Small Claims Court Procedures and Practice

Course Description

In this course, paralegal students will learn about the role of the Small Claims Court in the administration of justice in Ontario and about the practice that is followed in that court as regards prosecuting and defending claims. Emphasis will be placed on the rules of the Small Claims Court and the relevant sections of the Courts of Justice Act. Students will also gain the skills of the fundamentals of trial preparation and trial presentation in respect of the Small Claims Court. The reality is that, in general, plaintiffs and defendants in this court represent themselves. Lawyers, students-at-law and agents make infrequent appearances. Accordingly, students who will act as agents (to use the language of section 26 of the Courts of Justice Act) require knowledge in the rules of evidence pertaining to the proof of claims or defences in this court, the principles of direct examination, cross-examination and re-examination, the marking of exhibits and the making of submissions or arguments based on fact and law at the end of the trial before judgment is delivered.