Course Code: PLBA 1002
Academic Year: 2022-2023
This course introduces students to the role of the small claims court in the administration of justice in Ontario and in facilitating access to civil justice. The scope of the court's jurisdiction is examined within the framework of its territorial, monetary and statutory parameters. Students will synthesize the court's rules and procedural requirements with the principles of proper pleading in developing pleadings, affidavits and other court documents. The course will also cover preliminary considerations before resorting to the court process, assessing the strengths and weaknesses of the party's position and addressing the procedures that must be complied with in the proper prosecution or defence of claims. The purpose and range of court motions and applications receive detailed coverage, including motions relating to the interim recovery of personal property, enforcement of rights under the Repair and Storage Liens Act and setting aside default judgments.