Chapter 2:

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Steps in the Litigation Process

The Civil Litigation Process: Small Claims Court

• Paralegals may only appear on civil trials before the Small Claims Court

• Disputes involving money or personal property up to $10,000

• Plaintiff: a person who brings a civil action against another

• Defendant: a person against whom relief is sought in an action

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The Civil Litigation Process: Small Claims Court (cont’d)

• Action starts when the plaintiff files a plaintiff’s claim

• Plaintiff serves the defendant with the claim and supporting documents

• A defendant wishing to dispute the plaintiff’s claim must serve the plaintiff with a defence

• The plaintiff’s claim and the defence are called pleadings

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The Civil Litigation Process: Small Claims Court (cont’d)

• A settlement conference is held in every defended action in order to:

• Resolve or narrow the issues in the action

• Expedite the disposition of the action

• Encourage settlement of the action

• Assist the parties in effective preparation for trial

• Provide full disclosure between the parties of the relevant facts and evidence

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The Criminal Litigation Process: Provincial Offences Court • Provincial offences: non-criminal offences arising under

provincial statutes • Parties:

• Her Majesty the Queen (the Crown)• The defendant

• Process begins with the issuance of an offence notice or summons

• To dispute the charge, a defendant must schedule a trial • May require filing a notice of intention to appear

• Defendant may request disclosure of evidence from the Crown prosecutor

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Administrative Tribunal Process: The Landlord and Tenant Board

• Administrative Tribunal: a quasi-judicial body created by statute to handle matters arising under specific statutes

• Landlord and Tenant Board:

• Created by the Residential Tenancies Act, 2006

• Created to administer the statute and to deal with disputes between residential landlords and tenants

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Administrative Tribunal Process: The Landlord and Tenant Board (cont’d)

• Either the landlord or tenant may make an application to the Board

• Applicant: the party who files the application

• The other party is known as the respondent

• Board will issue a notice of hearing

• Must be served on the respondent together with the application

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