Navigating the Ontario Court System By Joel Levitt Fryer Levitt Lawyers 421 Eglinton Avenue West,...
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Transcript of Navigating the Ontario Court System By Joel Levitt Fryer Levitt Lawyers 421 Eglinton Avenue West,...
Navigating the Ontario Court SystemBy Joel Levitt
Fryer Levitt Lawyers 421 Eglinton Avenue West, Suite 2 Toronto, Ontario, M5N 1A4
www.fryerlevitt.com
Step 1 : Avoid the Court System
• Costs– Legal
– Time expended
– Man Hours lost
• Resolution time– Small Claims Court 6 months to a year
– Superior Court - Simplified Rules 1- 2 years
– Superior Court - Ordinary Procedure 2 years and up
Step 2 : Limitation Periods
• The Limitations Act, 2002– Came into force in 2004
– In large part sets two year time limit to commence action
– Two years from when
• Extending the Limitation period– Acknowledgements of debt
Step 2 : Limitation Periods
• Section 13 The Limitations Act• If a person acknowledges liability in respect of a
claim for payment of a liquidated sum, the act or omission on which the claim is based shall be deemed to have taken place on the day on which the acknowledgment was made.
• An acknowledgment of liability in respect of a claim for interest is an acknowledgment of liability in respect of a claim for the principal and for interest falling due after the acknowledgment is made.
Small Claims Court
• Dollar Limitation– $0-$25,000.00
• Legal Limitation– Cannot seek declarations
Small Claims Court
• Step A Pleadings– Plaintiff’s Claim include documents
• Where to start action
• Default Jurisdiction is where Defendant resides
• Plaintiff can seek to change jurisdiction
– Defence 20 days after service
– Defendant’s Claim 20 days after filing of Defence
– Default Judgment if no Defence
Small Claims Court
• Step B
Settlement Conference– Preparation
• Documentation and Witness list
• Witness Statements
• Offers to Settle and Cost Consequences (Double Costs = 30%)
– Attendance
• Client attendance required – by telephone as an option
• Short summary of action
• All Documents should be available
• Settlement strategy – bottom line
Small Claims Court
• Step C
Trial– Preparation
• Additional Documentation at least 30 days in advance
• Witness - Summons, Affidavits, Signed Statements
• Offer to Settle - if not previously made
– Attendance
• All witnesses unless appearing by Affidavit or signed statement
Small Claims Court
• Step D - within 30 days
Appeal
Divisional Court
Error of law
Rehearing
Small Claims-
New evidence
Superior Court of Justice
• Dollar Limitations– $25,000 and up
• Legal Limitations– None
Superior Court of Justice
• Choice of Procedure
Simplified Procedure
Mandatory if claim under $100,000.00
Superior Court of Justice
• Simplified Procedure– Must be used for cases under $100,000.00
– Cost Consequences if fail to use
– Can be used for cases over $100,000.00
– Advantages
• Speed
• Cost
– Disadvantages
• Difficult for fact or paper intensive cases because of limited discovery
Superior Court of Justice
• Simplified Rules (76)– Must be used for cases under $1000,000.00
– Can be used for cases over $100,000.00
– Advantages
• Speed
• Cost
– Disadvantages
• Element of surprise
• Difficult for fact or paper intensive cases
Superior Court of Justice
• Steps under Simplified Procedure
Pleadings
Documentary
Discovery
Examinations
for Discove
ry
Mediation
Pre- Trial
Trial
Superior Court of Justice
• Documentary Discovery• Production and delivery of all relevant documents
• Delivery of complete Witness list including full contact information for each witness
• Examinations for Discovery• Limited to two hours per side
Superior Court of Justice
• Mediation• Out of Court
• Private without prejudice settlement discussion
• Must take place prior to trial
• Should take place prior to pre-trial
• Toronto Mediation Office as effective tool to avoid a stalling Defendant
• Mediation Briefs
• Mediation Strategy
Superior Court of Justice
• Pre-Trial• In court before Master or Judge
• Private without prejudice settlement discussion
• Must take place prior to trial
• Used to settle and/or narrow issues
• Court can make only procedural orders
• Court cannot force settlement
• Offers to Settle and cost consequences
Superior Court of Justice
• Type of Trials
Ordinary Trial Summary Trial
Affidavit Evidence
Limited Exam & Cross10/50 rule
Superior Court of Justice
• Ordinary Procedure• Discovery Plan
• Documentary Discovery
– Copies only if other side pays
– No Witness List required
• Motions
• Examinations
– Limited to 7 hours per side
• Trials
– Regular trial only – jury trials available
Superior Court of Justice
• I MADE IT THROUGH BUT WHERE‘S MY MONEY?
• Collection• Garnishments – Bank Accounts, Contracts, Wages (20%)
• Writs of Seizure and Sale – Land or Personal Property – 6 years – Sheriffs Sale
• Judgment Debtor Examinations – 1 per year
Small Claims Court Forms www/ontariocourtforms.on.ca/english/scc
Small Claims Court Forms Assistant https://formsassistant.ontariocourtforms.on.ca/
Date Calculator For Default Judgments etc.. www.timeanddate.com
Applicable Interest Rates www.attorneygeneral.jus.gov.on.ca/english/courts/interestrates.asp
Applicable Interest Rates Pre- Judgment
Applicable Interest Rates Post- Judgment