All Questions
Tagged with small-claims-court canada
42
questions
0
votes
0
answers
153
views
Moneyless Winner wins at Small Claims Court. Loaded Loser appeals, but how can Winner protect against any adverse cost?
After commencing lawsuit at a forum where he could afford any adverse costs†, Impoverished Winner won. But the moneyed Loser can afford, and appeals to, a court that can award costs. Winner doesn't ...
- 87
2
votes
2
answers
232
views
How can a lender of a small loan protect himself from the borrower not paying them back?
An acquaintance asked me to lend him money. I believed his story and lent him $100. He promised to pay me back $150 in 5 days time. It's been months and he hasn't paid me anything. I have heard that ...
5
votes
1
answer
674
views
Is there any particular reason that Small Claims court monetary limits are generally higher in Canada than in the US?
By Province/Territory in Canada:
https://neighbourhoodlegal.ca/2022/05/15/small-claims-court-monetary-limit-across-canada/
By State in US:
https://www.nolo.com/legal-encyclopedia/small-claims-suits-...
- 887
2
votes
1
answer
100
views
From a practical perspective, what is the most reliable way to make a debtor pay?
It would seem the two options to "force" a person to pay are
have a judge issue a wage garnishing order for one of their employers
have a judge issue a wage garnishing order against one of ...
1
vote
1
answer
82
views
Do Judges in Nova Scotia small claims court take verbal communications seriously if there is a disagreement about its contents?
My question is trying to elucidate the weight a verbal discussion between home-owner and contractor would carry in small claims court in Nova Scotia, Canada.
The context would be that the home owner ...
- 111
0
votes
2
answers
104
views
If Defendant agrees to settle, can the Plaintiff still be awarded legal fees?
Say Defendant owes Plaintiff money. It's a relatively simple case, such as Plaintiff did work but Defendant isn't paying Plaintiff. Plaintiff files an action in small claims, and Defendant finally ...
0
votes
1
answer
116
views
When is an address considered an acceptable "address for service"?
Usually legal action against a person or business involves serving them with registered mail. What exactly is considered an acceptable address of service? I understand that if a legal proceeding has ...
1
vote
1
answer
136
views
What happens if debtor pays before enforcement hearing?
This is a hypothetical scenario.
I had an order which the debtor was not following. He paid me just before the enforcement hearing. What do I need to do to cancel the hearing, or should I attend and ...
- 117
2
votes
0
answers
26
views
Can a civil action started under Ontario's Simplified Procedure be moved to Small Claims Court?
Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for ...
- 21
0
votes
1
answer
112
views
In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?
At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers.
I understand in the payment hearing the creditor can ...
- 117
1
vote
1
answer
105
views
How to serve a summons to payment hearing to a debtor?
Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to ...
- 117
2
votes
1
answer
68
views
How is interest calculated on a debt?
For the notice of payment hearing forum it has a section for "payment order" and "interest". How is interest calculated? What percent is it? What time does it start counting from, ...
- 117
0
votes
1
answer
82
views
How to have a provincial court order enforced? What are the pros/cons of the different ways?
Follow up to How does someone file an order with the Provincial Court to have it enforced?
If a plaintiff received a validated order from the Civil Resolution Tribunal, then filed it with the BC ...
- 117
1
vote
1
answer
241
views
How does someone file an order with the Provincial Court to have it enforced?
Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
- 117
-1
votes
1
answer
45
views
Confused as to the waiting period required after getting an order
A default judgement was awarded. It seems there are contradicting orders in how much time one must wait to get it enforced:
As set out in 58.1 (3) of the CRTA, a part may only enforce this order
if ...
- 415