Small Claims Court Proceedings (ON)Lexis Practical Guidance (In-library access only)
It provides the process, procedures and time limits for commencing a claim (including the court's jurisdiction to hear an action, how to issue the claim, electronic issuing of the claim, and when a claim will be automatically dismissed); defending a claim (including filing and serving a defence and a defendant's claim, if desired, or admitting liability and agreeing to a payment plan, and what happens to a defendant's claim if the plaintiff's claim is automatically dismissed); amending pleadings; serving pleadings and other non-commencement documents (including methods of service, time limits, extra-provincial service, proof of service, service where a party cannot be found, and completion of service); default proceedings (including noting the defendant in default, obtaining default judgment by a motion in writing or an assessment hearing, bringing a motion to set aside noting in default or default judgment and dismissal by clerk as a result of abandonment); motions in small claims court (including what must be included in a notice of motion, supporting affidavit and responding affidavit); settlement conferences; and offers to settle (including what the cost consequences are for a failure to accept an offer to settle).