Navigating the Ontario Court System By Joel Levitt Fryer Levitt Lawyers 421 Eglinton Avenue West, Suite 2 Toronto, Ontario, M5N 1A4

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, 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, Ordinary Rules Mandatory for certain types of claims - Construction Lien

Superior Court of Justice Simplified Procedure – Must be used for cases under $100, – Cost Consequences if fail to use – Can be used for cases over $100, – 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, – Can be used for cases over $100, – 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 Discovery MediationPre- TrialTrial

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 & Cross 10/50 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

Date Calculator For Default Judgments etc..

Applicable Interest Rates

Applicable Interest Rates Pre- Judgment

Applicable Interest Rates Post- Judgment