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

Navigating the Ontario Court SystemBy Joel Levitt

Fryer Levitt Lawyers 421 Eglinton Avenue West, Suite 2 Toronto, Ontario, M5N 1A4

www.fryerlevitt.com

http://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


• Choice of Procedure

Simplified Procedure

Mandatory if claim under $100,000.00


• 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


• 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


• Steps under Simplified Procedure

Pleadings

Documentary

Discovery

Examinations

for Discove

ry

Mediation

Pre- Trial

Trial


• 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


• 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


• 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


• Type of Trials

Ordinary Trial Summary Trial

Affidavit Evidence

Limited Exam & Cross10/50 rule


• 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


• 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