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...[21] In Small Claims Court (where claimants are often unrepresented) a liberal, non-technical approach should be taken to the pleadings to ensure that access to proper adjudication of claims is not prevented on a technicality. Don't obsess about following these examples exactly - particularly if you are up against a time limit or a limitation period (these are different things) (see Ch.7: "Time Limits") or some other practical time pressure.

The court has a duty, on being presented with facts that fall broadly within the umbrella of the circumstances described in the Statement of Claim, to determine whether those facts constitute a cause of action. Just do the best you can (and review Ch.4: "Parties" carefully).

Issues of distinguishing "legal" versus "business" names, and obtaining judgments which name the people behind sole proprietorships and partnerships can be confusing (see Ch.4: "Parties"). in one document) by multiple plaintiffs or multiple defendants, but this should only be done where the interests of the parties are not likely to conflict. addresses, etc) is covered in the chapter: "Service".

(b) Standard of Pleadings and 74 OR (3d) 45 (Ont Div Ct, 2003], which hears appeals from Small Claims cases, stated the following when dealing with a case where a plaintiff had not "pleaded" (ie.

The Rules of Small Claims Court identify the following main forms of pleadings: These are a simplified version of the forms of pleadings that are used in the main Ontario trial court, the Superior Court of Ontario.

For those familiar with higher court practice, a "Defendant's Claim" includes what are otherwise known as counter-claims, cross-claims and third party claims.

At the time of the lower court decision the court's monetary jurisdiction was only ,000. Although the agent for the appellant objected, the deputy judge concluded that legal obligations arose from the statute ? and on this basis the deputy judge awarded judgment against the appellant.

The Divisional Court commented that not allowing the plaintiff to argue this newly-discovered fact are trial was holding small claims court pleadings to an 'unworkable' standard. Unfamiliar terms are explained more fully in Ch.4: "Parties".Their primary purpose is to set out the factual allegations that the party hopes to prove (or defeat), to briefly state the legal basis of the claim (or defence), and to set out the remedy sought (typically, monetary damages).They are exchanged between the parties by way of "service" (see Ch.6 "Service of Documents").In the case of [57] Based on a reading of Respondents’ Statement of Claim, the Deputy Judge was correct in finding that there were sufficient material facts pleaded to put the Appellant on notice that the tort of negligent misrepresentation was a live issue to the Respondents. The parties named before the "v" (for "versus" are always the plaintiffs, although in the case of a Defendant's Claim (see below) this is reversed.In Small Claims Court it is not necessary to specifically plead specific legal principles to put the Appellant on notice. (i) Simple: Other situations may arise, and sometimes you don't have all the information you might like to have.

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