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Difference between revisions of "Sample Notice of Claim for Small Claims (20:App C)"
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Sample Notice of Claim for Small Claims (20:App C) (view source)
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== | == 1. Claims in Debt == | ||
Claims in debt are quantified. Usually, the parties can agree on the amount owing. | Claims in debt are quantified. Usually, the parties can agree on the amount owing. | ||
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If the defendant has partially paid the original amount owing, this should be detailed in the Notice of Claim. | If the defendant has partially paid the original amount owing, this should be detailed in the Notice of Claim. | ||
== | == 2. Claims for Damages == | ||
Damages are a claim for a loss where the parties do not agree on an amount owed. These claims often refer to breach of contract, misrepresentation, or negligence. | Damages are a claim for a loss where the parties do not agree on an amount owed. These claims often refer to breach of contract, misrepresentation, or negligence. | ||
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In a claim for damages, the claimant may not know what the amount should be. In such cases, the claimant should claim a figure that they would accept in the settlement, or if doubtful of the amount, $35,000 should be claimed and the court will determine the appropriate amount of damages. Furthermore, Small Claims Court can award aggravated and punitive damages. Aggravated damages are considered compensatory and may be awarded even if not plead specifically; see ''[http://canlii.ca/t/1d9n9 Epstein v Cressey Development Corp.]'' [1992] 2 WWR 566 (BCCA). Punitive damages are not compensatory and must be pleaded specifically; see ''[http://canlii.ca/t/23zp0 Gillespie v Gill Et. Al.]'' [1999] B.C.P.C. No. 2021. For a discussion of aggravated damages see ''[http://canlii.ca/t/gd3rv Kooner v Kooner]'' [1989] B.C.S.C. No.62. For a discussion of aggravated and punitive damages, see ''Siebert v J & M. Motors Ltd.'' [1996] B.C.J. No.876. | In a claim for damages, the claimant may not know what the amount should be. In such cases, the claimant should claim a figure that they would accept in the settlement, or if doubtful of the amount, $35,000 should be claimed and the court will determine the appropriate amount of damages. Furthermore, Small Claims Court can award aggravated and punitive damages. Aggravated damages are considered compensatory and may be awarded even if not plead specifically; see ''[http://canlii.ca/t/1d9n9 Epstein v Cressey Development Corp.]'' [1992] 2 WWR 566 (BCCA). Punitive damages are not compensatory and must be pleaded specifically; see ''[http://canlii.ca/t/23zp0 Gillespie v Gill Et. Al.]'' [1999] B.C.P.C. No. 2021. For a discussion of aggravated damages see ''[http://canlii.ca/t/gd3rv Kooner v Kooner]'' [1989] B.C.S.C. No.62. For a discussion of aggravated and punitive damages, see ''Siebert v J & M. Motors Ltd.'' [1996] B.C.J. No.876. | ||
== | == 3. Other Remedies == | ||
The Notice of Claim is designed for claims in debt and for damages, but other claims are available, such as specific performance of a contract, quantum meruit or return (recovery) of an item. | The Notice of Claim is designed for claims in debt and for damages, but other claims are available, such as specific performance of a contract, quantum meruit or return (recovery) of an item. | ||
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'''SAMPLE:''' The claim is against the defendant for the return of their lawnmower, which was borrowed by the defendant who refused to return it. This happened in Surrey, British Columbia, in July of 2007. | '''SAMPLE:''' The claim is against the defendant for the return of their lawnmower, which was borrowed by the defendant who refused to return it. This happened in Surrey, British Columbia, in July of 2007. | ||
In cases such as this, ignore the dollar amount for the “How Much” section. Indicate instead what the claimant seeks, i.e., “The claimant asks for an order that | In cases such as this, ignore the dollar amount for the “How Much” section. Indicate instead what the claimant seeks, i.e., “The claimant asks for an order that their lawn mower be returned to them”. The client should consider the possible condition of the goods when deciding whether or not to ask for damages instead. | ||
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