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Difference between revisions of "Do You Have a Small Claim? (20:III)"
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Do You Have a Small Claim? (20:III) (view source)
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If a claim is frivolous or vexatious, the claimant will lose and may be penalised up to 10% of the amount of the claim (''Small Claims Rule'' 20(5)). The penalty could be up to $5,000 on a $25,000 claim; it pays to research your cause of action and limit your claim to the proper amount. | If a claim is frivolous or vexatious, the claimant will lose and may be penalised up to 10% of the amount of the claim (''Small Claims Rule'' 20(5)). The penalty could be up to $5,000 on a $25,000 claim; it pays to research your cause of action and limit your claim to the proper amount. | ||
== A. Types of Claims == | == A. Types of Claims & Remedies == | ||
It is helpful to research each of the following types of claims to ensure that a claim falls within at least one of them. See Appendix G for a partial list of specific causes of action. If you are unable to fit your claim into one of the listed categories, you should consult a lawyer to see if you have a cause of action. | It is helpful to research each of the following types of claims to ensure that a claim falls within at least one of them. See Appendix G: Causes of Action for a partial list of specific causes of action. If you are unable to fit your claim into one of the listed categories, you should consult a lawyer to see if you have a cause of action. | ||
=== 1. Tort === | === 1. Tort === | ||
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=== 5. Statute === | === 5. Statute === | ||
Certain statutes create a right of action that does not exist in the common law. The statute will set out what must be proved, the defences that apply, the types of damages that can be awarded, and how the claim must be brought. A person planning to bring a claim under a statutory cause of action should research the statute as well as how the courts have interpreted it by noting up the applicable provisions. Resources include CanLII.org, the courthouse library, and a practising lawyer. | Certain statutes create a right of action that does not exist in the common law. The statute will set out what must be proved, the defences that apply, the types of damages that can be awarded, and how the claim must be brought. A person planning to bring a claim under a statutory cause of action should research the statute as well as how the courts have interpreted it by noting up the applicable provisions. Resources include CanLII.org, the courthouse library, and a practising lawyer. | ||
== B. Types of Damages == | == B. Types of Damages == | ||
