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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)
Revision as of 05:02, 17 August 2020
, 05:02, 17 August 2020→b) Claims for Damages
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The statement of facts should be broken down into separate paragraphs. Facts should be listed as one fact per numbered paragraph. | The statement of facts should be broken down into separate paragraphs. Facts should be listed as one fact per numbered paragraph. | ||
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 he or she would accept in settlement, or if doubtful of the amount, $ | 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 he or she would accept in 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 plead 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. | ||
== c) Other Remedies == | == c) Other Remedies == | ||
