Sample Notice of Claim for Small Claims (20:App C): Difference between revisions

{{LSLAP Manual TOC|expanded = smallclaims}}

== a) Claims in Debt ==

If the defendant has partially paid the original amount owing, this should be detailed in the Notice of Claim.  

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.  

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, $25,000 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 ''Epstein v Cressey Development Corp.'' [1992] 2 WWR 566 (BCCA). Punitive damages are not compensatory and must be plead specifically; see ''Gillespie v Gill Et. Al.'' [1999] B.C.P.C. No. 2021. For a discussion of aggravated damages see ''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.   

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.