Do You Have a Small Claim? (20:III): Difference between revisions
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Do You Have a Small Claim? (20:III) (view source)
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=== 3. Equity === | === 3. Equity === | ||
The usual remedy for torts and breaches of contract is monetary damages. In circumstances where monetary damages are inadequate or where a legal remedy is improper in the circumstances, the court may grant other relief such as an injunction. The Small Claims Court, pursuant to s 2 of the ''Small Claims Act'' [SCA] (''Small Claims Act'', RSBC 1996, c 430 | The usual remedy for torts and breaches of contract is monetary damages. In circumstances where monetary damages are inadequate or where a legal remedy is improper in the circumstances, the court may grant other relief such as an injunction. The Small Claims Court, pursuant to s 2 of the ''Small Claims Act'' [SCA] (''Small Claims Act'', RSBC 1996, c 430), has a limited inherent jurisdiction to grant equitable remedies. The Civil Resolution Tribunal, pursuant to s 118 of the ''Civil Resolution Tribunal Act'' [CRTA] (''Civil Resolution Tribunal Act'', SBC 2012, c 25), has the same limited jurisdiction. A party seeking an equitable remedy such as an injunction should consult with a lawyer and will likely need to apply to the Supreme Court for relief. | ||
=== 4. Restitution === | === 4. Restitution === |