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Starting a Small Claim (20:V): Difference between revisions

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== C. Identifying the Defendant(s) ==
== C. Identifying the Defendant(s) ==


If a settlement letter is unsuccessful, parties will be required to file a Notice of Claim through Small Claims Court if the claim is for between $5,001 and $35,000; see Section V.E.: Drafting the Notice of Claim. If the amount claimed is $5,000 or less, a party will apply for CRT dispute resolution; see Section V.D: Civil Resolution Tribunal.
If a settlement letter is unsuccessful, parties will be required to file a Notice of Claim through Small Claims Court if the claim is for between $5,001 and $35,000; see Section V.G.: Drafting the Notice of Claim. If the amount claimed is $5,000 or less, a party will apply for CRT dispute resolution; see Section V.E: Civil Resolution Tribunal.


When drafting a Notice of Claim and throughout the litigation process, it is important to stick to the '''relevant''' facts. Court is not a  forum for airing grievances that do not give rise to a claim. For example, in a claim for breach of contract, the fact that the defendant  acted rudely is generally not relevant to the claim. Including irrelevant facts confuses the issues, wastes time, raises tensions, and makes it more difficult to successfully prove the claim. A good rule to follow for each type of claim is to include '''only the facts necessary''' to satisfy the legal test for that type of claim; brief is better.  
When drafting a Notice of Claim and throughout the litigation process, it is important to stick to the '''relevant''' facts. Court is not a  forum for airing grievances that do not give rise to a claim. For example, in a claim for breach of contract, the fact that the defendant  acted rudely is generally not relevant to the claim. Including irrelevant facts confuses the issues, wastes time, raises tensions, and makes it more difficult to successfully prove the claim. A good rule to follow for each type of claim is to include '''only the facts necessary''' to satisfy the legal test for that type of claim; brief is better.  
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