Sample Notice of Claim for Small Claims (20:App C): Difference between revisions
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Sample Notice of Claim for Small Claims (20:App C) (view source)
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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 | 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 they 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 == | ||
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In cases such as this, ignore the dollar amount for the “How Much” section. Indicate instead what the claimant seeks, e.g. “The claimant asks for an order that her lawn mower be returned to her”. The client should consider the possible condition of the goods when deciding whether or not to ask for damages instead. | In cases such as this, ignore the dollar amount for the “How Much” section. Indicate instead what the claimant seeks, e.g. “The claimant asks for an order that her lawn mower be returned to her”. The client should consider the possible condition of the goods when deciding whether or not to ask for damages instead. | ||
{{REVIEWED LSLAP | date= August 16, 2020}} | |||
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