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

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{{REVIEWED LSLAP | date= August 16, 2020}}
{{REVIEWED LSLAP | date= August 6, 2021}}
{{LSLAP Manual TOC|expanded = smallclaims}}
{{LSLAP Manual TOC|expanded = smallclaims}}


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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.  
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.  


'''SAMPLE:''' The claimant’s claim is against the defendant(s) (and each of them jointly and severally) for the sum of $3,000 for damages to the claimant’s house resulting from a roof installed on or about the 10th day of June, 2007, at (or near) 2120 West 2nd Avenue in the City of Vancouver, British Columbia, due to the roof being negligently installed by the defendant... causing damages of the above amount. The defendant’s said negligence consisted of... (e.g. improper installation or materials).  
'''SAMPLE:''' The claimant’s claim is against the defendant(s) (and each of them jointly and severally) for the sum of $3,000 for damages to the claimant’s house resulting from a roof installed on or about the 10th day of June, 2007, at (or near) 2120 West 2nd Avenue in the City of Vancouver, British Columbia, due to the roof being negligently installed by the defendant... causing damages of the above amount. The defendant’s said negligence consisted of... (i.e., improper installation or materials).  


'''SAMPLE:''' The claimant had a contract with the defendants to paint the claimant’s house for $3,000. The defendants never painted the house. The claimant had to pay XYZ Painters $3,950 to paint the house. This happened in Coquitlam, British Columbia, in May of 2007.  
'''SAMPLE:''' The claimant had a contract with the defendants to paint the claimant’s house for $3,000. The defendants never painted the house. The claimant had to pay XYZ Painters $3,950 to paint the house. This happened in Coquitlam, British Columbia, in May of 2007.  


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.  
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'''SAMPLE:'''The claim is against the defendant for the return of their lawn mower, which was borrowed by the defendant who refused to return  it. This happened in Surrey, British Columbia, in July of 2007.
'''SAMPLE:'''The claim is against the defendant for the return of their lawn mower, which was borrowed by the defendant who refused to return  it. This happened in Surrey, British Columbia, in July of 2007.


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, i.e., “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.




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