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Difference between revisions of "Do You Have a Small Claim? (20:III)"
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Do You Have a Small Claim? (20:III) (view source)
Revision as of 18:04, 12 August 2021
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{{LSLAP Manual TOC|expanded = smallclaims}} | {{LSLAP Manual TOC|expanded = smallclaims}} | ||
In order to have a legal claim, it must be recognized by the law. | In order to have a legal claim, it must be recognized by the law. A frivolous claim is one that does not disclose a legal cause of action, is incapable of proof, or is otherwise bound to fail. A vexatious claim is one that is brought in order to annoy, frustrate, or antagonize the defendant. A claim may be both frivolous and vexatious. | ||
If a claim is frivolous or vexatious, the claimant will lose and may be penalized up to 10% of the amount of the claim (''Small Claims Rules'', BC Reg 261/93, 20(5) [SCR]). The penalty could be up to $8,750 on a $35,000 claim; it pays to research your cause of action and limit your claim to the proper amount. | If a claim is frivolous or vexatious, the claimant will lose and may be penalized up to 10% of the amount of the claim (''Small Claims Rules'', BC Reg 261/93, 20(5) [SCR]). The penalty could be up to $8,750 on a $35,000 claim; it pays to research your cause of action and limit your claim to the proper amount. | ||
== A. Types of Claims & Remedies == | == A. Types of Claims & Remedies == | ||