Difference between revisions of "Choosing the Proper Forum for Small Claims (20:IV)"

The Supreme Court has a broad jurisdiction. It is not bound by any monetary limits and there are few restrictions on the types of claims that it can hear. The Supreme Court can grant injunctions, conduct judicial reviews, and make new law. The Supreme Court is not designed for lay litigants. Parties without legal training or legal advice may find it much more difficult to navigate than Small Claims Court.   There are,  however, a number of resources29 to help lay litigants bring and defend claims in Supreme Court. The court fees in Supreme Court are higher than in Small Claims Court; they can be waived, however, for those who cannot afford them. In  Supreme Court,  the  losing  party  will  often  be  ordered  to  pay  to  the  successful  party  a  portion  of that  party’s  reasonable  legal  costs.    Costs  are  awarded using  a  tariff system  and  generally  on  a  party and party basis that usually amounts to about twenty per cent of the successful party’s costs.  While it is  possible  for  the  successful  party  to  be  fully  indemnified  through  an  award  of  special  costs,  also known as solicitor-client costs, this is rare and should not be expected.