Download Small Claims Courts in Canada: Procedures, Limits, and Types of Cases and more Study notes Law in PDF only on Docsity! Civil Courts Small Claims Court Sometimes called "The People's Court," Small Claims Court provides a simple and relatively inexpensive way to settle disputes concerning money or property. Cases are tried informally by a judge without a jury. Both parties are given the chance to tell their story and are not usually represented by lawyers. In fact, Quebec has barred lawyers from its Small Claims Courts. All provinces issue free, easy-to-read booklets with step-by-step procedures for filing a claim. In addition, court staff are available to answer questions and explain how to fill out the proper forms, most of which follow a fill-in-the-blank format. Typical small claims include failure to pay rent, consumer complaints, unpaid bills, unpaid wages, claims for minor accidents, and consumer debts. Many businesses use this court to collect unpaid accounts from customers. The dollar limit for such claims varies from province to province and currently ranges from $3,000 to $10,000 Saskatchewan is at $5,000. Province Maximum Claim $ Alberta British Columbia 7 500 10 000 Manitoba 7500 New Brunswick 6 000 Newfoundland & 3 000 Nova Scotia 10 000 Ontario 10 000 Prince Edward 8 000 Quebec 3 000 Saskatchewan 5 000 Provincial Supreme Court All civil cases above the small claims limit go directly to the Supreme Court of the province or to the Court of Queen's Bench. Disputes that reach this level are usually argued by lawyers since the cases may be very complex and may require several years of preparation. Examples include serious motor vehicle accidents, medical malpractice or injury, breach of contract, division of property after a divorce, and so on. Cases at this level may be tried by a judge alone or by judge and jury. Unlike a criminal trial jury, a civil trial jury in most provinces has only six members, and they can reach a decision by majority vote. In recent years, jury trials in civil cases have become rare because of the cost and complexity of the cases. Court of Appeal All provinces have Courts of Appeal that hear appeals from their lower courts. Appeals are heard by three or more judges, depending on the case, and their decisions may be either unanimous or majority judgments. A split 2 to 1 judgment is not uncommon from these courts. The court will release its decision and provide explanations for the majority vote. Dissenting judges will also provide their reasons for disagreeing with the majority vote. Federal Court of Canada Docsity.com
