Small Claims Court Case Study

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1. What costs are recoverable by a successful party at the Small Claims Court? The judge will typically award as costs the court fees (filing fee, set-down fee) and a preparation fee. Generally speaking, the winning party is entitled to have his or her reasonable disbursements paid by the losing party. If a party is represented, the court may also award the party a reasonable representation fee at trial. Under s. 29 of the Courts of Justice Act, an award of costs in the Small Claims Court, other than disbursements, cannot exceed 15 percent of the amount claimed. 2. What should you do when preparing your submissions as to costs in Small Claims Court? You should review the relevant provisions of the Act and the Rules, so that you may refer to the …show more content…

When do you speak to costs in Small Claims Court? After the judge makes his or her decisions (and if you are the successful party), wait for the judge to ask you whether you would like speak to costs. 4. How do you speak to costs in Small Claims Court? Once the judge has asked if you would like to speak to costs, stand up and state the amounts you are seeking and the authority for those amounts. 5. How are costs dealt with at the Landlord and Tenant Board? At the Landlord and Tenant Board, costs are dealt with in the Residential Tenancies Act, 2005 and the Rules of Practice of the Landlord and Tenant Board. Costs are also dealt with in an Interpretation Guideline. The adjudicator will award a successful applicant the fees he or she paid to file his or her application. 6. How are costs dealt with at Provincial Offences Court? Under the Provincial Offences Act, a person who is convicted of an offence may be ordered to pay costs in addition to any fine. The regulations to the Act set out the amount of costs payable. Although the amount of costs payable is fixed by the regulations, the parties are given an opportunity to make submissions about costs. 7. How is pre-judgment interest

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