Articles

In an LSO webinar on Small Claims enforcement, Deputy Judge Marcel Mongeon suggested that parties might make use of a consent to judgment. This form of consent is commonly seen at Superior Court, but it never ocurred to me to make use of it at the lower court.

When drafting the Terms of Settlement (Form 14D), you might include language indicating that if the terms are not complied with, the parties consent to a summary judgment with costs and fees/disbursements included.

Including something akin to a draft order might better motivate the parties to obey the terms, and the consent might assist in the motion for a summary judgment.

A couple in Ontario contracted Benchwood Builders to renovate their home. Things didn't go well, and Benchwood sought to place a lien on the property for unpaid bills.

When the couple discovered that Benchwood had posted photos of their home to showcase its work, the couple was not pleased.

Have you been served with a Plaintiff's Claim in Chatham or elsewhere in Ontario? If so, do not ignore it. A successful plaintiff could empty your bank account, garnish your wages, even have your car or house seized and sold. Begin drafting your defence immediately.

Courts have identified six types of damages that a person (or corporation) can claim as compensation for loss or injury. Which types might Small Claims actually award a successful plaintiff? Here is a break down.