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Simon Shields, LLB

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Small Claims Court (Ontario) Law
(01 January 2015)

UPDATING


A. Statutes and Regulations


LawCurrent to
COURTS OF JUSTICE ACT (RSO 1990, s.43)SO 2009, c.33, Sch.6, s.50
Reg 258/98 (Rules of the Small Claims Court)(1)171/14
Reg 186/90 (Designation of Regions)(1)Reg 340/07
188/90 (Duties of Clerks and Bailiffs at Small Claims Court)(1)No Amendments
Reg 53/01 (Bilingual Proceedings)(1)No Amendments
Reg 626/00 (Small Claims Court Jurisdiction and Appeal Limit)(1)317/11
ADMINISTRATION OF JUSTICE ACT, RSO 1990, c.A6SO 2010, c.1, Sch.6, s.8
Reg 2/05 (Fee Waiver)(1)95/14
Reg 294/92 (Sheriff)(1)12/11
Reg 432/93 (Small Claims Court - Fees and Allowances)(1)248/12

Note 1: For amendment (legislative) history, click the link and search on the Regulation number in quotes eg: "516/06". Where Reg number ends in "/90", search as per this example: "Reg. 188. " (with trailing space).
Note 2: Last legislation update was 01 January 2015. Other Statutes and Regulations referred to in this Guide may not be regularly updated.

B. Court Cases (Canlii-searched on "Small Claims Court")

CourtCurrent toSubsequent (Unintegrated) Cases
Ontario Divisional Court01 January 20122012
2013
2014
2015 and later
Ontario Court of Appeal01 January 20152015 and later
Supreme Court of Canada01 January 20152015 and later


C. Proof-Reading (Text, External Links, Form Links and Miscellaneous)

ChapterDate of Last Edit
101 January 2015
201 January 2015
301 January 2015
401 January 2015
501 January 2015
601 January 2015
701 January 2015
801 January 2015
901 January 2015
1001 January 2015
1101 January 2015
1201 January 2015
1301 January 2015
1401 January 2015
1501 January 2015
1601 January 2015
1701 January 2015
1801 January 2015



MISCELLANEOUS NOTES


--> does Ch.14 s.4(e) need addition of CJA s.137 access to paper file [though it is addressed in Ch.8, s.8]

--> see Ch.9, s.3(b): rework treatment of 'liquidated damages'

--> Mungo Bear affirmed in other case at CA: Grover v. Hodgins, 2011 ONCA 72 (CanLII)

--> case on 'reasons' in small claims court: Loans Till Payday v. Brown, 2010 ONSC 6639 (CanLII)

--> reconsider integrating Kipiniak v. K. Dubiel, 2011 ONSC 825 (CanLII) [Div Ct, 2011]

---> the new CREDITORS’ RELIEF ACT, 2010 and the Execution Act (plus Reg) should be at least partly integrated into Ch.16; maybe a free-standing private collections Guide (already have a Collection Agencies Act Guide)

--> do a statute-wide search on "small claims court" for other provs like condo act 55(10) in the Ontario Statregs- there are 47 references!

---> there is a Small Claims Court court website (just like the Sup Ct and the CA) at this link: http://www.ontariocourts.ca/scj/en/scct/ [practice directions and all]

---> recent CA summary of law of civil contempt: Chiang (Re) , 2009 ONCA 3 (CanLII)

--> Peck v. Residential Property Management Inc., 2009 CanLII 38504 (ON SCDC) [no stat appeal of interlocutory orders in Small Claims, but JR is allowed]; cite it up



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