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Can a claim be dismissed in Small Claims Court?

Can a claim be dismissed in Small Claims Court?

Unlike the rules governing cases in the Ontario Superior Court, the Small Claims Court Rules do not really provide a means to dismiss claims on a summary basis.

How is a small claims court case decided?

Small claims cases are decided by a judge or commissioner. Attorneys are not allowed to practice in Small Claims Court. This means that you need to effectively represent yourself. How you prepare your case and present it to the court often has as much to do with the outcome of the case as the “merits” of the case itself.

Can a dismissal with prejudice be refiled in Small Claims Court?

A dismissal with prejudice is subject to being understood as a ruling that the plaintiff may not refile the action in any court. A dismissal without prejudice is sometimes misunderstood by a plaintiff unfamiliar with the law to mean the case can be refiled in small claims court.

Can a case be refiled in Small Claims Court?

A dismissal without prejudice is sometimes misunderstood by a plaintiff unfamiliar with the law to mean the case can be refiled in small claims court. In such a case the magistrate should simply check “involuntary dismissal” and write on the order form that the magistrate is without jurisdiction to hear the case in small claims court.

What happens when a small claims case is dismissed?

When a small claims case is “dismissed,” the court terminates the case without a trial and prior to the case’s completion. A dismissal, in effect, denies the plaintiff’s claim to the money requested in the Small Claims Complaint (or a counterclaim), even though the merits of the case have never been heard by the court.

Can a defendant appeal a small claims case?

If there is a cross complaint filed in a small claims action, either side that loses may file an appeal as the parties are both a plaintiff and a defendant. If you are the defendant in a Small Claims Court, you are trying to avoid being held liable to the plaintiff for some amount of money.

A dismissal with prejudice is subject to being understood as a ruling that the plaintiff may not refile the action in any court. A dismissal without prejudice is sometimes misunderstood by a plaintiff unfamiliar with the law to mean the case can be refiled in small claims court.

A dismissal without prejudice is sometimes misunderstood by a plaintiff unfamiliar with the law to mean the case can be refiled in small claims court. In such a case the magistrate should simply check “involuntary dismissal” and write on the order form that the magistrate is without jurisdiction to hear the case in small claims court.