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The Superior Court of Justice does not deal with matters where the Federal Court has exclusive jurisdiction, including federal tax matters and immigration matters. Steps in civil action. There is a general set of steps you need to follow for civil cases started by a statement of claim in the Superior Court of Justice. Each case may vary.
- Determining Jurisdiction. The first step in the litigation process is to decide which court the action should be started in. If a person’s claim is for $35,000 or less, the action must be started in the small claims court.
- Statement of Claim. To start the litigation process, the person who has been harmed (the “Plaintiff”) prepares a Statement of Claim. The Statement of Claim describes the facts and the legal reasons that the Plaintiff says he or she is entitled to compensation from the other person (the “Defendant”).
- Statement of Defence and Counterclaim. If the Defendant has been served in Ontario, he or she must serve the Plaintiff with a Statement of Defence within a brief window of time.
- Reply and Defence to Counterclaim. Once the Plaintiff receives the Statement of Defence, he or she has the chance to file a reply to the allegations made in the Statement of Defence.
Aug 17, 2017 · The excess amount is waived. For instance, if you are owed $40,000.00 and you commenced your claim in SCC, you would be required to waive $15,000.00 so that your claim was for $25,000.00. [2] A motion is a request made to the court by one party to the action asking the court to issue a ruling or order on a legal matter related to the action.
Nov 16, 2017 · Rule 14.05 titled Notice of Application and clause Sub 1, provides some information but if we scroll down in 14.05 Sub 2, it says application under statute, a proceeding may be commenced by an application to the Superior Court of Justice or to a judge of that court if a statute so authorizes.
- Step1: What are Pleadings? Pleadings are the documents in which each party lays out their version of facts about the issue. A party that commences a court action, will start their court action by filing and serving a document which is called a Statement of Claim.
- Step 2: is the Affidavit of Documents—which is really the evidentiary part of your court action. Through the Affidavit of Documents each party provides whatever evidence they have in relation to the Claim.
- Step 3: The next step is the Discovery process. Once the Affidavit of Documents are exchanged, each party is allowed to see if there is any further evidence that the other side has in its possession and they do that through the process called the Discovery process.
- Step 4: Once the Discovery process is complete or even sometimes before the Discovery process is done, the Parties go to Mediation to see if the matter could be settled.
Mar 20, 2016 · The technical term for most lawsuits in Ontario is a “civil action”. It’s where someone is suing someone else, usually for money or property. Some lawsuits follow a separate process known as a “civil application” discussed at this link. The steps in a civil action are discussed below, with links to resources on each step.
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Civil proceedings in the Superior Court are generally governed by the Rules of Civil Procedure; however, some matters may be governed by other procedures under particular legislation. The Divisional Court , a branch of the Superior Court of Justice, is the principal forum for judicial review of government action and also hears statutory and some civil appeals from a broad range of ...
