The Simplified Procedure serves as an alternate option to the small claims court in some instances. Its purpose is to handle cases which have been estimated to bear value between $25,000 to $100,000 in regard to matters surrounding civil litigation. This estimated value excludes costs and interests.
How does the Simplified Procedure differ from the small claims court?
For one, the Simplified Procedure is cheaper and faster since it functions without the drafting of written discoveries and the examination of both parties’ witnesses. The cases that can be handled by the Simplified Procedure are claims for property, money, and land, as well as any combination of the three.
In order to make the best decision for your case, it is best to consult with a personal injury lawyer in Sarnia. If the law is not followed in such matters, you could be fined with a financial penalty. Because of this, it should be noted that family law actions, small claims court actions, and class proceedings never fall into the boundaries of Simplified Procedure, since each of these cases requires for the involved parties to take part in a mediation session. It is best to talk with your lawyer before file a case so that they can evaluate the merits of the case and help you know more.
How do I initiate my claim under this procedure?
It all begins by you filling out the statement of claim in which you state that your case will be taken to be tried under the Simplified Procedure, and not be heading to the small claims court. You will then need to gather all necessary documentation of your case so you can have everything on hand when you make your initial appearance in court.
Along the way, there are a few court fees that will need to be covered, such as the filing fee, so be aware of that before you initiate the process. Furthermore, you will also need to ensure that additional copies of your statement of claim form are made, since these will need to be presented to all other involved parties.
Should your case be determined to be a little higher in value than the limitations of the Simplified Procedure have dictated, then you will be presented with the option of forgoing the awarded excess so the matter can still be settled under this procedure. In a lot of cases, that will still leave you with a higher settlement than if you had decided to take the matter to the Superior Court of justice after all, due to the additional costs of that procedure.