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Areas of Focus: Types of Cases Handled
Question: What types of cases can I bring to Small Claims Court?
Answer: You can litigate various matters in Small Claims Court, including breached contracts, enforcement of unpaid loans, construction disputes, consumer protection issues, insurance coverage denials, realty disputes, and tortious conduct, all of which are designed to offer a straightforward and accessible legal process for resolving smaller claims.
Understanding the Types of Cases that May Be Litigated in Small Claims Court
The various types of law are extensive and certainly too much for anybody to ever fully know. Even judges with decades of experience will lack full knowledge of all types of law; and accordingly, judges are usually assigned to specific types of cases where the type of law involved is familiar. Additionally, judges often expect and require legal representatives to research precedent cases and submit summarized, and cited, viewpoints as arguments for a position in the case as per that research.
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“... I include myself among those who had never heard of the tort of barratry ...”
~ C.A. Osborne A.C.J.O.
McIntyre Estate v. Ontario, 2001 CanLII 7972 (ON CA)
Accordingly, there will be certain judges who will hear civil law cases and there will be other judges who hear family law cases and then other judges who hear criminal cases, etc. In a similar fashion, lawyers and paralegals will develop specific areas of law as the types of Small Claims Court cases that are focused upon. Of course, it is true that every case has a unique factual situation; however, the law and justice system, developed over hundreds of years and there will now be few cases where the legal issues are a first; and accordingly, relevant law containing the fundamentals and principles for most circumstances will exist.
