Boot Camp: Small Claims Court: Provides Twelve Weekly Sessions of Comprehensive Practitioner Education

Session 1:

Know Your Case

Learn about, among other things:

• The importance of identifying the legal cause of action or the legal defence theory;
• The applicable factual elements requiring proof;
• The burden of proof and the required evidence;
• The necessity of learning and keeping abreast of the substantive law;
• The best practices involving the providing of an initial opinion letter for client review;
• The much more that professional litigators should know when preparing to litigate.

Materials Included:

• A seventy-nine page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A sample initial opinion letter for use in providing advisement of strengths and weaknesses in the case of a client, among other things; and
• A nearly 2 1/2 hour video of informative anecdotal discussion.

Session 2:

Drafting a Pleading

Learn about, among other things:

• The general rules for drafting a pleading;
• The specific rules for drafting a Plaintiff's Claim in Small Claims Court;
• The monetary jurisdiction of the Small Claims Court for cases involving multiple Plaintiffs collectively claiming more than $35,000 in total;
• The specific rules for drafting a Defence in Small Claims Court;
• The reasons why Small Claims Court pleadings should be drafted as if the case might be transferred to the Superior Court; and
• The much more that professional litigators should know about drafting a pleading for Small Claims Court matters.

Materials Included:

• A 110 page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A sample Plaintiff's Claim pleading and a sample Defence pleading for convenient future reference when drafting Small Claims Court pleadings; and
• A nearly 2 1/2 hour video of informative anecdotal discussion.

Session 3:

Common Motion Hearings

Learn about, among other things:

• A motion to strike scandalous or other improper pleadings or improper Affidavit statements;
• A motion to dismiss for lack of a reasonable cause of action or lack of a reasonable defence;
• A motion seeking adequate particulars;
• A motion for setting aside default;
• A motion for production of evidence;
• A motion for leave of substitute service; and
• A motion to validate service contrary to the Rules.

Materials Included:

• A handout of eighty-four pages containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A few sample Notice of Motion and Supporting Affidavit documents for convenient future use when bringing a Motion within the Small Claims Court; and
• A more than two hour video of informative anecdotal discussion.

Session 4:

Drafting An Affidavit

Learn about, among other things:

• The general rules for drafting an Affidavit;
• The general rules for commissioning an Affidavit;
• The specific rules regarding avoidance of hearsay, stating only truthfully known facts, avoiding conclusion statements, requirement of relevance, and the risks of defamation including the often unknown limits and exceptions upon absolute privilege;
• The much more that professional litigators should know about drafting an Affidavit.

Materials Included:

• A fifty-seven page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A sample Affidavit document for convenient future reference when drafting an Affidavit for use in Small Claims Court matters; and
• A more than two hour video of informative anecdotal discussion.

Session 5:

Settlement Conference Attendance

Learn about, among other things:

• The assessment of strengths and weaknesses in your case;
• The identification of an acceptable range for compromise between BATNA to WATNA;
• The communication styles and techniques that encourage agreements;
• The importance of clarity, persuasiveness, and assertiveness when negotiating terms;
• The importance of actively listening to the concerns and objectives of the opposing party;
• The thinking outside the box with flexibility and creativity to find mutually beneficial solutions that can break deadlocks;
• The importance of avoiding outbursts by managing emotions;
• The ethical considerations involving honesty and transparency in negotiations while balancing the requirement to preserve confidentiality of client information;
• The much more that professional litigators should know about when preparing to attend, and attending, Settlement Conference.

Materials Included:

• A twenty-six page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A sample Agreed Statement of Facts document and a sample Will Say document for convenient future reference when preparing for Settlement Conference; and
• A nearly two hour video of informative anecdotal discussion.

Session 6:

Making Written Offers

Learn about, among other things:

• The evaluating of a reasonable position based upon the strengths and weaknesses of your case;
• The assessment of the available evidence, the available witnesses, and the likely success at Trial;
• The objectives of the client and how such objectives align with the realities of the case;
• The considerations for making global offers and specific offers in multi-party litigation;
• The structuring of a written offer; and
• The much more that professional litigators should know about when preparing and tabling an Offer-to-Settle.

Materials Included:

• A seventeen page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A sample Offer-to-Settle document prepared in a manner intended to trigger the costs consequences within Rule 14.07; and
• A nearly two hour video of informative anecdotal discussion.

Session 7:

Drafting a Release

Learn about, among other things:

• The general rules for drafting a release including the implied term of a release upon settlement;
• The purpose of a Mary Carter or Pierringer agreement for single-party settlement in multi-party litigation;
• The principle of finality including the Sinclair-Cockburn doctrine; and
• The much more that professional litigators should know about drafting a release.

Materials Included:

• A handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A sample Release document for convenient future reference when drafting a Release following acceptance of settlement terms; and
• A one-and-a-half hour video of interactive informative anecdotal discussion.

Session 8:

Costs Rules

Learn about, among other things:

• The three general heads of costs that should each be reviewed separately;
• The specific statutorily prescribed costs limit and the available exceptions;
• The application of costs limits and calculation of costs awards in multi-party cases;
• The conduct that may constitute unreasonable behaviour and trigger costs penalties;
• The application of costs awards against unrepresented parties;
• The information your client needs to know about costs awards so to make an informed decision about costs risks;
• The ethical rules necessitating client consent to disclose costs details within a Costs Submissions Brief; and
• The much more that professional litigators should know about costs rules.

Materials Included:

• A thirty-two page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material; and
• A sample Costs Submissions Brief document for convenient future reference when drafting submissions on costs.
• A more than two hour video of interactive informative anecdotal discussion.

Session 9:

Going to Trial

Learn about, among other things:

• The specific rules regarding final pleading amendments;
• The specific rules regarding evidence disclosure;
• The preparation of a Trial Evidence Brief document;
• The considerations for who to Summon as a witness and how to do so including the required payment of witness fees;
• The reverse onus in Rule 18.02;
• The preparing of witnesses for what to expect during testimony examinations;
• The consideration and preparation for use of an Agreed Statement of Facts;
• The preparing of your client for what to expect procedurally;
• The preparing of your client for what to expect as potential outcomes; and
• The much more that professional litigators should know when preparing for Trial.

Materials Included:

• A twenty page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A sample Summons document for use in preparing a Summons to Witness, among other things; and
• A more than two hour video of interactive informative anecdotal discussion.

Session 10:

Courtroom Advocacy

Learn about, among other things:

• The general rules regarding exclusion of witnesses who are yet to testify;
• The process of examining witnesses and general rules regarding questioning;
• The general rule exception for when leading the witness during direct examination is acceptable and appropriate;
• The preparation of well organized Witness Examination Worksheet documents to help ensure that important questions are asked and answered;
• The making of, and handling of, objections;
• The ethical rules and duties upon litigators including importance to avoid unwittingly testifying from the floor; and
• The much more that professional litigators should know when providing courtroom advocacy.

Materials Included:

• A twenty page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A sample Trial Evidence Brief document as well as a sample Witness Examination Worksheet document for convenient future use at Trial;
• A Quick Reference Guide for stating objections as well as for handling objections for convenient future use at Trial; and
• A more than two hour video of interactive informative anecdotal discussion.

Session 11:

Submission Arguments

Learn about, among other things:

• The importance of a clear and concise factual summary that reminds the judge of the evidence within testimony and documents;
• The acting as an assistant to the judge by providing thorough submissions containing the applicable law-on-point;
• The strategy for addressing opposing party arguments in a pre-emptive fashion or in a responsive fashion;
• The organization and structure for persuasive submissions whether such is written or verbal;
• The importance of emphasizing the requested remedy sought;
• The ethical requirement to refrain from misleading the court;; and.
• The much more that professional litigators should know about when preparing to attend, and attending, Settlement Conference.

Materials Included:

• A twenty-three page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A sample Submissions document for use as a helpful template when drafting a factum for submission of closing arguments, among other things; and
• A nearly two hour video of interactive informative anecdotal discussion.

Session 12:

Conclusion

Final discussion about, among other things:

• The resources available for further advancing knowledge and skills;
• The importance of constant learning and keeping abreast of changes;
• The any questions that you have regarding Small Claims Court proceedings;
• The value from the takeaways that you have received from this course; and
• The any input, suggestions, criticisms, and ideas, you can provide to help make this course even better in the future.