CPD: Small Claims Court Costs Maximize Awards by Making Highly Persuasive Costs Submissions

Session 1:

Small Claims Court Costs Rules

Learn about, among other things:

• The double costs penalty for failing to accept an Offer-to-Settle that was more advantageous than the Trial award (Rule 14.07);
• The special circumstances exception on a Motion costs award (Rule 15.07);
• The general expectation of full indemnity for disbursements (Rule 19.01);
• The full indemnity for representation fees subject to the fifteen (15%) percent cap per section 29 of the Courts of Justice Act (Rule 19.02);
• The costs awards for unrepresented parties (Rule 19.05);
• The penalty for unreasonable behaviour within the proceeding (Rule 19.06); and
• The much more that professional litigators should know about costs rules within the Rules of the Small Claims Court.

Materials Included:

• A handout containing extensive reference materials including, where applicable, case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A ninety minute video of interactive anecdotal discussion sharing the practical experience insights from various participating legal representatives available for replay in perpetuity; and
• A Certificate of Participation that syndicates to your Profile page throughout the Success.Legal network.

Session 2:

Small Claims Court Costs Cases

Learn about, among other things:

• The costs limit where multiple matters are heard concurrently;
• The uncivil conduct of a self-represented party;
• The failure to communicate by the parties or representatives;
• The failure of an "open mind" at a Settlement Conference;
• The pre-trial disclosure of falsified evidence;
• The failure to admit allegations which should be admitted;
• The failure to admit resulting in a prolonging of trial;
• The excessive unproductive examination of a witness;
• The presenting of a case unsupportable in, "fact, law, and equity";
• The "proceeding to trial on claims without some merit";
• The unproven allegation of fraud;
• The false purporting of service;
• The failure to canvass availability; and
• The much more that professional litigators should know about costs cases relevant to matters within the Small Claims Court.

Materials Included:

• A handout containing extensive reference materials including, where applicable, case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A ninety minute video of interactive anecdotal discussion sharing the practical experience insights from various participating legal representatives available for replay in perpetuity; and
• A Certificate of Participation that syndicates to your Profile page throughout the Success.Legal network.

Session 3:

Costs Submissions Brief

Learn about, among other things:

• The three general heads of costs that should each be argued 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 award 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 when preparing and submitting a Costs Submissions Brief.

Materials Included:

• A sample Costs Submissions Brief document for convenient future use as guiding template for use when preparing future costs submission arguments;
• A handout containing extensive reference materials including, where applicable, case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A ninety minute video of interactive anecdotal discussion sharing the practical experience insights from various participating legal representatives available for replay in perpetuity; and
• A Certificate of Participation that syndicates to your Profile page throughout the Success.Legal network.