CPD: Special Small Claims Court Package Includes Various Drafting Concerns, Common Motion Hearings, and Damages & Remedies

Session 1:

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 specific rules for drafting a Defence in Small Claims Court;
• The specific rules for amending a pleading within a Small Claims Court matter;
• The general rules for amending a previously admitted fact within a Defence pleading;
• The reasons why Small Claims Court pleadings should be drafted as if the pleading is for the Superior Court; and
• The much more that professional litigators should know about drafting a pleading.

Materials Included:

• A seventy-four 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 document for convenient future use when preparing a pleading intended to commence litigation;
• A sample Defence pleading document for convenient future use when preparing a pleading intended defend against litigation;
• A sample Demand for Particulars document for convenient future use when requiring additional fact details within the course of Small Claims Court litigation;
• A three-hour 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:

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 for drafting an Affidavit including avoiding hearsay, stating only truthfully known facts, avoiding conclusion statements, requirement of relevance and the risks of defamation including limits upon privilege;
• The much more that professional litigators should know about drafting an Affidavit.

Materials Included:

• A seventy-three page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A nearly three-hour 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:

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 thirty-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 Mutual Release document for convenient future use when resolving litigative proceedings via a settlement agreement;
• A nearly three-hour 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 4:

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 containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material; and
• A few sample Notice of Motion and Supporting Affidavit documents for convenient future use when bringing a Motion within the Small Claims Court.
• A more than three-hour 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 5:

Damages & Remedies

Learn about, among other things:

• The limited jurisdiction to provide equitable relief within the Small Claims Court;
• The requirement for using best guess assessment when evidence of actual damages is unavailable;
• The principles applicable to the disgorgement remedy including the fallacy of 'waiver of tort';
• The principles applicable to general damage awards for emotional injuries;
• The principles applicable to punitive damage awards for malicious conduct;
• The limited jurisdiction to provide forms of equitable relief;
• The limited availability of Charter of Rights remedies; and
• The limited availability of Human Rights Code remedies.

Materials Included:

• A 76 page handout containing extensive case law, fully cited, and linked to CanLII for convenient future use as quick reference secondary source material;
• A nearly four-hour video containing interactive discussion with live event participants and extensive anecdotal explanations of relevant principles; and
• A Certificate of Participation document that licensed legal practitioners can use to confirm completion of up to three substantive hours towards annual continuing professional development requirements.