Sentences with phrase «monetary jurisdiction of the court»

Small Claims Court is a practical and economically viable option when lawyers will not take up case and when the claim is slightly higher than the monetary jurisdiction of the court.

Not exact matches

One of the more difficult fact patterns to predict the outcome of is when will a Plaintiff be granted costs when they sue in the BC Supreme Court but are awarded damages below $ 25,000 (the monetary jurisdiction of the Provincial Court in BC).

[19] Without endorsing all of the factors relied on by the trial judge as constituting «sufficient reason» in this case, I am satisfied that there may be circumstances which may constitute sufficient reason for bringing an action in the Supreme Court, thereby triggering its costs provisions, despite the fact that it is apparent from the outset that the award will fall within the monetary jurisdiction of the Provincial Court.

This issue is important because generally a Plaintiff who succeeds in a Supreme Court lawsuit but is awarded below $ 25,000 (the current monetary jurisdiction of the BC Provincial Court) will be deprived of costs unless they have «sufficient reason «for suing in the Supreme Court.

The Supreme Court of BC has an unlimited monetary jurisdiction whereas BC small claims court currently has a jurisdiction of $ 25,000 or Court of BC has an unlimited monetary jurisdiction whereas BC small claims court currently has a jurisdiction of $ 25,000 or court currently has a jurisdiction of $ 25,000 or less.

The monetary jurisdiction of the tribunal is limited to that of small claims court, and with the increase in the ceiling of that venue in recent years it has allowed larger claims to proceed before the tribunal.

A person who has a claim in excess of the Court's monetary jurisdiction, not including interest and expenses, will continue to have the option of abandoning part of the claim so that the balance can be heard by the Court.

At the same time, the monetary jurisdiction of the Small Claims Court will be increasing to $ 35,000.

Sometimes, when a case is within the monetary jurisdiction of a small claims court, a litigant may still not be permitted to issue a claim there.

In addition to the online system, the Ministry says the monetary jurisdiction of the provincial court's small claims division will increase from $ 25,000 to $ 35,000.

An order that the landlord pay to the Board an administrative fine not exceeding the greater of $ 10,000 and the monetary jurisdiction of the Small Claims Court.

The decision provides a nice overview on the law of costs in the province of Ontario, including the principles which inform the court's decision making, how offers to settle factor into the analysis, and how brining a lawsuit in the wrong monetary jurisdiction can have significant consequences.

There are provisions in the Rules of Civil Procedure which provide that if a plaintiff brings a lawsuit in Superior Court and recovers an amount that is within the monetary jurisdiction of the Small Claims Court ($ 25,000), it is open to the court to order that the plaintiff shall not recover any of its legal costs of the lawCourt and recovers an amount that is within the monetary jurisdiction of the Small Claims Court ($ 25,000), it is open to the court to order that the plaintiff shall not recover any of its legal costs of the lawCourt ($ 25,000), it is open to the court to order that the plaintiff shall not recover any of its legal costs of the lawcourt to order that the plaintiff shall not recover any of its legal costs of the lawsuit.

On the contrary, for example, one court in a State ERA jurisdiction held that courts need to consider the importance of the emotional contribution to a child's welfare provided by a nonworking custodial parent and not merely the potential monetary contribution that parent might provide if employed.

(21) «Support order» means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction or administrative agency for the support and maintenance of a child which provides for monetary support, health care, arrearages, or past support.

When the child support obligation is being enforced by the Department of Revenue, the term «support order» also means a judgment, decree, or order, whether temporary or final, issued by a court of competent jurisdiction for the support and maintenance of a child and the spouse or former spouse of the obligor with whom the child is living which provides for monetary support, health care, arrearages, or past support.

The Council does not have the jurisdiction to adjudicate monetary or contract matters or assess or award damages, all of which come under the jurisdiction of the civil courts.