Judges, particularly
small claims court judges, are legally required to do this.
The decision has been criticized by Dennis Buchanan as being unrealistic for
Small Claims court judges who live and work in the legal community:
As is common in Canada,
Small Claims court judges are often practicing lawyers and the position is part - time.
The Small Claims Court Judges accepted the employer's argument that the case must therefore be dismissed.
In 1990, Attorney General Ian Scott called the full - time
Small Claims Court judges to a meeting to describe the upcoming transfer to the Ontario Court (General Division).
A group of
Small Claims Court Judges being sworn into Provincial Court in 1983.
Thomson recalls a hard - fought battle for full - time
Small Claims Court judges to achieve parity with the Criminal and Family Division judges.
The Ontario government stopped appointing full - time
Small Claims Court judges in 1987.
Cases could be heard by County Court or deputy judges and, for the first time, by provincially appointed full - time
Small Claims Court judges.
She felt that the criminal bench, in particular, did not feel that
Small Claims Court judges were entitled to be treated as «real judges.»
A Deputy
Small Claims Court Judge who made the decision to allow a trial to continue on its second day notwithstanding that one of the parties failed to show up has been overturned by the Divisional Court.
In 1981, Pamela Thomson was appointed as a full - time
Small Claims Court judge, assigned to the new Provincial Court (Civil Division).
She also served as treasurer of the Law Society of Upper Canada; as well as hearing commissioner, part time, for the Rent Review Commissioner of Ontario and
a smalls claims court judge since 2009.
He serves on the Utah Supreme Court Advisory Committee on Rules of Evidence, and as
a Small Claims Court judge pro tem.
However, on appeal, the Superior Court determined that
the Small Claims Court Judge did not properly describe which acts or omissions of the manager actually amounted to insubordination, recklessness and / or gross negligence.
For this reason the Superior Court set aside the Small Claims Court judgment and directed the parties to have a new trial before a different
Small Claims Court judge.
In his decision,
the Small Claims Court Judge described a number of acts or omissions that could amount to insubordination, recklessness and / or gross negligence: issuing incorrect status certificates, delays in preparing banking documents for signature, late payments, failure to provide reports to the Board.
This happened in Garcia v. 1162540 Ontario Inc. (c.o.b. as Venice Fitness) 1 when the Divisional Court set aside damages awarded by
a small claims court judge because the plaintiff had not led evidence of a loss of income.
The deputy judge did not identify himself as
a Small Claims court judge.
The recent decision of the Divisional Court in Ontario about community involvement of
a Small Claims court judge takes a different approach to community involvement.
Although deputy judges of the Small Claims court are not subject to the Canadian Judicial Council's Code of Ethics, the judge held that
small claim court judges are «subject to the same ethical standards as other judges of Ontario», and relied on the following Code of Ethics provision:
It concludes that these promising practices for tribunal members and
small claim court judges should take into consideration the fact that these appointments are often time - limited and the member may eventually return to the legal profession where a social media presence may be more appropriate.
A recent lower court decision in Ontario (Robinson v Lepage, 2015 ONSC 3128) found that a paralegal firm's online donation to a part - time
Small Claims court judge for a charity bike race raised a reasonable apprehension of bias.
It appears from a careful reading of the decision that
the Small Claims court judge did not directly solicit the paralegal firm.
On the issue of disclosure and latent defects, an Ontario
Small Claims Court judge recently awarded a ruling in favour of a buyer who alleged that the seller had not disclosed a defect that had repeatedly occurred over many years prior to the seller selling the property.
The small claims court judge heard the story from both sides, read the contract, interpreted the law, determined that the seller «frustrated» the contract; would not communicate with the Realtor and therefore ruled in favour of the Realtor.
Emily Doskow, a part time
small claims court judge and a legal editor at Nolo (www.nolo.com), which just released its 11th edition of Everybody's Guide to Small Claims Court by Ralph Warner, shares these tips for making your day in court a happy one.
Not exact matches
By a majority of five to two,
judges of the European
Court of Human Rights supported the
claim of Nadia Eweida, a BA check - in clerk who was sent home in November 2006 for refusing to remove a
small silver crucifix, that this was a violation of her rights.
The sugar daddy actually filed the case in
small claims court, but was then approached by the producers who originally wanted to have it on
Judge Judy.
It would probably be
small claims court, you'd show up in
court and say to the
judge, hey
judge the last activity date on this debt was more than two years ago, therefore according to the Ontario Limitations Act, they should not be able to sue me.
Its interesting that the Divisional
Court reviewed whether the small claims court deputy judge could use the inherent jurisdiction of the court to extend the two week time limit for withdrawing a ESA, 2000 complaint because the deputy judge hearing my case was convinced that he did not have the inherent jurisdiction to d
Court reviewed whether the
small claims court deputy judge could use the inherent jurisdiction of the court to extend the two week time limit for withdrawing a ESA, 2000 complaint because the deputy judge hearing my case was convinced that he did not have the inherent jurisdiction to d
court deputy
judge could use the inherent jurisdiction of the
court to extend the two week time limit for withdrawing a ESA, 2000 complaint because the deputy judge hearing my case was convinced that he did not have the inherent jurisdiction to d
court to extend the two week time limit for withdrawing a ESA, 2000 complaint because the deputy
judge hearing my case was convinced that he did not have the inherent jurisdiction to do so.
Actually, if we're going to be technical: it's entirely worthless as precedent since there's no person lower on the Ontario judicial pecking order (unless things have changed in Ontario since the end of 2012) than a deputy
judge of the
small claims court.
He has also acted as standing agent for the Attorney General of Canada in of Temiskaming and served as a Deputy
Judge of the
Small Claims Court from 1997 until he left private practice.
Thus, in Gradek the
Court accepted the trial
judge's finding that Mr. Gradek, due to language difficulties, required the assistance of counsel and it would be unjust to require him to bring his
claim in the
Small Claims Court where he would be denied costs that would partially offset the expense of retaining counsel (para. 18).
From
small claims court to death penalty appeals, our lawyers have handled a wide variety of pro bono matters and are often called upon by local
judges to take over pro bono matters on the eve of trial.
Tucked away in the middle of the Rules of the
Small Claims Court is a relatively unknown and underused provision which allows a settlement conference judge to dispose of small value claims at the conclusion of the settlement confer
Small Claims Court is a relatively unknown and underused provision which allows a settlement conference judge to dispose of small value claims at the conclusion of the settlement confe
Claims Court is a relatively unknown and underused provision which allows a settlement conference
judge to dispose of
small value claims at the conclusion of the settlement confer
small value
claims at the conclusion of the settlement confe
claims at the conclusion of the settlement conference.
In one situation, she had the opportunity to go to
Small Claims Court and presented the case to the
judge because her colleague was giving evidence.
He has also been a deputy
judge of the
Small Claims Court for the Central East Region since 1997.
Deputy
Judge Bansie of the Ottawa
small claims court preferred the evidence of the defence expert to that of the plaintiff's expert.
Marvin Zuker is the only provincially appointed Ontario
judge who has sat full - time as a
small claims, family, and criminal
court judge.
Although Superior
Court judges may sit in the
Small Claims Court, the vast majority of cases are, in fact, heard by lawyers who serve as part - time deputy
judges.
He became Chief
Judge when that position was created following the amalgamation of the Civil Division and
Small Claims Courts in 1985.
So
Judge Rogers» proposal would effectively create a new, albeit simplified tier for cases likely to involve self - represented litigants — essentially a
small claims court for larger
claims.
During the pilot phase, full - time
judges appointed under the
Small Claims Court Act were assigned to the Civil Division.
In Waterloo (City) v. Townsend (Ontario
Small Claims Court April 26/11), the Deputy
Judge, J.Sebastian Winny (i.e. practitioner acting as judge), refused an application to serve documents on a defendant by e
Judge, J.Sebastian Winny (i.e. practitioner acting as
judge), refused an application to serve documents on a defendant by e
judge), refused an application to serve documents on a defendant by email.
I recently lost in ontario
small claims court and the
judge final judgement stated that l had 2 witnesses on my witness list.
As mentioned above, the case concerned an appeal by the employer, Select Wine Merchants, from the decision of
Small Claims Court Deputy
Judge Richardson, who awarded the respondent employee four months» pay in lieu of notice.
In a
small claims court, you can represent yourself (you don't need to hire an attorney) and cases are heard by a local
judge, magistrate, or special appointee.
Even more annoying is there was no reasoning for the ruling as the
judge is not required in our
small claims courts to give the reason, which I would like to know so we can learn from this to protect our business in the future.
The
Court of Appeal has come down hard on a
judge who allowed a
small claim to be transferred to the multi-track on the basis of a spurious counterclaim.