CHAPTER 2: Emond Montgomery Publications 1 Steps in the Litigation Process

The Civil Litigation Process: Small Claims Court Paralegals may only appear on civil trials before the Small Claims Court Disputes involving money or personal property up to $10,000 Plaintiff: a person who brings a civil action against another Defendant: a person against whom relief is sought in an action Emond Montgomery Publications 2

The Civil Litigation Process: Small Claims Court (cont’d) Action starts when the plaintiff files a plaintiff’s claim Plaintiff serves the defendant with the claim and supporting documents A defendant wishing to dispute the plaintiff’s claim must serve the plaintiff with a defence The plaintiff’s claim and the defence are called pleadings Emond Montgomery Publications 3

The Civil Litigation Process: Small Claims Court (cont’d) A settlement conference is held in every defended action in order to: Resolve or narrow the issues in the action Expedite the disposition of the action Encourage settlement of the action Assist the parties in effective preparation for trial Provide full disclosure between the parties of the relevant facts and evidence Emond Montgomery Publications 4

The Criminal Litigation Process: Provincial Offences Court Provincial offences: non-criminal offences arising under provincial statutes Parties: Her Majesty the Queen (the Crown) The defendant Process begins with the issuance of an offence notice or summons To dispute the charge, a defendant must schedule a trial May require filing a notice of intention to appear Defendant may request disclosure of evidence from the Crown prosecutor Emond Montgomery Publications 5

Administrative Tribunal Process: The Landlord and Tenant Board Administrative Tribunal: a quasi-judicial body created by statute to handle matters arising under specific statutes Landlord and Tenant Board: Created by the Residential Tenancies Act, 2006 Created to administer the statute and to deal with disputes between residential landlords and tenants Emond Montgomery Publications 6

Administrative Tribunal Process: The Landlord and Tenant Board (cont’d) Either the landlord or tenant may make an application to the Board Applicant: the party who files the application The other party is known as the respondent Board will issue a notice of hearing Must be served on the respondent together with the application Emond Montgomery Publications 7