My name is Heather Hui-Litwin. I am a non-practising lawyer in Ontario. Before I became a lawyer, I was a litigant myself. The experience has motivated me to work in the area of access to justice and public legal education. My team and publish at least one video every week! We are honoured to be named as one of the recipients of the Clawbies 2020 award for Best Innovative Project. **For a full directory of videos, download it here from our Shop (free): litigation-help.com/shop/** 📕📖
EMAIL: hh@litigation-help.com **WARNING** Please do not rely on our videos as substitutes for seeking advice from legal professionals. Information provided through our videos may not be current or accurate for all jurisdictions.
The fact the small claims court doesnt directly spearhead enforcement is the biggest proof that the justice system is two tiered, and not for the people.
Our videos are based on the Rules of Civil Procedure in Ontario Canada. The rules can be accessed here on CanLII. canlii.ca/t/t8m The rule on the binding of documents (currently Rule 4.07, but the numbering of the rule can change with time) talks about the colour of the front and back pages of court documents.
Mardam you don't need to present yourself visually . I know what has happened already . And all those that causes that will one day paid for its if God willing . So relax and protect your image. God is in control.
This video would have been so much better and easier to listen to if Heather Douglas had a proper mic rather than relying on a cheap laptop mic that gives a tinny, echoing sound that makes her sound like she in at the bottom of a well.
Hello Everyone! This video only applies to Ontario Canada. You should do a Google search to locate the information on case conferences specific to your province.
As our practice is not in BC we cannot answer this question. You might try this link: wiki.clicklaw.bc.ca/index.php/Case_Conferences_in_a_Family_Law_Matter
Our videos are specific to Ontario Canada. For BC family law, I found this link which might be helpful: wiki.clicklaw.bc.ca/index.php/Case_Conferences_in_a_Family_Law_Matter
I have requested for Default Judgement online since the defendant didn’t serve there defence in 20 days. While filing for 11B online, no where it mentioned that I need to upload the form in PDF form. I have paid the fee and current status is submitted. What should I do? Can I email them my form ?
I was under the impression that all documents need to be served at least 14 days prior to the settlement conference, as stated on the small claims court website, not 4...?
This video is in the family law context. Be sure to consult with the correct set of rules! Eg. Small Claims court matters rely on Small Claims court rules, family law matters use Family Law Rules etc. Also be sure to get the right rules for the right province's rules.
To all the self represented litigants watching this, your chances of success in small claims court often rest with how ethical your Deputy Judge is in doing his or her job fairly, without bias towards you as a self rep. There are some Deputy Judges who loathe self represented litigants, who write articles on lawyer websites about self represented litigants clogging up valuable court resources with their abundant filinings and make little effort to hide their contempt for self represented litigants. You have no chance with these Deputy Judges no matter how well you argue your case. These Deputy Judges will order undocumented hearings in order to act inappropriately and try to dissuade you from further defending your case. And appeals and Judicial reviews are very expensive. Be aware that no matter how well you think you might be able to represent yourself, there will be those unethical, power hungry individuals sitting on the bench who will decide before ever hearing your case that you will lose because you are self represented.
May I give you my own personal experience? I took a Deputy Judge's decision to Divisional Court, it was set aside, and he was ordered to reconsider, hecame back with the SAME decision and flatly disobeyed stare decisis of a previous Divisional Court ruling that flatly stated a Deputy Judge could not order costs for a settlement conference they did not preside over. My only recourse was to take that decision to Divisional Court twice for the same insufficient ruling. That Deputy Judge was on the bench for over a decade and recently retired. The number one reason so few small claims court judgements are appealed is the cost to take it to Divisional Court. And Deputy Judges know that litigants are unlikely to appeal a decision due to the cost of an appeal.
DJ Crieger sounds like an upstanding Deputy Judge, but I can tell you from personal experience, some of these Deputy Judges absolutely loathe self represented litigants and will go outside the law to order high cost awards against them and try to prevent them from defending a case if they are a self represented litigant. I had a Deputy Judge order my motion to take place over opposing Counsel's cell phone instead of the Court teleconference line. He also ordered me to pay $1500 for leave to bring a defendants claim in which he ordered me to pay costs for a settlement conference that he did not preside over, he then told me I would lose my case ( I won by the way). This Deputy Judge was already set aside by Divisional Court before in which the Divisional Court stated that a Deputy Judge could not order costs for settlement conferences that they did not preside over - but the same Deputy Judge did it to me anyway just 4 years later. If you are self represented, be aware there are Deputy Judges who will disobey stare decisis and improperly order high costs awards against you in order to dusuade you from defending yourself.
Here is some information: www.separation.ca/help-center/division-of-property/the-matrimonial-home/#:~:text=A%20court%20order%20or%20separation,a%20temporary%20or%20final%20order.
I found this webpage from Osgoode Hall Law School which has some information for you osgoodepd.ca/internationally-trained-lawyers/practice-law-in-canada/
