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Areas of Focus: Types of Cases Handled
Question: What types of cases can be litigated in Small Claims Court?
Answer: Small Claims Court handles a variety of disputes, including business debts, contract issues, realty problems, construction disputes, and claims involving tortious conduct, making it an accessible option for resolving your legal matters efficiently.
Understanding the Types of Cases that May Be Litigated in Small Claims Court
The law is much too large for any person to ever know in full. Indeed, even highly experienced judges with decades of experience will be without full knowledge of the law and are therefore, usually, assigned to handle a narrow focus of cases that are within areas of law that are familiar to the judge. Even so, judges will routinely expect representatives for the parties to perform precedent research and then provide submissions and present argument based upon the findings of that research.
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“... I include myself among those who had never heard of the tort of barratry ...”
~ C.A. Osborne A.C.J.O.
McIntyre Estate v. Ontario, 2001 CanLII 7972 (ON CA)
Accordingly, it is common that particular judges will hear civil law cases, other judges hear family law cases, and other judges hear criminal cases, etc. Similarly, legal practitioners will focus upon specific areas of law for the types of Small Claims Court cases that are handled. While all cases will involve unique facts, after hundreds of years of development of the law and justice system, few cases are truly novel and various fundamental basics of the law will likely exist and apply to a specific situation.
