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14 Cards in this Set

  • Front
  • Back

9 Supreme Court Steps

1. File Notice of Civil Claim and pay fee Form 1


2. Serve notice to defendant with 1 year


3. Defendant files Response to Civil Claim form 2


4. Counterclaim form 3


5. Submission of relevant documentation


6. Examination of Discovery


7. Trial


8. Judgment


9. Collection of Judgment

Describe Filing a Notice of Civil Claim

- paragraph by paragraph


- fee of $275


- can be filed in any registry


- once claim is made, one year to serve defendant


Describe serving defendant

- One year limit to serve


- Personal service must be through third party


- Usually by a process server


- Alternative is to apply for substitutional service to get a court order

Describe response of defendant

- Once served, defendant must respond in 21 days (Canada) with Response of Civil Claim



- Defendant my create a counterclaim and plaintiff would then need to respond to counterclaim in 21 days (Canada) as well

Describe what happens after filings and responses before trial

- both parties must prepare and submit list of all relevant documentation within 35 days



- Examination for Discovery


What is Examination for Discovery

- purpose to narrow the issue and possibly find a settlement



- questions are asked and answered under oath and transcripts are made that may be referred to in trial

Describe the Trial stage

Plaintiff presents case and witnesses


- Examination in chief


- Cross Examination


- Redirect


Plaintiff can never include leading questions



Defendant presents case and witnesses


Describe the Judgment

Includes award, interest, and court costs (60% paid by loser)



Summary judgment is another offer that must take place after pleadings (forms)

5 ways to collect judgment

1. Garnishment of Debt


2. Garnishment of Wages


3. Writ or Seizure and Sale


4. Register of Land Title Office


5. Subpoena to Debtor

Describe Garnishment of Debt

- before or after judgment


- Due and owing only

Describe Garnishment of Wages

- After judgment


- 33% of net wages


- One-off

Describe Writ or Seizure and Sale

- Court certified bailiff


- Exemptions include personal effects, one vehicle, work tools, pensions, and RRSPs

Describe Register of Land Title Office

- Force sale of home


- Must not include titles that are not sued

Describe Subpoena to Debtor

- Court can ask questions


- Once a year


- Ask court for payment order