The "SIMPLIFIED" RULES
New rules respecting claims under $25,000 came into effect April 11, 1996. While it is too early to say what effect these rules will have in practice, several concerns are readily apparent.
The most important change is the elimination of pre-trial discovery. In place of discovery will be affidavits by the parties describing their cases and including a list of witnesses. If the case is not settled at a settlement conference a motion for judgment may be had or a summary trial ordered.
This is contrasted with the ordinary procedure in General Division where both parties were usually examined under oath well before the trial on all aspects of the case. Some cases bogged down at this point in interminable requests for minute disclosure of boxes of documents not to mention numerous interlocutory motions. Small Claims Court actions almost always ended up in what was supposed to be a full trial. On a motion for judgment under the Simplified Rules, no cross-examination on the affidavit material of the parties will be permitted.
As always there is a tension between having all the facts and spending more on properly deciding a case than the case itself is worth. But several pitfalls are obvious.
There will be an obvious tendency for lawyers to claim more for their clients on paper than most Judges would give them after hearing them testify on the witness stand, even without cross-examination. This will likely lead to a reversal of the onus and force the responding party to disprove the case against him. The crucial evidence in deciding the case may be the very evidence excluded in the Order for a mini-trial. These dangers are increased by the pressures on everyone in the courtroom to push as many cases through as quickly as possible.
If you proceed under ordinary procedure but recover less than $25,000, you will probably not be able to recover any of your legal expenses from the defendant. For this reason, many plaintiffs will choose the Simplified Rules even where their claims exceed $25,000. The defendant may object and demand ordinary procedure but if the defendant does not object, the Simplified Rules will apply.
How does this affect you? On the plus side you have a relatively quick and easy procedure at your disposal to collect moneys which you are clearly entitled to. On the down side, you will have to pay closer attention and defend yourself from more meritless claims.