Chapter 9: Assessment Hearings, Trials, and Motions After Trial

Assessment Hearings are available for an - claim where - defendants have been noted in -

unliquidated

ALL

default

Who may request the clerk to fix a date for trial

any party

Where do appeals from Small Claims Court go and they must be for amounts of

Divisional Court

$3500 or more

Assessment hearings are for a - claim for unliquidated damages

Plaintiff’s

What form is used to request an assessment hearing

Form 9B Request to Clerk

A request for assessment hearing must include what documents

assessment of damages

supporting affidavit

An assessment hearing is requested by which party

Plaintiff

T/F: a defendant is present at an assessment hearing

false

At an assessment hearing a defendant is, by default, deemed to

admit liability

The only issue at an assessment hearing is

how much the defendant owes the plaintiff

What DOES NOT have to be proven at an assessment hearing

liability of the defendant

What DOES have to be proven at an assessment hearing

amount owed

If nothing is done within - years to move the matter forward once the claim issued, it will be

dismissed

A trial date must be scheduled within - days after the settlement conference

30 days

What happens once a matter has been adjourned 2 or more times

further adjournments will only be allowed on motion

Things to consider when adjournment consent is being requested

reasonable notice

first request

good reason

prejudice

other relevant issues

T/F: you are allowed to present the plaintiff’s case by affidavit

true

Disclosure must be provided - days before trial and - days before settlement conference

30 days

40 days

Material evidence means it has a - connection to an issue

logical

Expert witness

has knowledge about an issue due to education/professional background

On direct examination you can only ask - questions

open-ended/direct

On cross-examination you may ask - questions

leading

Exhibit

document that is material to an issue in the action

In order to use a document at trial it must have been….

disclosed to all other parties

Once at trial, if you want to use a document during examination it must be

introduced as an exhibit

When introducing an exhibit at trial, first you

show the document to the other parties and ask them to confirm it has been disclosed

Introducing an exhibit at trial: After confirming with other parties that the document has been disclosed, next step is to

place the document before the witness and ask them to identify it

Introducing an exhibit at trial: Once you have finished questioning the witness about the document, you should then

hand it to the clerk and request that the document be marked as an exhibit in the proceeding

Does a trial book have to be disclosed

no it does not

Docket

list of matters to be heard on a particular day in a particular courtrpoom

General rule for costs

awarded to successful. party to reimburse them for cost incurred to conduct the action

Costs awarded are intended to be a reimbursement of - fees and - that were incurred

representation fees and disbursements

Representation fee

costs for legal services

Amount of costs under Courts of Justice Act

award of costs, other than disbursements, shall not exceed 15% of the amount claimed A

A self represented party will not get what costs

representation fee

A self represented party may only be awarded - as a cost award

payment of reasonable disbursements only

A small Claims court appeal is an - and thus does not require -

appeal as of right

leave of the court