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Created page with "{{LSLAP Manual TOC|expanded = smallclaims}} In order to have a legal claim, it must be recognised by the law. A frivolous claim is one that does not disclose a legal cause..."
{{LSLAP Manual TOC|expanded = smallclaims}}
In order to have a legal claim, it must be recognised by the law. A frivolous claim is one that does not disclose a legal cause of action, is incapable of proof, or is otherwise bound to fail. A vexatious claim is one that is brought in order to annoy, frustrate, or antagonise the defendant. A claim may be both frivolous and vexatious.
If a claim is frivolous or vexatious, the claimant will lose and may be penalised up to 10% of the amount of the claim1. The penalty could be up to $5,000 on a $25,000 claim; it pays to research your cause of action and limit your claim to the proper amount.
== A. Types of Claims ==
It is helpful to research each of the following types of claims to ensure that a claim falls within at least one of them. See Appendix G for a partial list of specific causes of action. If you are unable to fit your claim into one of the listed categories, you should consult a lawyer to see if you have a cause of action.1.Tort Torts are offences committed by one person against another. Examples include assault, battery, and negligence. Each tort has its own test and defences. Tort law continues to evolve and a person planning to bring a claim in tort should research what must be proven to be successful and which defences may be available to the defendant. Resources include CanLII.org, the courthouse library, and a practising lawyer. 2.Contract Contract law governs voluntary relationships between parties. It is a complicated and nuanced area of the law and a person planning to bring a claim in contract should research what must be proven to be successful and which defences may be available to the defendant. Resources include CanLII.org, the courthouse library, and a practising lawyer. NOTE: Courts will generally not enforce illegal contracts or dishonest transactions (see Faraguna v Storoz, [1993] BCJ No. 2114). However, Transport North American Express Inc. v New Solutions Financial Corp., 2004 SCC 7 states that a court may enforce legal portions of a contract, thus effectively severing the illegal portion. A common example involves contracts purporting to charge interest rates prohibited under s 347 of the Criminal Code. The court will not enforce a term in a contract purporting to charge such a rate. (However, section 347.1 exempts payday loans from criminal sanctions, if certain conditions are met; see Section V.G:
In order to have a legal claim, it must be recognised by the law. A frivolous claim is one that does not disclose a legal cause of action, is incapable of proof, or is otherwise bound to fail. A vexatious claim is one that is brought in order to annoy, frustrate, or antagonise the defendant. A claim may be both frivolous and vexatious.
If a claim is frivolous or vexatious, the claimant will lose and may be penalised up to 10% of the amount of the claim1. The penalty could be up to $5,000 on a $25,000 claim; it pays to research your cause of action and limit your claim to the proper amount.
== A. Types of Claims ==
It is helpful to research each of the following types of claims to ensure that a claim falls within at least one of them. See Appendix G for a partial list of specific causes of action. If you are unable to fit your claim into one of the listed categories, you should consult a lawyer to see if you have a cause of action.1.Tort Torts are offences committed by one person against another. Examples include assault, battery, and negligence. Each tort has its own test and defences. Tort law continues to evolve and a person planning to bring a claim in tort should research what must be proven to be successful and which defences may be available to the defendant. Resources include CanLII.org, the courthouse library, and a practising lawyer. 2.Contract Contract law governs voluntary relationships between parties. It is a complicated and nuanced area of the law and a person planning to bring a claim in contract should research what must be proven to be successful and which defences may be available to the defendant. Resources include CanLII.org, the courthouse library, and a practising lawyer. NOTE: Courts will generally not enforce illegal contracts or dishonest transactions (see Faraguna v Storoz, [1993] BCJ No. 2114). However, Transport North American Express Inc. v New Solutions Financial Corp., 2004 SCC 7 states that a court may enforce legal portions of a contract, thus effectively severing the illegal portion. A common example involves contracts purporting to charge interest rates prohibited under s 347 of the Criminal Code. The court will not enforce a term in a contract purporting to charge such a rate. (However, section 347.1 exempts payday loans from criminal sanctions, if certain conditions are met; see Section V.G: