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Difference between revisions of "Do You Have a Small Claim? (20:III)"
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Do You Have a Small Claim? (20:III) (view source)
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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. | 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 | If a claim is frivolous or vexatious, the claimant will lose and may be penalised up to 10% of the amount of the claim (''Small Claims Rule'' 20(5)). 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 == | == A. Types of Claims == | ||
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=== 3. Equity === | === 3. Equity === | ||
The usual remedy for torts and breaches of contract is monetary damages. In circumstances where monetary damages are inadequate or where a legal remedy is improper in the circumstances, the court may grant other relief such as an injunction. The Small Claims Court, pursuant to s 2 of the ''Small Claims Act'' [SCA] | The usual remedy for torts and breaches of contract is monetary damages. In circumstances where monetary damages are inadequate or where a legal remedy is improper in the circumstances, the court may grant other relief such as an injunction. The Small Claims Court, pursuant to s 2 of the ''Small Claims Act'' [SCA] (''Small Claims Act'', RSBC 1996, c 430 [SCA]), has a limited inherent jurisdiction to grant equitable remedies. A party seeking an equitable remedy such as an injunction should consult with a lawyer and will likely need to apply to the Supreme Court for relief. | ||
=== 4. Restitution === | === 4. Restitution === | ||
The law of | The law of restitution (See ''Garland v Consumers' Gas Co.'', 2004 SCC 25; ''Kerr v Baranow'', 2011 SCC 10; ''Skibinski v Community Living British Columbia'', 2012 BCCA 17) applies to circumstances where a party has benefited, the other party has suffered a loss as a result, and there is no legal basis for the party to have benefited. This claim is commonly referred to as “unjust enrichment” and is a complicated and evolving area of the law.A person planning to bring a claim for restitution should research what must be proved to be successful and which defences may be available to the defendant. Resources include CanLII.org, the courthouse library, and a practising lawyer. | ||
=== 5. Statute === | === 5. Statute === | ||
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== B. Types of Damages == | == B. Types of Damages == | ||
Although the Small Claims Court has the jurisdiction to award $25, | Although the Small Claims Court has the jurisdiction to award $25,000 (''BC Reg'' 179/2005), the awards in most cases are significantly less. There must be a principled basis for an award of damages and it is helpful to separate a claim into the following types of damages. Ensuring that there is a legal basis for a claim is a critical step as there are penalties for proceeding through a trial in Small Claims Court on a claim that has no reasonable basis for success (''Rule'' 20(5)). | ||
=== 1. General Damages === | === 1. General Damages === | ||