Glossary of Ontario Small Claim Court Terms

 

Small Claims Court Terminology

 

 

 

 

 

 

Adjourn– To suspend a court proceeding or hearing until a later set date.

 

Adjourn sine die – to adjourn without scheduling a future date

 

Affidavit – A signed statement sworn or affirmed before a court officer such as a lawyer or commissioner

 

Amend – to revise a document

 

Claim – An assertion of a legal right, in small claims court is known as the Plaintiff’s Claim

 

Clerk – court staff

 

Consent – to agree

 

Default Judgment – Clerk-Granted Judgment obtained after a Defendant fails to defend against a lawsuit.

 

Defence to Plaintiff's Claim - The Defendant files the Defence with the court in response to the Plaintiff's Claim. Sets out why the Defendant feels he/she/it does not owe what the Plaintiff seeks in the Plaintiff's Claim.

 

Defendant – A person or company sued in court

 

Deliver – to serve a party or person with a court document then file it with the court

 

Deputy Judge – Judge of the small claims court

 

Endorsement – The court’s recording of an Order or Judgment

 

Enforcement – Legal methods used to satisfy monies or property owing under a Judgment

 

Examination in aid of Execution – When A Judgment Creditor asks questions of a Judgment Debtor under oath in court for the purposes of enforcing on an unpaid Judgment

 

File (verb) – to submit a form or document to the court

 

Garnishee – The employer or other asset holder against whom the process of garnishment is issued

 

Garnishment - A notice to an employer or other asset holder requiring that monies, wages or property due a Judgment Debtor be withheld and given to a Judgment Creditor

 

Judgment – A decision rendered by the deputy judge, usually after trial or an assessment hearing

 

Judgment Creditor – The person or company o whom money is owed under a court order or judgment

 

Judgment Debtor – The person or company who owes money under a court Order or Judgment

 

Jurisdiction – the legal right by which a judge or court exercises authority

 

Litigant– a person involved in a lawsuit

 

Motion – procedural device to bring a contested matter, other than the trial itself, to be decided upon by the Deputy Judge

 

Opposing Party – the party opposing your claim or defence

 

Opposing counsel – the lawyer representing the opposing party

 

Paralegal – A legally trained professional, often specializing in small claims matters. Must now be licensed by the Law Society of Upper Canada.

 

Party – a person or entity that takes part in a legal proceeding

 

Plaintiff – A person or company who sues in court

 

Plaintiff's Claim - Document which the Plaintiff issues with the small claims court to start the lawsuit; sets out what the Plaintiff feel he/she/it is owed and why.

 

Proceeding – institution of a sequence of steps by which a judgment is invoked. Includes, lawsuits, motions, all types of court hearings

 

Serve – to provide another party or person with a court document

 

Settlement Conference – Off the record meeting between the Plaintiff and Defendant as facilitated by a Deputy Judge who will not the judge at trial; is held after the Plaintiff’s Claim and Defendant’s Claim are exchanged between the parties, prior to trial; formerly known as "pre-trial".

 

Small Claims Court Rules – rules governing the running of a small claims court action

 

Small Claims Court Trial – When each party to a dispute presents its case in court before a Deputy Judge who then renders a decision or makes a judgment.

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