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As result of court reform, no new full-time judges have been appointed by the provincial government to preside in Small Claims Court. Proceedings in the Small Claims Court are governed by a codified set of rules contained in O. Reg. 258/98 (as amended), the Rules of the Small Claims Court, instead of the complex Ontario Rules of Civil Procedure.
The "small claims court" is an informal name for the District Court when operating under its Small Claims Procedure court rules. [72] The Courts of Conscience of boroughs in the Republic of Ireland were superseded under the Courts of Justice Act, 1924 by the District Court, which operates throughout the state. [73]
Generally, there are specific procedures and rules for most courts, from local small claims courts to United States District courts. Each court has specific rules, forms, guidelines and procedures which must be followed in order to successfully effect service of process. Failure to follow these guidelines may deem the attempted service improper.
Although the claims of civil proceeding are permitted to be tried before a jury, courts have broad discretion to strike the jury and proceed with a judge-only trial. The Ontario Rules of Civil Procedure have been largely adopted by Manitoba, Prince Edward Island, and the Northwest Territories. [citation needed]
Courts have the discretion to order costs to be paid to the opposing party as a means of discouraging such behavior. These costs can include legal fees and compensation for the wasted time and resources of the other party. Also under Section 35A of the Civil Procedure Code, courts have the authority to declare a litigant a "vexatious litigant."
Section 92(14) of the Act gives the provincial legislatures the power to create provincial courts and to assign jurisdiction to them, as well as determine the rules of civil procedure in those courts. Section 97 of the Act provides that the judges of the courts of Ontario, Nova Scotia and New Brunswick must be appointed from the bars of those ...
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