SMALL CLAIMS COURT limits goto $35,000. BUT rule 12.02 (3) The court may, on its own initiative, make the order referred to in paragraph 1 of subrule (2) staying or dismissing an action, if the action appears on its face to be inflammatory, a waste of time, a nuisance or an abuse of the court’s process. O. Reg. 44/14, s. 11 (3).
So now LAWYERS get to write a letter to a Deputy Judge and ask him/her to use the court’s own initiative – to DISMISS a self represented person’s case.
LETTER TO COURT:
HORNER & PIETERSMA
BARRISTERS, SOLICITORS and NOTARIES PUBLIC
G. Eldon Homer Eric Pietersma Kristen MacDonald
email@example.com firstname.lastname@example.org email@example.com
April 17, 2018
TO: The Honourable Deputy Judge Donald J. White Superior Court of Justice (Small Claim Court)
29 Second Street West Cornwall, Ontario K6J 1G3
Dear Deputy Judge White:
Re: xxxxxxxx v. The Corporation of the Township of South Glengarry
Court File No. SC-xx-xx
Please consider this letter as a request by the Defendant in the above action pursuant to Rule 12.02(3) of the Small Claims Court Rules for an order dismissing this proceeding.
Prior to the commencement of the claim herein, the Plaintiff issued a claim, Small Claims Court File No. SC-xx-xx, against the defendant, The Corporation of the Township of South Glengarry.
The defendant took the position that this claim was frivolous and vexatious and forwarded the attached letter to Justice Leroy. The Plaintiff was served with a Notice that Proceeding May be Stayed or Dismissed by the Court and subsequently served and ﬁled a Notice of Discontinuance.
The Plaintiff has now issued a Statement of Claim in Small Claims Court File No. SC-xx-xx. It is again the position of the defendant, The Corporation of the Township of South Glengarry, that this claim is frivolous and vexatious. While I believe that a review of the claim alone will support this conclusion, I have also attached ….
I am hereby requesting that the Court make a finding that the claim is
frivolous and vexatious
How is that for getting cases resolved quickly?
Think a NON lawyer would get to do this?