Small Claims Pilot - Attending a Simplified Trial
At the beginning of the simplified trial, the adjudicator will ask you to take an oath or swear to tell the truth.
You will be asked to:
- State the facts related to the claim
- File any documents that you will be using to make your case
- Respond to the other party
The adjudicator may:
- Ask you questions
- Permit witnesses
- Allow you or your lawyer to ask questions of the other parties
- Allow you or your lawyer to make submissions
In most cases, the adjudicator will deliver a decision orally at the end of the trial. If not, the adjudicator has 30 days to deliver a decision.
Request a Date Change
You can request to change the date of your simplified trial by:
- Asking the other parties to agree in writing to the change
- Filing an order that includes everyone’s written consent at the court registry where your trial will occur
If you are unable to get consent from all the parties, file an application to the registrar at the court registry at least seven days prior to the simplified trial date.
The application must explain:
- The reason you want to change the date (e.g. you’re not ready for the trial or are unable to attend on the date scheduled)
- How you asked the other parties for their consent
If the application is granted by the registrar, a new date will be set for your trial.
If you do not attend, your claim may be dismissed or you may need to pay a fine.