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Product Type: Books - In Print Only
ISBN: 0-86504-931-9
Pages: 540
Price: $255.00

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Small Claims Act & Rules - Annotated

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This book is essential for: all litigators appearing in Small Claims Court.

Current to: December 1, 2012

Price: $255; $230 when purchased together with Provincial Court Small Claims Handbook

Knowing your way around Small Claims Court is more important than ever. The court's  monetary jurisdiction ($25,000) and dispute resolution mechanisms make the court an advantageous option for resolving British Columbians' disputes. This comprehensive reference includes the complete up-to-date text of the Small Claims Act and Rules, and digests of important small claims and appeal cases. Small Claims Act and Rules—Annotated belongs in every litigator's briefcase. First published in 1997, the book has been revised and updated to best meet the needs of those involved with Small Claims processes in the British Columbia Provincial Court.

Highlights of the 2013 update:

  • case law and statutory changes current to approximately December 2012
  • decisions of the Provincial Court, Supreme Court, and Court of Appeal over the past year, which clarified a variety of procedural issues including
    • the Small Claims Court’s jurisdiction to: grant summary judgment at a settlement conference; order substitutional service of a summons to a payment hearing; dismiss vexatious litigation at a settlement conference or interlocutory application and dismiss when part res judicata and part vexatious; grant a “no evidence” motion; enforcement proceedings; dismiss a petition by an interpreter because non-parties are not owed a duty of fairness; determine claims involving the Repairer’s Lien Act; to control its own processes
    • the Small Claims Court’s jurisdiction to hear claims from trustees for reimbursement for benefits paid; to review a breach of contract of insurance by ICBC for an accident occurring in California; to grant declaratory relief
    • the Court of Appeal’s jurisdiction to hear an appeal as a trial de novo
    • the admissibility of new evidence and new statutory authority on appeal
    • splitting court actions for damages and liability between the Provincial Small Claims Court and the Supreme Court
    • dismissal for no triable issue
    • setting aside: a mediation agreement; a notice of withdrawal; a default judgment; improper service
    • penalty costs
  • updated versions of the case table, statute table, and index

CLEBC Legal Editor
Morag MacLean
mmaclean@cle.bc.ca

 

Contributors

RoleName
Editor The Honourable Mr. Justice Kenneth W. Ball
Editor The Honourable Judge Ellen M. Burdett

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