Monday, January 19, 2009

Small Claims Tribunal - what kind of cases

Those thinking of using the Small Claims Tribunal should be aware of the type of cases that it can hear.

Under section 5 of the Small Claims Tribunal Act, only the following types of cases are covered -
  1. contract disputes over the sale of goods or the supply of services (note that this does not cover employment contracts)
  2. tortious claims for damage to any property (but not covering traffic accidents) and
  3. contract disputes for rental of residential properties for 2 years or less.

The amount claimed can also not exceed $10,000, or $20,000 if the other party agrees to have the dispute heard by the Tribunal. In addition, the right to sue must not be more than 1 year old.

A later post will examine some of the issues relating to this Tribunal's jurisdiction (in other words, the type of cases it has power over).

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