Small Claims Court
Small Claims Court
This branch of the superior court hears civil cases where the monetary value of each claim does not exceed $25,000 excluding interest and costs such as court fees. This includes the value of all goods that the plaintiff is asking for in total, no matter how many defendants there are.
Contract Disputes: Cause of action arises when one party neglects or refuses to perform the activities or obligations under a contract without legal excuse. Before any remedies are available, the court will examine the method of this breach and the seriousness of this breach. A term of a contract that is essential to the root of the contract is called a condition. A minor or subsidiary term is referred to as a warranty. Distinguishing the difference between these breaches can be very important when determining the remedies available. when a failure to uphold the primary obligation within the contract occurs, this is called a fundamental breach.
Damage to Property: This offence involves the destruction of real or personal property from another person’s neglect. Under the parental responsibility act, parents can be held liable for any property loss, damage or destruction intentionally caused by their children under the age of 18. The following elements must be met:
Lack of consent: The interference with the property must be non-consensual.
Actual harm: The interference with the property must result in actual harm or loss.
Intentionality: The interference with the property must be intentional.
Nuisance Is the cause of action of choice when activities being carried out on land negatively affect other landowners use. These claims should involve a measurable and concrete consequence resulting from these actions. There is a long list of behaviours that involve nuisance, common examples include:
Projectiles that come from one property to another
Odours and air pollution