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The trial deputy-judge refused to allow them to do so, saying that such a fact should have been pleaded. [22] The Small Claims Court can grant relief that was not pleaded, but they should do so only if supporting evidence is not needed beyond what was adduced at trial in support of the relief, and, in all of the circumstances, it is not unfair to grant such relief (Salamon v. Below are examples of how various parties are named in court documents.

Subject to considerations of fairness and surprise to the other side, if a cause of action has been established, the appropriate remedy, within the subject-matter jurisdiction of the court, ought to be granted.

(Ont Div Ct, 2011) the court allowed an appeal in a defamation case where the trial deputy-judge had applied the principle of qualified privilege despite it's not having been pleaded or argued. 40: I agree with the proposition that, in the Small Claims Court, a liberal, non-technical approach should be taken to pleadings.

The court cited this passage from [15] In Brighton Heating & Air Conditioning Ltd. Therefore, unpled relief may be granted (and an unpled defence allowed) so long as supporting evidence is not needed beyond what was adduced at trial, or what reasonably should have been adduced, in support of the relief (or defence) that was pled; and, of course, provided that, in all of the circumstances, it is not unfair to grant such relief (or allow such a defence). 45), and a new trial was ordered to provide the appellant the opportunity to properly respond to the argument. Principles of Pleading (a) Overview The content and purposes of the different types of pleadings are discussed below.

The appellant had no opportunity to call evidence of malice to rebut the defence, if it in fact applied. However, poorly drafted documents will add to everyone's confusion and may require the party to correct or clarify things later - which will increase cost and delay - and in some cases jeopardize rights.

(Ont Div Ct, 2008) judgment was overturned on appeal despite the relaxed approach to pleadings in small claims court proceedings, were judgment was issued against a person who was not named as a formal party to the litigation - even though they were the principle of the defendant corporation. The actual forms used for the various types of pleadings are linked from the main menu, and print-outs of those are accepted by the court.

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