Ontario Small Claims Court Quiz
Question 1 |
[3 point] In order to set aside a default judgment, a Defendant must...
File a motion to do so within 30 days of the judgment. | |
File and serve a Notice of Appeal on the Plaintiff. | |
Bring the matter back before the trial judge. | |
Act quickly upon discovering the default. |
Question 2 |
[5 points] Which one of these pairings is least likely to be right on the face of things?
Bill & Ted's Construction = Limited Partnership | |
Krusty the Clown = Sole Proprietor | |
123456 Ontario Inc. = Corporation | |
Parkdale Community Hockey Club = Unincorporated Association |
Question 3 |
[5 points] Which latin translation is wrong?
Res judicata = within the court's power | |
Sine die = without a day | |
Obiter dicta = said by the way | |
Ex parte = without the parties |
Question 4 |
[3 points] When a trial commences the parties may first...
Ask that witnesses be excluded from the courtroom. | |
Advise the judge of any settlement discussions. | |
Exchange all documents. | |
Determine which side gives evidence first. |
Question 5 |
[5 points] A debt owing to one company can be sold to another using which statute?
Creditors' Relief Act | |
Conveyancing and Law of Property Act | |
Assignment and Preferences Act | |
Securities Transfer Act |
Question 6 |
[5 points] Which is not part of the standard test to set aside a default judgment?
Explain the default. | |
Have a Defence on the merits. | |
Act quickly. | |
File a motion within 30 days. |
Question 7 |
[5 points] What is the primary aim of the law of restitution?
To prevent the premature termination of a contract. | |
To provide a common standard for calculating damages. | |
To provide alternative measure to quantum meruit. | |
To prevent unjust enrichment |
Question 8 |
[1 point] A claim based on a promissory note is for what type of damages?
General. | |
Special. | |
Liquidated. | |
Exemplary. |
Question 9 |
[1 point] The Ontario Small Claims Court is a branch of what?
Ontario Court (General Division) | |
Superior Court of Justice | |
Ontario Court of Justice | |
Divisional Court |
Question 10 |
[5 points] If a rule of equity conflicts with a rule of common law which is supposed to prevail?
It depends upon on what type of equity and what type of common law. | |
Neither, it is up to the judge to decide. | |
Common law. | |
Equity. |
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There are 10 questions to complete.