Frequently Used Statutes
As we have mentioned elsewhere on our website, litigation is a knowledge intensive enterprise and that is why there is a whole profession dedicated to it. As part of our knowledge inventory we need to have a working understanding of the the following 30 plus statutes and their accompanying regulations as they apply to matters heard in the Ontario Small Claims Court.
Please note this page is currently under development and not all information may be available.
Statute
Small Claims Court application
A
Administration of Justice Act
Not to be confused with the Courts of Justice Act, this statute, by way of its regulations, sets out the fee structures and allowances for the various courts in Ontario. Click here for more information
B
Bills of Exchange Act
This is one of the few federal statutes on the list. It sets out the rules for how cheques and promissory notes are made and used . Click here for more information
Bills of Lading Act
One of a few statutes here that deals with the carriage of freight, particularly by trucking companies. It is a Canada statute and the Ontario equivalent is the Mercantile Law Amendment Act. Click here for more information
Business Corporations Act
A very long and comprehensive statute that sets out the working structure, mechanics and laws regarding corporations in Ontario. Click here for more information
Business Names Act
A short statute that sets out the requirements for business names in Ontario to be registered. Click here for more information
C
Construction Act
Formerly the Construction Lien Act. This statute sets our rules regarding construction liens which are not something paralegals can do. They can, however, handle the accompanying hearing if it is transferred to the Ontario Small Claims Court. This statute also sets out the trust provisions with respect to monies received for work done by contractros. Click here for more information
Consumer Protection Act
The show piece statute when it comes to consumer protection in the Province of Ontario. Click here for more information
Conveyancing and law of Property Act
A complicated statute that is often only used in the Small Claims Court when it comes to assigning contracts. Click here for more information
Courts of Justice Act
Perhaps the most important statute on the list as far as Small Claims Court matters go. This is the empowering statute for all of the courts in Ontario. It sets out the guiding principles for the Ontario Small Claims Court and the rules of the court can be found in its regulations. Click here for more information
D
Dog Owners’ Liability Act
This statute creates strict liability for owners of dogs who cause harm to other dogs or individuals. Click here for more information
E
Evidence Act
An Ontario statute that sets out many of the rules of evidence with respect to documents, testimony, etc. Click here for more information
F
G
H
Highway Traffic Act
This Ontario statute is used either for its regulations as they pertain to the sale of used cards or the trust provisions with respect to freight charges for trucking companies. Click here for more information
I
Insurance Act
One of the longest statutes in the Province of Ontario. It has very limited application in the Small Claims Court. It is generally used for subrogated insurance claims or as a defence to being sued for damages resulting from a two car collision. Click here for more information
Interest Act
An Canada statute that sets out the disclosure requirements for interest charged and the penalty for failing to do so. Click here for more information
J
K
L
Legislation Act
The replacement for the Interpretation Act. It sets out how provincial statutes are to be interpreted. Click here for more information
Libel and Slander Act
This statute sets our some of the basic rules and conditions with respect to libel and slander. Click here for more information
Limitations Act
The statute that sets out the time limits to commence lawsuits in the Province of Ontario. Click here for more information
M
Mercantile Law Amendment Act
An Ontario statute that is very similar in nature to the federal Bills of Lading act as it applies to carriage of freight. Click here for more information
Motor Vehicle Dealers Act
The provincial statute that sets out the regulatory regime for car dealers and certain car specific forms of consumer protection not found in the Consumer Protection Act . Click here for more information
N
Negligence Act
Not quite like the name suggests, this statute primarily deals with the principle that negligence can be apportioned among more than one person. Click here for more information
O
Occupiers Liability Act
The statute that holds a person a person who occupies a property and has responsibility for it to make sure it is safe for those who enter upon it. Click here for more information
P
Parental Responsibility Act
The statute that can allow a parent be sued for theft or property damage caused by their child who is a minor. Click here for more information
Payday Loans Act
This statute sets our the regulatory regime for payday lenders in the Province of Ontario. Click here for more information
Q
R
Real Estate and Business Brokers Act
The statute that sets out the regulatory regime for real estate agents and their brokerages. Click here for more information
Residential Tenancies Act
While normally used in the context of rental property disputes in the Landlord and Tenant Board it is sometimes used in the Small Claims Court in very specific situations. Click here for more information
S
Sale of Goods Act
Referenced in the Consumer Protection Act, this statute sets our some of the warranty conditions with respect to the sale of goods. Click here for more information
Statute of Frauds
An Ontario statute that is not like the name suggests. Rather than codify certain types of fraud it sets our the requirements for certain types of contracts (for example, in order to be enforceable a real estate transaction must be in writing). Click here for more information
T
Travel Industry Act
The statute that sets our the regulatory regime and some forms of consumer protection for the travel industry in the Province of Ontario. Click here for more information
U
Unconscionable Transactions Relief Act
An Ontario statute that allows the court to grant relief from loans that are unconscionable (e.g. have an exorbitant rate of interest). Click here for more information
V
W
Wages Act
This statute is used primarily as the one that sets out the limit on how much of a person’s wages can be seized pursuant to a Small Claims Court garnishment. Click here for more information
X
Y
Z