All of the words and their respective definitions hereunder may have other or broader meanings than explained below. The explanations that follow are all defined within the context of the Ontario Small Claims Court and may have different meanings or applications in other courts or tribunals.
A defence is a document prepared in response to a claim which gives reasons why the person or company being sued (the Defendant) is not responsible to pay the amount that is being claimed by the Plaintiff.
The Defendant is the person or corporate legal entity being sued by the Plaintiff.
It is well known that when you purchase a home, you will be required to provide a deposit. The deposit does not go directly to the seller but rather will be held in the seller’s real estate broker’s trust account pending the completion of the sale. This is a good faith deposit to allow the seller to feel comfortable and satisfied that you are serious about purchasing his or her home.
When a Judge makes a determination relating to any step in a small claims court matter, he endorses the record with his decision. This is the Judge’s Endorsement. Once completed, it becomes the Endorsement Record and forms a permanent record in the court file. It is also a Court Order. In fact, the name of this small claims court form is entitled “Endorsement Record/Order of the Court”.
An Express Agreement is an agreement where the terms and the intentions of the parties are clearly spelled out in writing so that it is apparent and evident what the responsibilities and expectations of the parties are.
It is common for people to sometimes lend money to someone, be it a friend or a relative. Sadly, it is also common for the borrower to not pay the lender back.
If you are going to lend money to someone, friend or relative, you should have a written agreement as to the amount loaned, the rate of interest, if any, that the borrower will pay expressed in a yearly rate - not a monthly rate -, and the arrangements as to how and when the money will be paid back.
A Garnishment Hearing is an enforcement proceeding by which, among other things, you may be able to obtain a judgment against the entity that you issued the garnishment against. This would be the case when a garnishee fails to make payment in accordance with the Notice of Garnishment that was served and the Garnishee fails to serve you with a Garnishee’s Statement stating why it has not paid the garnishment. This can be an effective way of collecting from a third party the money that is owed to you by the original debtor.
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