Self-Represented Litigants - Ontario Small Claims Court O.Reg. 258/98: Rules of the Small Claims Court

258/98: Rules of the Small Claims Court RULE 1 GENERAL General Principle 1.03 (1) These rules shall be liberally construed to secure the just, most expeditious and least expensive determination of every proceeding on its merits in accordance with section 25 of the Courts of Justice Act. [...] 258/98: Rules of the Small Claims Court RULE 2 NON-COMPLIANCE WITH THE RULES Effect of Non-Compliance 2.01 A failure to comply with these rules is an irregularity and does not render a proceeding or a step, document or order in a proceeding a nullity, and the court may grant all necessary amendments or other relief, on such terms as are just, to secure the just determination of the real matters in. [...] SHS Optical Ltd., 2008 ONCA 685 (CanLII) • Did the self-represented litigant get a fair hearing? • Were the proceedings conducted fairly? • Presiding judge must not assume or appear to assume the role of counsel for the self-represented litigant • Trial judge must respect rights of the opposing party Case Law •Girao v. [...] Ford (2023 ONSC 2145) • Divisional Court found that the trial judge did not provide enough assistance to the self-represented Defendant Ontario Court of Appeal: Where parties are self-represented, a trial judge has a special duty to acquaint parties with courtroom procedures and the rules of evidence. [...] 258/98: Rules of the Small Claims Court Services to assist Self-Represented Litigants Improving Access to Ontario Small Claims Court Ontario Small Claims Court -- Process Case Law Case Law Case Law Case Law Case Law Case Law Conclusion.