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Small Claims Court, and what it can do.
Hi Everyone, it's Kristy from Clearly Legal. Let's chat about Small Claims (Court). If you have a dispute involving money or property worth $50,000.00 or less, Small Claims Court offers a straightforward way to resolve it. Whether you are dealing with unpaid invoices, property damage, personal injury, or contract disputes, this court provides a faster, simpler path to justice. What Is Small Claims Court? Small Claims Court is the part of the Ontario civil court system designe
Kristy Mclaren
5 days ago2 min read


Simplified Rules, a refresh (before it is replaced by the Summary Track)
Hi Everyone, it's Kristy from Clearly Legal. Let's chat Simplified Rules (as it currently stands). While the Summary Track is incoming, and is purposed to handle files that are $50,000.00 to $500,000.00 (more to come when the Summary Track is fully here), for now, Simplified Rules (SR) under Rule 76 are Ontario’s Superior Court of Justice current stream for a slightly more straightforward path through litigation. These rules are designed to make legal proceedings faster, less
Kristy Mclaren
Jun 132 min read


Vexatious Litigants, and the traits to consider.
Hi Everyone, its Kristy from Clearly Legal. Let's talk today about Vexatious Litigants, and the considerations that go into having someone declared as a vexatious litigant. A vexatious litigant is a person who repeatedly brings legal actions, often about the same facts over and over, without reasonable grounds, often to harass others or delay proceedings. This behavior can clog the courts and frustrate everyone involved. What Defines a Vexatious Litigant? The law, specificall
Kristy Mclaren
Jun 62 min read


Understanding the 2025 Changes to Rule 1 of the Small Claims Court and the intended impact
Hi Everyone, it's Kristy from Clearly Legal. Let's chat about Rule 1 of the Small Claims Court. Last summer, Rule 1 of the Rules of Small Claims Court underwent significant changes that created elaboration on how cases are heard in Small Claims. What Changed in Rule 1 of the Small Claims Court? The first rule in the Rules of Small Claims Court was revised in 2025 to better define its purpose and the duties of the court. Here are the key updates: Rule 1.03 (1) was General Prin
Kristy Mclaren
Jun 12 min read


The Certificate of Action and its Role in Liens
Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about the Certificate of Action. In Ontario, a construction lien is a legal claim for payment for goods or services that have been supplied to improve a property. The Construction Lien is your protection of your right to be paid. The Certificate of Action is key. What Is a Certificate of Action? The Certificate of Action is a formal document used in Construction Lien Actions. It confirms that a lien claimant has st
Kristy Mclaren
May 202 min read


Creating and Building Clearly Legal has taught me a skill or two.
Hi Everyone, its Kristy from Clearly Legal. I wanted to chat with you a bit about the skills I have learned as Clearly Legal. Adobe, Caselines, Portals. They have all really come a thing, a required thing, since 2020. I have taught myself 99% of everything I know about PDF-ing, hyperlinking and uploading. Mastering Document Management with Bookmarks Bates Stamps and Hyperlinking. Adobe, Caselines, Portals. They have all really come a thing, a required thing, since 2020. I hav
Kristy Mclaren
May 182 min read


A Brief Intro into the Rules of Civil Procedure
Hi Everyone, it's Kristy from Clearly Legal. I wanted to talk with you today a bit about the purpose of the Rules of Civil Procedure. Litigation, going back to Egypt, Greece and Rome (yes, I went there) is run and managed by Rules. (sarcasm and all of the delays aside, litigation being run and managed by rules is what is actually supposed to happen, is what is intended). In Ontario, the Rules of Civil are designed to run and manage litigation. What Are the Rules of Civil Pro
Kristy Mclaren
May 93 min read


Understanding the Order to Continue in Litigation and its Purpose
Hi Everyone, it's Kristy from Clearly Legal. Let's chat about the Order to Continue. When a party involved in litigation dies or faces bankruptcy, or faces other reasons why that party's involvement must be transferred (death and bankruptcy are the most common, and the focus on this blog) the legal process does not simply stop. Instead, the court may issue an Order to Continue to transfer the party’s interest or liability to another person. What Is an Order to Continue? An Or
Kristy Mclaren
Apr 292 min read


Setting Down for Trial in Ontario, the basics
Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about what setting down (setting down for trial) is. When you reach the point in a legal dispute where the matter is not settling and is ready to move forward, setting it down for trial is a key step. This process tells the court that you are prepared to proceed to a court hearing. Setting down for trial might sound complicated, but it’s really about organizing and submitting the right documents in the correct orde
Kristy Mclaren
Apr 212 min read


The Role of Settlement Conferences in Small Claims, and how they can help the file
Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about the Small Claims Settlement Conference. The settlement conference is your first chance in court to resolve the dispute without going to a full hearing. Settlement conferences are designed to be informal and practical. They focus on finding common ground and narrowing down the issues. What Happens at a Settlement Conference The court schedules the settlement conference after the defendant files the defence. U
Kristy Mclaren
Apr 212 min read


Understanding the Impact of Noting a Defendant in Default
Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about Noting in Default. When a defendant misses the deadline to respond to a Statement of Claim or Plaintiff Claim, the process of noting in default begins. This step has significant consequences for both the defendant and the plaintiff. If you are involved in litigation, knowing how noting in default works can save you time, money, and unnecessary complications. What Does Noting in Default Mean? Noting in defaul
Kristy Mclaren
Apr 93 min read


Ontario Mediation and Arbitration, the basics
Hi Everyone, it's Kristy from Clearly Lega. I wanted to chat with you today about mediation and arbitration. Legal disputes can disrupt time and be involved, and resolving them does not always require a lengthy traditional court battle. In Ontario, many people turn to alternative dispute resolution (ADR) methods like mediation and arbitration to settle conflicts more efficiently. What is Alternative Dispute Resolution? Alternative dispute resolution refers to ways of resolvin
Kristy Mclaren
Apr 12 min read


Expert Witnesses and the Admissibility Test in Ontario
Hi Everyone, it's Kristy from Clearly Legal. Let's chat today a bit about expert evidence. Litigation can easily involve the need and use of experts, even simple non-complex litigation can require the use of an expert. So, expert evidence often plays a crucial role. But how do courts decide if this expert testimony is allowed? Understanding the test for admissibility of expert evidence helps to minimize the fight and question of expert evidence being admitted. What Is Expert
Kristy Mclaren
Mar 282 min read


Paying into Court, why you might need to.
Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat with you today about Paying Into Court , what it is and why you sometimes need to. What Does Paying Money into Court Mean? You are not always able to pay someone the money that is owed to them. You sometimes want to ensure that the Plaintiff can pay when their litigation fails (yes, I know, negative, but, for the Defendant, smart). Paying money into court means depositing funds with the Accountant of the Superior C
Kristy Mclaren
Mar 102 min read


Caselaw, a source of Canadian Law.
Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about the basics of what Caselaw Is. You might already know about legislation, the laws passed by Parliament or provincial legislatures. There is another equally important source of law that shapes how legislation is applied and interpreted: caselaw. What is Caselaw? Caselaw is the body of law created by judges when they make decisions in court cases. Unlike legislation, which is written and passed by elected offic
Kristy Mclaren
Mar 22 min read


Breaking Down the Disability Definition Under Ontario's Rules of Civil Procedure
Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat with you today about disability, as defined by the Rules of Civil Procedure. Disability plays a crucial role in civil litigation under Ontario's Rules of Civil Procedure, because it creates limitations and extra consideration that all parties need to be aware of and work with. What Disability Means Under Ontario's Rules of Civil Procedure In Ontario, the term disability has a specific legal meaning within civil pr
Kristy Mclaren
Feb 262 min read


Mastering Complicated Litigation: Understanding Third and Fourth Party Claims
Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat today about how litigation can quickly become complicated. When additional parties are added, more issue and schedules to contend with are added. Third and Fourth Party Claims add layers to the original case, making it essential to have legal project management, a plan and understanding of how all of the litigation works together. What Is a Third Party Claim? A third party claim happens when a defendant in a laws
Kristy Mclaren
Feb 252 min read


Understanding Pre and Post Judgment Interest in Litigation
Hi Everyone, it's Kristy from Clearly Legal. Today, I want to chat about pre-judgment and post-judgment interest. Litigation comes with costs, and you are allowed interest on those costs. This extra amount comes from pre-judgment interest and post-judgment interest . Understanding these concepts can help you better manage your expectations and ensure you receive the full amount owed to you. The question of why we get to charge interest at all might be a different blog... Wha
Kristy Mclaren
Feb 212 min read


Understanding the Differences Between Bills of Costs and Costs Outlines in Litigation
Hi Everyone, it's Kristy from Cleary Legal. I wanted to chat about costs today. When you are involved in litigation, managing costs effectively can make a significant difference to your case and your budget. Two key documents often come up in this process: the Bill of Costs and the Cost Outline . While they might seem similar (and many people MAY use them interchangeably....), they serve different purposes and are used at different stages of litigation. By the way, all Bill
Kristy Mclaren
Feb 193 min read


Understanding the Essential Elements of a Valid Contract
Hi Everyone, it's Kristy from Clearly Legal. I wanted to chat with you today about the basics of the contract. Contracts are a part of everyday life, whether you realize it or not. What makes a contract valid and enforceable? I want to chat about the 6 basic elements of the contract. Capacity: Who Can Enter a Contract The first element is capacity . This means the people involved must be legally able to enter into a contract. Generally, this requires: Being 18 years of age or
Kristy Mclaren
Feb 182 min read
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