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Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about Court Filing Fees. What court filing fees are actually for In Ontario, court fees help the province offset some of the cost of running the court system. They don’t cover everything, of course, but they do contribute to the day-to-day operation of the courts, including civil, small claims, and some family law matters. Where court fees usually show up You’ll typically see court fees in litigation matters, smal

Hi Everyone, it's Kristy from Clearly Legal Let's talk about Default Judgment in Small Claims Court. If the person you sued does not respond to your claim, you can ask for Default Judgment. Default judgment is what you can ask for when the defendant, meaning the person or business you sued, has been properly served and has not filed a defence within the time allowed. It’s not automatic. You still need to show the court that the claim was served properly, the deadline passed,

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about the Commencing Procedure and Jurisdiction. Why the starting court matters so much The court where you start your action is often the place where the case will keep moving forward. That means filings, scheduling, motions, settlement steps, and possibly trial. That’s why jurisdiction matters and needs to considered. Start with where the cause of action happened A good first question is simple: where did the eve

Hi Everyone, it's Kristy from Clearly Legal. Let's look at Default Judgment. Start with where you are in the litigation Before asking for default judgment, confirm exactly where the case sits. Are you just starting, and the Defendant did not file a Statement of Defence on time? Are you looking at your Trial Order, and the Defendant has not paid or returned property yet? Those details matter. Ask yourself: Has any money been paid? Has any property been returned? What kind of l

Hi Everyone, it's Kristy from Clearly Legal. Let's take a closer look at what goes to Divisional Court, and the Courts of Justice Act, R.S.O. 1990, c. C. 43. The Final Order and the Interlocutory Order A final order finally determines the issues of the law suit, it is (barring this appeal possibility) the final decision of the court. An interlocutory order determines issues within the law suit. It does not finally dispose of the matter. Section 19 of the CJA The Final Order o

Hi Everyone, it's Kristy from Clearly Legal. I know June of 2025 feels soo last year (really, almost so 2 years ago). It was a big change, and its worth taking a deeper dive into the changes..especially for all of you litigators out there who avoid small claims because it's, well, small claims. Settlement conference orders now go to everyone One of the clearest changes is to Rule 8.01(6). I know, I know. Settlement Conferences are talked about in Rule 13. The SERVICE of any S

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about Default judgment. It is not the same as noting a party in default (even though it is 100% often related). Let's get into some of the basics. If the Defendant has not delivered a Statement of Defence on time, you need to consider if you are moving for default judgment, or if you are only noting the Defendant in default. Decide whether you are noting in default or seeking judgment The first decision is simple.

Hi Everyone, it's Kristy from Clearly Legal. Let's chat about Motions to Transfer. A transfer motion can look simple on the surface. One courthouse is more practical than another, so the litigation should move there, right? Not quite. Even when the transfer makes sense, you still need to explain why the action or application should move. A motion to transfer is about moving the litigation to another court location When people say “motion to transfer jurisdiction,” they are ta

Hi Everyone, it's Kristy from Clearly Legal. "Did you serve the Notice of Examination?" - Let's chat about the Notice of Examination. The notice is not just a calendar item. It is the formal document that tells the person being examined what to expect, where to attend, how the examination will happen, and what they need to have ready. For a deponent, the notice sets the frame for preparation. For counsel and clerks, it is one of those procedural documents that looks simple un

Hi Everyone, it's Kristy from Clearly Legal. Let's Chat the Notice of Intent to Defend and the Waiver. When you receive a Statement of Claim, knowing how to respond quickly and correctly can save you time, money, and stress. Two important tools in this process are the Notice of Intent to Defend (NOITD) and waivers. These may seem similar, identical really, but they are distinct and different. What is a Notice of Intent to Defend? A Notice of Intent to Defend, often called NOI

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about solicitor-client privilege. When you work with a lawyer, you expect your conversations to stay private. This trust is protected by solicitor-client privilege, a legal rule that keeps your communications confidential. This privilege is essential because it allows you to share all the necessary details with your lawyer without fear that the information will be exposed. Understanding how this privilege works, es

Hi Everyone, it's Kristy from Clearly Legal. Let's chat today about some basics about Appeals to Divisional Court. What Is a Divisional Court Appeal? An appeal to the Divisional Court is a review of decisions made by lower courts or tribunals. The court does not retry the case or hear new evidence except in rare exceptions. Instead, a panel of three judges examines the record from the original hearing to determine if there were errors in law or procedure that affected the out

Hi Everyone, it's Kristy from Clearly Legal. While the new streams may change how Simplified Rules operates, right now, we still have Rule 76 and Schedule D. Let's briefly refresh on what the Affidavit of Documents is Simplified Rules currently manages litigation claims for money or property less than $200,000.00 (let's remember the $50,000.00 Small Claims cap). Simplified Rules tries to keep to specific duedates to help the process moving smoothly. One key document in this p

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about the Leave to Appeal. When you want to challenge a decision made by a lower court, you often need permission first. This permission is called leave to appeal. Understanding how to properly seek leave to appeal in the Court of Appeal can ensure you are in compliance and your materials are being accepted, and are on time. Though the rule review may be changing some of duedates, the key steps still seem to be pla

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about Condo Docs. When you move your residence or business (or both) into a condominium, you enter a community governed by a set of important documents. These condominium documents, often (always) called condo docs, define how your building operates, how decisions are made, and what rules everyone must follow. What Are Condominium Documents? Condominium documents are the legal papers that establish and regulate a c

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about the Affidavit of Documents. The Affidavit of Documents (AOD) is, in Ontario at least, a required part of the litigation process; it is the part of litigation where your litigation evidence is provided in a sworn manner. What is an Affidavit of Documents? An Affidavit of Documents is a sworn statement listing all documents relevant to a legal dispute. The purpose of the AOD is to make sure both sides know what

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about Endorsements and Orders, and how 1 creates the other. Understanding the difference between endorsements and orders is essential for anyone involved in legal proceedings; because 1 is issued and entered (and enforceable). What are Endorsements? Endorsements are the reasons or explanations behind a court’s decision. They are usually written or typed (remote hearings) on the back page of a motion, application, o

Hi Everyone, it's Kristy from Clearly Legal. Let's talk today about Alternative to Personal Service. In litigation, or Ontario litigation, the Rules of Civil Procedure require Personal Service. But what happens when that is not possible. You look for Alternatives. What is Alternative to Personal Service? Alternative to personal service means using other approved ways to deliver legal documents when direct handover is not possible. Courts recognize that sometimes you cannot ph

HI Everyone, it's Kristy from Clearly Legal. We all know a major overhaul in the rules is coming. For now, let's chat about about the 6 month rule for serving a Statement of Claim. If you miss this deadline or don’t serve the documents properly, your case could face delays or even dismissal. Understanding the 6 Month Rule The 6 month rule comes from Rule 14.08(1) of the court procedures. It says you have 6 months from the date the court issues your court file number to person

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