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Part 8 of the King’s Bench Rules of Court outlines a simplified procedure for cases where the amount in dispute is under $100,000. Below is a summary of some of these rules. If you think you might be able to use this procedure you should read Part 8.
If your claim is over the monetary limit for Small Claims ($50,000) but under $100,000 you can use a simpler procedure to have your case heard in the Court of King’s Bench. To use this procedure your claim must be for one or more of the following:
The parties can also agree to use this procedure, even if the claim is over the limit or is not for one the listed types of claims.
Whether the parties agree or not the expedited procedure can only be used if the trial can be completed within 3 days. The expedited procedure cannot be used for family law cases.
There are limits on the maximum amount of Costs that can be awarded if the expedited procedure is used.
If you want to use the simplified procedure you need to file Form 8-3 of the King’s Bench Forms. You also need to put the words “Subject to Part 8 Expedited Procedure” right below the names of the parties on any other court forms you serve or file.
Expedited cases go through the same process as other cases with some differences.
Cases are started with a Statement of Claim and defended with a Statement of Defence. Each party completes an Affidavit of Documents and can be questioned by the other party. However, the questioning of any person cannot last for more than 2 hours unless they agree to a longer period.
Pre-trial Conferences are requested and held using the normal procedure. In expedited cases the Pre-Trial Brief cannot be more than 8 pages. Documents and case law can be attached to the brief and are not counted in the 8 page limit.
If after the Pre-trial Conference the judge thinks trial will take more than 3 days the judge can decide that the case cannot be decided using the expedited procedure.
Evidence the parties agree on can be submitted by affidavit at the trial.
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