Why does a decision have to be made as to whether a plaintiffs claim is worth under or over $100,000 for the Notice of Action(writ) to be issued?
New Civil Procedure Rules were implemented on 1 January 2009, requiring a statement in the writ as to whether or not the total of all claims for damages will be more or less than $100,000. If the claim proceeds as being under $100,000 there is a simplified litigation process, which is less expensive and will achieve a quicker result for the parties. The maximum recovery permitted is $99,999 plus costs and interest, even if the court determines that the claim is in fact valued over that amount. If the claim proceeds as being over $100,000, the litigation process is more traditional. If the court finds that the claim is in fact worth under $100,000, they can impose penalties, including making the plaintiff pay all the costs and disbursements in the action for both sides, which would then be deducted from any settlement figure.
Related Questions
- What action should a member take if OTIP denies their claim or terminates their benefits and the member does not agree with the decision or wants more information?
- Why does a decision have to be made as to whether a plaintiffs claim is worth under or over $100,000 for the Notice of Action(writ) to be issued?
- What if I do not receive the Notice of Class Action Settlement and Claim Form?
