BUSINESS DOMINANCE IN THE “PEOPLE’S COURT”: AN EMPIRICAL ASSESSMENT OF BUSINESS ACTIVITY IN THE TORONTO SMALL CLAIMS COURT

This article examines business dominance in small claims courts from four perspectives: party entity, party relationship, claim subject matter, and business plaintiff success. Using data collected from the Toronto Small Claims Court, it compares business activity before and after the monetary limit...

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Bibliographic Details
Main Author: Shelley McGill
Format: Article
Language:English
Published: University of Windsor 2017-03-01
Series:Windsor Yearbook of Access to Justice
Online Access:https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4856
Description
Summary:This article examines business dominance in small claims courts from four perspectives: party entity, party relationship, claim subject matter, and business plaintiff success. Using data collected from the Toronto Small Claims Court, it compares business activity before and after the monetary limit rose from CDN $10,000 to CDN $25,000. Although most claims are brought by business plaintiffs against individual defendants, business dominance did not worsen following the limit increase. In some ways, it actually receded. Individual defence rates rose, and business plaintiff success fell. In sum, capping monetary limits is not recommended to reduce business activity in small claims courts.
ISSN:2561-5017