Civil Litigation sample questions

Answer: D. After a settlement conference, a party requests it and pays the fee.

The clerk fixes a trial date and serves a notice of trial on each party who has filed a claim or defence once a settlement conference has been held and a party has filed a request to clerk (Form 9B) and paid the required fee (r. 16.01(1) of the Rules of the Small Claims Court). Under r. 13.07 the clerk tells the parties that one of them must make that request if the action is not disposed of within 30 days after the conference. (A) The conference memorandum records scheduling information (r. 13.06(1)(e)), but the judge does not fix the trial date. (B) The clerk, not the plaintiff, fixes the date and serves the notice of trial, by mail or email (r. 16.01(2)). (C) A request made before the settlement conference is premature; r. 16.01(1)(a) requires the conference first.

Answer: B. September 10, 2027, two years after the part payment.

Part payment of a liquidated sum has the same effect as a signed written acknowledgment (s. 13(11) of the Limitations Act, 2002), so the failure to pay is deemed to have taken place on September 10, 2025 (s. 13(1)). The payment was made to your client before the original period expired, as s. 13(9) requires. Your client is presumed to have discovered the claim that day (s. 5(2)), and s. 4 lets you commence up to the second anniversary, September 10, 2027. (A) This ignores the part payment, which restarted the period. (C) Fifteen years is the ultimate limitation period in s. 15(2), an outer cap on claims, not the period that governs a known debt. (D) The Act sets no six-year period for a debt; the basic period under s. 4 is two years.

Answer: A. request a writ of seizure and sale of land for the sheriff.

Because the judgment is unsatisfied, you ask the clerk to issue a writ of seizure and sale of land (Form 20D) to the sheriff you specify (r. 20.07(1) of the Rules of the Small Claims Court). Once issued, the writ is governed by the Rules of Civil Procedure as if issued under their rule 60.07 (r. 20.07(2)). (B) A writ of seizure and sale of personal property (Form 20C) is issued to a bailiff and reaches the debtor's personal property, not land (r. 20.06(1)). (C) Leave is required only once more than six years have passed since the order was made (r. 20.07(1.1)); this judgment is months old. (D) No step in the Superior Court is needed; r. 20.07(1) lets the Small Claims Court clerk issue the writ against land directly.

Answer: C. all parties' signed consent (Form 13B), filed before or at the conference.

A judge may order final judgment at a settlement conference where the matter in dispute is for an amount under the appealable limit and a party files a consent (Form 13B), signed by all parties before or at the conference, seeking a final determination if no mediated settlement is reached (r. 13.05(4) of the Rules of the Small Claims Court). An appeal lies only from an order over $5,000 (Courts of Justice Act, s. 31(a); O. Reg. 626/00, s. 2(1)), so a $2,400 claim qualifies. (A) An oral request does not satisfy the signed Form 13B consent the rule requires. (B) Rule 13.05(4) calls for no motion or notice period; the filed consent is the trigger. (D) The general power in r. 13.05(1) covers orders on the conduct of the action; final judgment on consent rests on r. 13.05(4).