Boot Camp: Small Claims Court

Bootcamp: Small Claims Court is built for lawyers and paralegals who need to win in Ontario's new $50,000 jurisdiction. The course delivers current, practical guidance on procedural and substantive law, client management, and the courtroom strategies that separate practitioners who get results from those who don't. You will leave with working tools, sharper case theory, and the confidence to run files end-to-end without guesswork.

Session 1: Know Your Case

Takeaways: 

1. The Baker's Strategy for Case Theory

Successful case theory requires more than throwing facts together and hoping for the best. This session introduces a practical compartmentalization method to deconstruct complex client stories into legal elements and isolate the must-prove facts before drafting a claim.

2. Advanced Client and Practice Management

A successful case starts with managing the human element. This session shares practical, in-the-trenches guidance on listening for hidden legal issues, preparing initial opinion letters, protecting your practice, managing client expectations, and avoiding speculation-based litigation that leads to dismissals.

3. Your Professional Toolkit: From Theory to Function

This session is designed as a workshop rather than a lecture. You will leave with functional tools, including a Legal Issue Spotting Matrix Worksheet and a Proof/Evidence Checklist to match every legal element to supporting proof before the first settlement conference.

Session 2: Drafting a Pleading

Takeaways: 

1. Your Pleading Decides Your Case Before Evidence Is Ever Heard

What is written in your pleading defines the boundaries of the lawsuit—nothing more, nothing less. Courts decide cases within those boundaries, and anything omitted risks being permanently excluded. This session teaches how to draft Plaintiff Claims and Defences that clearly articulate material facts, properly frame causes of action and defence theories, and avoid the fatal mistake of vague or “muddy” allegations that invite dismissal or skepticism.

2. Draft It Wrong, and You May Lose Before You Begin

Poor pleadings lead to struck claims, demands for particulars, adverse cost consequences, and reputational damage. Amendments carry risk, delay, and strategic disadvantage—and in some cases, critical errors cannot be fixed at all. Legal professionals are held to a higher standard, and a deficient pleading signals weakness to both opposing counsel and the court. This session provides the practical discipline required to draft pleadings that withstand attack, avoid embarrassment, and protect both client outcomes and your professional credibility.

3. From Blank Page to Bulletproof Pleading

This is where most practitioners fall short—and where this session delivers its edge. You will be equipped with a structured, repeatable system for drafting both claims and defences, including admissions, denials, material fact development, and strategic use of particulars. You will also gain access to exclusive drafting frameworks and templates that convert legal theory into clear, persuasive pleadings. These are the tools that separate confident litigators from reactive ones—and access is limited to those who attend.

Session 3: Common Motion Hearings

Takeaways: 

1. Motions Win or Destroy Cases — Long Before Trial

A motion is not procedural housekeeping — it is a strategic weapon. Whether striking a claim, setting aside default, or forcing particulars, motions can end a case outright or revive one that appeared lost. This session teaches how to identify when a motion is the right move, how to frame the relief sought, and how to leverage the court’s broad discretion to secure early wins or avoid devastating losses. In a system designed to resolve matters “in a summary way”, motions often become the real battleground.

2. One Weak Affidavit Can Collapse Your Entire Case

Small Claims motions frequently turn on affidavit evidence — without cross-examination, and often on a paper record alone. That means credibility, structure, and precision are everything. A poorly drafted affidavit, unsupported assertion, or missing exhibit can result in a claim being struck as having “no meaningful chance of success” or a defence being dismissed before trial ever begins. This session shows how to build persuasive motion materials that withstand scrutiny, avoid fatal weaknesses, and present a coherent narrative that a judge can rely upon.

3. Templates, Strategy, and Tactical Execution

This is where most practitioners fall behind — and where this session creates separation. You will gain access to structured motion templates and real-world examples, including motions to strike, motions to set aside default, motions for particulars, and motions validating service. You will learn when to demand particulars versus when to strike, how to satisfy the “meritorious defence” test, and how to avoid procedural missteps that lead to costs, delay, or professional embarrassment. These tools convert theory into execution — and missing this session means missing the exact frameworks used to control the litigation before trial even begins.

Session 4: Drafting an Affidavit

Takeaways: 

1. Every Word Is Evidence — And Mistakes Carry Consequences

An Affidavit is sworn evidence given under Oath, with exposure to perjury consequences and potential criminal liability. Courts treat Affidavit documents as formal evidence, yet also as inherently fragile due to the absence of cross-examination. This creates a high-risk environment where exaggeration, carelessness, or improper drafting, can destroy credibility, collapse a Motion, or expose the Affiant to serious consequences. This session teaches how to draft Affidavit documents that withstand scrutiny, maintain evidentiary integrity, and avoid the common drafting failures that lead to findings of unreliability or misconduct.

2. Facts Only — Opinions, Arguments, and Emotion Will Be Struck

The single most misunderstood rule in Affidavit drafting is also the most aggressively enforced: Affidavit documents must contain facts — nothing more. Courts routinely strike Affidavit documents, or portions of, for including opinion, argument, speculation, hearsay without foundation, or inflammatory commentary. Even subtle violations — such as describing conduct with adjectives instead of facts — can undermine the entire Affidavit. This session breaks down the governing principles and case law, showing exactly how to confine evidence to the who, what, when, and where while avoiding the traps that lead to admissibility challenges or reduced evidentiary weight.

3. The Blueprint: Affiant Selection, Exhibits, and Proper Form

A strong Affidavit begins before drafting even starts. Choosing the correct Affiant, ensuring first-hand knowledge, properly grounding any belief-based statements, and attaching admissible exhibits are all critical decisions that determine whether the affidavit succeeds or fails. You will learn how to properly mark and commission exhibits, and how to avoid the fatal error of submitting unsworn or unsupported material disguised as evidence. The sample Affidavit and exhibit structure demonstrate exactly how courts expect evidence to be presented in practice.

4. Improper Affidavits Get Struck—Sometimes Entirely

Affidavit documents that include hearsay without foundation, legal argument, irrelevant attacks, or scandalous material risk being struck in whole or in part under procedural rules. Courts possess broad discretion to prune or eliminate defective evidence, often at the exact moment it matters most — during the Motion or Trial itself. This session explains how and why Affidavit documents are attacked, the legal thresholds for striking evidence, and how to draft in a way that survives these challenges. Missing this session means risking that critical evidence is removed before the judge ever considers the merits.

5. The Affidavit Framework — How to Self-Audit Before Filing

Most practitioners lack a reliable system for reviewing Affidavit quality before filing — and that gap leads directly to errors. This session introduces a practical audit framework, drawn from the Affidavit Review Worksheet, requiring each paragraph to be tested for factual content, absence of opinion, proper handling of hearsay, evidentiary support, and avoidance of improper character attacks. This checklist-driven approach ensures that Affidavit documents remain tight, admissible, and persuasive — rather than vulnerable and easily dismantled.

Session 5: Settlement Conference

Takeaways: 

1. Settlement Conference Is Where Cases Are Won, Lost, or Settled

This stage is more than procedural — it is strategic. The Settlement Conference defines the trajectory of the case by narrowing issues, testing legal theories, and creating real pressure to resolve. A poorly prepared appearance signals weakness, undermines credibility, and can lock a client into a disadvantageous position heading into Trial. This session teaches how to arrive fully prepared — with organized evidence, clear theory, and a defined negotiation range — so that every discussion advances your client’s position rather than exposing weaknesses.

2. Fail to Prepare and the Court May Sanction You

The Rules impose strict obligations: mandatory attendance, full disclosure of documents and witnesses, and meaningful participation. Inadequate preparation can result in costs penalties, exclusion of evidence, adjournments, or even the striking of a defence. Appearing without authority to settle, without disclosure, or without a coherent position, risks more than embarrassment — it risks direct procedural consequences that damage the case. This session ensures you understand exactly what must be done in advance, and how to avoid the mistakes that frustrate the conference and trigger judicial sanctions.

3. The Negotiation Framework: Control the Outcome Before Trial

Most practitioners approach settlement reactively. This session provides a structured negotiation framework built around strengths and weaknesses analysis, BATNA/WATNA positioning, and strategic communication techniques that drive resolution. You will also learn how to leverage tools such as Agreed Statements of Facts and Will Say documents to simplify issues and increase pressure toward settlement. These are the practical instruments that convert preparation into results—and missing this session means missing the system that allows you to control outcomes before trial becomes unavoidable.

Session 6: Making Written Offers

Takeaways: 

1. A Proper Offer-to-Settle Is a Strategic Weapon

Most practitioners treat an Offer-to-Settle as routine. That approach leaves leverage on the table. A properly structured written offer creates pressure, frames the negotiation, and establishes a benchmark that can influence the outcome long before Trial. More importantly, an Offer creates a formal record of reasonableness that can shape how the court views the conduct of both parties. This session teaches how to draft an Offer that is clear, strategic, and positioned, to drive resolution — rather than being ignored or dismissed.

2. Misusing an Offer Can Expose You to Many Risks

Written offers carry professional obligations. Legal practitioners must promptly present an Offer to clients, provide competent advice on reasonableness, and ensure that all terms are made in good faith. A failure to properly advise a client — or the inclusion of improper or coercive terms — can lead to client prejudice, reputational damage, or even regulatory consequences. This session explains how to meet professional standards while protecting both the client and the practice from avoidable risk.

3. The Cost Consequence Strategy of Turning Offers into Leverage

The true power of a written offer lies in its ability to trigger cost consequences under Rule 14.07. When used correctly an Offer can become a cost trap shifting financial risk onto the opposing party if the Trial result fails to beat the Offer. Timing, structure, and terms are critical — an improperly drafted or poorly timed Offer may fail to trigger these consequences entirely. This session provides the strategic framework and drafting tools required to use offers proactively, creating pressure that forces settlement or punishes unreasonable refusal.

Session 7: Drafting a Release

Takeaways: 

1. A Release Ends Rights — Permanently

A Release is more than just administrative paperwork — it is a binding contract that extinguishes legal rights, often forever. Once executed, claims are gone, future litigation may be barred, and even indirect claims, can be shut down through claims-over clauses. Poor drafting can unintentionally eliminate rights your client intended to preserve — or fail to secure the finality your client paid for. This session teaches how to draft Release documents that accurately reflect settlement terms, protect client interests, and avoid irreversible mistakes.

2. Get the Terms Wrong, and the Settlement Can Collapse

A Release must match the deal that was actually negotiated. Attempting to insert new terms — such as confidentiality or non-disclosure clauses — after settlement can trigger disputes, court intervention, or removal of those terms entirely. Courts will enforce settlements, imply reasonable terms, and strike unreasonable ones. That means sloppy or opportunistic drafting risks delay, added cost, and professional embarrassment. This session shows how to align the Release with the negotiated agreement, avoid secondary litigation, and ensure enforceability from the outset.

3. Finality Clauses, Structures, and Strategic Control

This is where professional litigators separate from the rest. You will learn how to draft and deploy critical clauses — including finality clauses, claims-over clauses, indemnities, and settlement structures such as Pierringer and Mary Carter agreements — to control risk and preserve or eliminate future exposure. You will also understand disclosure obligations and the severe consequences of getting them wrong. These are more than just academic concepts — these are the mechanisms that determine whether a file is truly finished or quietly left open to future attack. Missing this session means missing the tools that close files properly and protect your client — and your practice — from what comes next.

Session 8: Costs Rules

Takeaways: 

1. Costs Rules and Risks Drive Litigation Strategy

Costs rules are more than an afterthought — costs rules are a control mechanism that shapes every stage of a case. From the decision to commence a claim, to settlement positioning, to trial strategy, costs influence behaviour and outcomes. Costs rules exist to encourage settlement, deter weak or frivolous claims, and compensate successful parties. A practitioner who overlooks costs rules risks advising blindly, while a practitioner who understands, uses costs as leverage to control the direction of the case.

2. The Three Heads of Costs — And the Risk of Getting It Wrong

Costs in the Small Claims Court are divided into three distinct categories: disbursements, representation or self-representation compensation, and punitive costs for misconduct. Each must be properly identified, argued, and supported. Many practitioners fail to structure costs submissions correctly, leaving recovery on the table or weakening the litigative position. This session teaches how to properly frame each head of costs and avoid the common mistakes that lead to reduced awards or lost entitlement.

3. The 15% Cap Is Flexible — And Strategy Determines the Result

The commonly cited 15% cap on representation fees is often misunderstood. In practice, it operates as a starting point rather than a fixed ceiling. Exceptions arise through strategic use of offers to settle, findings of unreasonable behaviour, and judicial discretion. Practitioners who treat the cap as absolute limit recovery and weaken negotiation leverage. This session shows how to work within the Rules to expand cost recovery, apply pressure to opposing parties, and avoid conduct that triggers costly penalties. Missing this session means missing the framework that turns costs from a passive afterthought into an active litigation advantage.

Session 9: Going to Trial

Takeaways: 

1. Trial Success Is Built Before You Enter the Courtroom

Trial is about preparation. Every successful outcome is built on disciplined pre-trial work, including reviewing pleadings, isolating legal issues, organizing evidence, preparing witnesses, and structuring a coherent trial narrative. A failure to prepare at this level does not merely weaken a case — it exposes gaps, undermines credibility, and can irreparably damage your client’s position. This session teaches how to construct a complete Trial Plan so that nothing is left to chance when the hearing begins.

2. Deciding What the Judge Actually Hears

In Small Claims Court, the rules of evidence are flexible, but the Judge retains broad discretion to admit or exclude material. Documents may be received if properly served, yet still limited or rejected depending on how the documents are presented. Witnesses must be prepared, summoned correctly, and examined with precision. Tools such as a Trial Evidence Brief and a structured Witness Examination Worksheet — as illustrated within the course handout materials — provide the closest thing to a script in an otherwise unpredictable environment. Without this level of control, critical facts may go unproven.

3. Your Preparation Must Be Stronger Than the Chaos

Trials are rarely smooth and never scripted. Judges exercise discretion in real time, witnesses deviate from expectations, and procedural issues arise without warning. Adjournments may be refused, evidence may be challenged, and arguments must be delivered under pressure. Practitioners who rely on instinct alone risk appearing unprepared, losing control of the narrative, and ultimately losing the case. This session provides the structured systems, checklists, and practical frameworks required to remain composed, adapt in the moment, and deliver a persuasive case from opening to closing. Missing this session means walking into Trial without the systems that experienced litigators rely upon to perform under pressure.

Session 10: Courtroom Advocacy

Takeaways: 

1. Preparation Without Advocacy Fails at the Finish Line

Everything done before Trial leads to this moment — and without strong courtroom advocacy, all prior preparation risks being wasted. Effective advocacy requires mastery of evidence, procedure, questioning techniques, and persuasive communication. It also demands credibility, composure, and the ability to present a clear and compelling narrative under pressure. This session teaches how to translate preparation into performance so that the case you built is actually the case the judge understands and accepts.

2. Control the Witness, Control the Outcome

The courtroom is won through disciplined questioning. Direct examination must extract clear facts without confusion, while cross-examination must strategically control the narrative through precise leading questions that expose weaknesses and contradictions. The Rule in Browne v. Dunn requires that credibility attacks be put directly to the witness, eliminating any opportunity for surprise. At the same time, re-examination must repair damage without overreaching. This session provides the structure, techniques, and tactical discipline required to control testimony rather than react to it.

3. Objections, Record Control, and Courtroom Presence

Courtroom advocacy extends beyond questioning. Strategic use of objections prevents inadmissible or misleading evidence from entering the record, while poor or excessive objections can damage credibility. Proper marking of exhibits, maintaining a clear and complete court record, and ensuring that all critical submissions are heard are essential advocacy skills. Organization, professionalism, and presence — from appearance to tone to responsiveness — influence how the Judge perceives both the case and the advocate. Missing this session means missing the practical systems that separate competent representation from persuasive courtroom performance.

Session 11: Submission Arguments

Takeaways: 

1. Your Closing Submission Is Your Chance to Win the Judge

Submissions are where evidence, law, and advocacy come together. This is the final opportunity to frame the case, emphasize the strongest facts, answer the weaknesses, and show the Judge exactly why your client should win. A weak submission can waste a well-prepared Trial, while a strong submission can give the Judge a clear path to the decision you want. This session teaches how to make closing arguments that are accurate, persuasive, organized, and strategically focused.

2. Persuasion Requires Structure — Avoid a Data Dump

Judges are practical decision-makers. Judges want the problem, the law, the evidence, and the requested result presented clearly and efficiently. This session teaches point-first advocacy, effective overview paragraphs, issue-based headings, selective use of case law, and the discipline of cutting weak arguments before they bury the strong ones. You will learn how to write and deliver submissions that guide the judicial mind instead of overwhelming it.

3. Integrity, Precision, and Delivery Protect Credibility

A legal professional must avoid misstating facts, distorting evidence, omitting binding authority, or overstating what the record can support. Submission advocacy requires precision, candour, and control. Whether written or oral, the argument must connect the controlling law to proven facts and lead to a rational conclusion. This session also teaches how to manage oral delivery, avoid reading a factum, control speaking pace, and make submissions that sound confident rather than rushed, salesy, or uncertain. Missing this session means missing the final advocacy system that turns trial evidence into a winning result.

Session 12: Conclusion

Takeaways: 

1. Winning the Case Is Only Part of the Job

The conclusion of a Trial still leaves the conclusion of the file. Legal professionals must guide clients through the aftermath — including explaining the decision, outlining next steps, addressing appeal rights, and advising on enforcement where money is owed. A failure to properly manage this stage can leave clients confused, frustrated, or exposed to missed opportunities. This session ensures you understand how to close a matter with clarity, professionalism, and control.

2. How You Handle Losses Defines Your Professional Reputation

There will be cases that fail to succeed — and how you respond when things go wrong matters. This includes advising clients honestly about outcomes, identifying what went wrong, assessing appeal options, and recognizing when errors or omissions may have occurred. In some cases, ethical obligations require referral to independent counsel. This session teaches how to manage difficult outcomes without damaging client trust, professional standing, or exposing yourself to further risk.

3. Closing the File Properly Protects Your Practice

File closure involves more than sending a final email. Proper conclusion requires finalizing accounts, returning client property, complying with file retention obligations, and clearly ending the solicitor-client relationship. Overlooking these steps can create lingering liability, regulatory exposure, and administrative risk. This session provides the framework to close files cleanly, confidently, and in full compliance with professional standards — ensuring that every matter ends as strongly as it began.