Joe Bean owes you $3,000 for hay bales. The deal was made over a handshake. He refuses to pay, saying the bales were unsatisfactory.
You went to the Provincial Court building in Yorkton, Sask., and had a summons issued against him. The summons named April 18, 2006, as the date for a case management
conference.
This is a new process in Saskatchewan. It is not a trial but a meeting with the judge to discuss the case in an attempt to settle it. If the case is not settled, the judge can order the defendant to prepare a statement of defence, and can direct what evidence will be necessary. Witnesses do not attend. This conference will also give you a chance to determine Bean’s defence.
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At this conference the judge may suggest a partial payment. However, if you are confident that the bales were fine, you have the right to insist on full payment. The judge holding the conference will not be the same one who hears the trial.
While small claims court is easier to use, most people will still be anxious about it. Prepare yourself. Be at the courthouse the day of the trial. Your trial is set for 2 p.m., but you may have to wait until other cases finish.
While small claims courts are informal, you will still be sworn in and have to give your evidence under oath.
Your testimony might go like this: “I farm about three miles from Calder, Sask., and on April 19, 2005, I was approached by Joe Bean at my farm. It was about mid-morning. He wanted to know if I had bales for sale. I said I did. We walked behind my barn, where I had about 100 round bales. He examined the bales, put his hand in several and said he wanted 30 bales. He agreed to pay me $3,000. He said he would come to pick up the bales the next day and pay me.
“He came the next day with his hired man. I helped him load the bales. He told me he forgot his chequebook but would come back the next few days. He never did. I phoned him, and he kept telling me he would come soon. He never said anything about the bales being bad.
“I have fed my cattle with the same bales and there was no problem with them.”
After your testimony, Bean or his lawyer or agent can question you.
Your case will be stronger if you have witnesses to back up your story. Was anyone else present when the discussion took place? Did anyone see Joe examining the bales? You have the right to subpoena witnesses who might help your case, such as his hired man.
Judge’s decision
Assume there is no outside evidence, and that Bean said the deal was for top quality bales, and that the bales were mouldy inside. The judge would have to decide who is the most credible.
Small claims judges are accustomed to having people present their own case. The judge may ask questions to ensure all the information is before the court. But a judge must remain impartial.
After the trial, the judge will render her judgment. She might give a decision immediately or provide a written judgment at a later date. The judgment could accept your claim in full and award the costs to you, reject your claim or award part of your claim.
A judge can also establish a
timetable for payment of the judgment. This column has looked at small claims from a Saskatchewan perspective, but there are many
similarities with other provinces.
Next week: collecting on the
judgment.
Don Purich is a former practising lawyer who is now involved in publishing, teaching and writing about legal issues. His columns are intended as general advice only. Individuals are encouraged to seek other opinions and/or personal counsel when dealing with legal matters.
