Motor Vehicle Personal Injury Claims and Small Claims Court: Important Lessons about the Deductible, the Threshold and the Monetary Jurisdiction of Small Claims

Increasingly, plaintiffs are opting to commence their motor vehicle personal injury claims in Small Claims Court. There are undoubtedly advantages to litigating in Small Claims including expediency, accessible procedures, and less onerous discovery obligations. Perhaps the most alluring aspect of Small Claims Court is the ability to circumvent the costs risks of litigation in Superior Court.  

Whatever the reasons may be, this upward trend has been endorsed by the Divisional Court which has confirmed that there is neither inability nor lack of jurisdiction in Small Claims to adjudicate personal injury claims.[1] 

However, for lawyers who are accustomed to litigating motor vehicle personal injury claims in Superior Court, Small Claims Court can raise a number of questions and possible concerns, particularly surrounding the application of the monetary threshold and deductible. This article seeks to answer these questions, and provide general guidance on litigating motor vehicle personal injury actions in Small Claims.