SMALL CLAIMS 

 

What happens if you're being sued?

Under the Small claims court rules, the defendant has twenty days to serve and file a defence.  It is important to respond to the claim promptly as a default judgement could be noted against the defendant. 

What happens once a judgement or default judgement  order is issued? 

Once a judgement or default judgement is made, the Plaintiff can start the enforcement process if the Defendant does not follow the order.  

What is an Enforcement process?

There are two types of enforcement process. 1) Garnishment 2) Writ of Seizure and Sale - which can be Personal  Property or land.  The is done through filing with the Sheriff to enforce the judgement or it can be done through writs of seizure and wage garnishments. 
 

Can Small Claims cases be appealed?

If the amount is less then $2500, no it cannot be appealed.  If it is more, than it can be appealed to a divisional court if there was an error in the judges order and this must be done within 30days. 

What is the process to start a lawsuit?

1. Submit Form 7A - Known as a statement of claim 

2. Gather all evidence that is required support the claim, attaching it with the 7A form

3. Issue your claim at the Small Claims court. 

4. Serve the Issued Claim on the defendant.  All defendants needs to be served with the copy of the issued claim. 

5. Once these steps are met, the defendant now has 20days to file a defence. 

 

LANDLORD AND TENANT 

Can Cannabis plants be grown in a rental unit?

If there is an agreement on the lease stating this is prohibited, then no you may not breach the contract.  Under the Federal Law in accordance with the Cannabis Act one is allowed to grow up to four plants.  So for landlords that are not favorable to this regulation, you would need to add that to your lease agreement at the onset and this must be done by legal representative. 

How often can the rent be increased?

Landlords are allowed to raise the rent every twelve months, but a notice needs to be provided to the tenant 90days prior and must follow proper service.  In Ontario there is a percentage that the landlord is allowed to legally increase and this can be looked under the Ontario Rent Increase Guideline. 

Tenant is making false allegations regards to non-repairs, as a landlord what can be done?

Proof of repairs, communications through email, receipts, pictures should be kept. 

What is the process if I want to evict a tenant for non payment of rent. 

Serving the tenant a Notice to End a Tenancy Early for Non-payment (N4).  If the tenant pays by the given date which is within 14days than the tenant is not obligated to move out.  If the tenant does not pay than the landlord can apply to the Landlord Tenant Board (LTB) to have the tenant evicted.  Once the landlord files the application, than the LTB would send both the landlord and the tenant a package in the mail with the hearing details

What is Bill 184 and why was it passed?

Bill 184 has been passed so that a landlord can evict the tenant through a mediation and a hearing is not required.  This also allows the landlord to collect arrears and any moneys owing  by the tenant even after the tenant has vacated the unit within a year without going to small claims court.   Prior to Bill 184 where a tenant is no longer residing at the premise,  the landlord can only collect the amount through filing a claim through small claims court.   The Bill 184 is also in favor to tenants, in which the tenants can get compensation for wrongful evictions by landlords. 

 

TRAFFIC TICKETS

 

What happens once the ticket is filed and it is taking along time to set a trial date?

Under the Canadian Charter of Rights there is a time limit for the trial to be set and tried.  If this exceeds the time period than it can be used as a ground for dismissal.

How can I get a copy of the disclosure?

A Request for Disclosure form can be submitted to the courts as the accused has Constitutional rights to know what evidences would be used in the case.

How long does a Speeding Ticket conviction and demerit points stay on the record. 

Speeding ticket convictions stay on the record for 3 years from the conviction date and the demerit points will stay on the record for 2 years from the charge date. 

Can I re-open a Part III summons?

No.  Part III summons does not allow to submit a re-opening application. This can only be done through an Appeal and can only be done if there are any grounds to do so. 

How many Demerit points are there on a Fail to Stop for School Bus?

There are six demerit points and the fine can be up to $2000 on first conviction and up to six months imprisonment.  It can be both fine and jail it there is a subsequent conviction.  

 

 

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