- SMALL CLAIMS COURT -

They include Small Claims Court (Superior Court of Justice) and the Traffic and Provincial Offences Court (Provincial Courts).

The claim limit in Small Claims Court (either if you are suing or being sued) is $10,000.00 excluding costs and interest.

Examples of claims that we have seen, they can include (there are probably many scenarios however we can only include a few):

1. A sues B for an invoice and B defends stating that the work done was defective;
2. A sues B and C for same invoice because both told him to do the work, they file a similar defence;
3. A sues B and C, and B and C in turn sue A back for defective work;
4. B and C cross claim against Y and Z claiming they owe A the invoice; etc
5. A sues B for taking a deposit and not starting the work (although this can also be a fraud)
6. Or A sues B for loaned money/bounced cheque;
7. A sues for the return of property;
8. A sues for damages to his property, or to him (physical or psychological injuries);
9. A sues for loss of trip from a travel agent;
10. A sues for damage to his car by an un-insured driver:
11. A Landlord sues B Tenant for loss of rent because of breach of Lease; or damages to property;
12. A falls on B’s property and then sues him for injuries;
13. A sues B for breach of a Trust agreement – or breach of contract;
14. A sues B for negligence;

As you will see from the above, there can be many scenarios, in each case involving Mr. A, one can place himself in his position in their own unique circumstances (or you can even be poor Mr. B in which case we can prepare your defence).

The important thing to remember is that you do not have a conferred right to sue automatically, the right to sue someone for damages arises by an ‘operation of law’. In other words, you have to have a legal ‘cause of action’ recognizable in law to sue some one in court. There are also limitation periods that you have to be careful of; we can help you with your case, call us to find out what are rates are.

Our service includes the assessment of your small claim under $10,000.00 (and the following). The process in a nutshell can be broken down into four steps:

Step 1- if you are suing someone (Mr. A); you have the burden to prove your claim. We carefully and with great care prepare the law and evidence before drafting your claim. We attend the court and personally file the claim and pay the filing fees. Then, we attend to properly serve the claim upon the Defendant.

Step 2 – A defence is filed by the Defendant (Mr. B); if the claim is defended, we review and prepare you for what the Trial may involve. Note, sometimes, as in our examples above, the Defendant Mr. B can file a counter-claim against you, or others. In this case, we re-assess your matter and we can help you defend yourself from Mr. B.

Step 3 – The Court issues a Pre-Trial Hearing; we prepare for and attend the Court to represent you at the Pre-Trial. A Pre-Trial is before a Judge of the Court and its purpose is to narrow the legal issues of your action and see if there can be settlement of the claim. If not, then the matter proceeds to a Trial stage, where it is Judgment day.

Step 4 – Trial is usually the final step in claim; we prepare the law (where needed), the evidence, the witnesses and appear before a Judge in a court room where it will be Judgment day. Mr. A and Mr. B (and whoever else involved) give their evidence. Then the evidence is subject to testing (cross examination) and must be applied to the law, and then a Judge gives a decision. A Trial can take anywhere from 3 hours to 4 days (or more) in length depending. It is rare however for a Trial in Small Claims Court to take more one day (or sometimes two days), but on occasion there is not enough time to finish so the Trial is continued to another day.

During all of the above, you must adhere to strict rules and time limits as well as affect proper service of documents and evidence, and if you do not then your claim can be defective, hence invalid.

If the matter is not defended, then the process moves ahead to a Trial by Assessment however you must still follow protocol and present sufficient evidence to prove your claim even if it un-defended.

Conversely, if you are being sued (like Mr. B) , you are a defendant and the process is similar as above, but as a defendant we apprise you of your rights and help you forward a proper Defence to the claim, as well as represent you in court during the whole process.

We can also assist you negotiate a settlement in which case, you will not have to go to a Trial. However, the parties have to both be in agreement to settle and this process is really a joint effort.

We also represent clients on Motions, Debtor Examinations, Garnishments and other procedures in the Small Claims Court. Call us to find out.

Are costs recoverable/payable if I win/lose? Yes Court costs are. But generally, other costs are kept within limits by the Rules of the Court, so if you are looking to recover all your costs for representation, you probably will not. However, some costs you are entitled to as well as cost you will spend on hiring representation. If you are Mr. B and you are not successful you may be subject to pay some costs, but again we can help you limit these, call us for details. Please note that you can’t put a price on good representation, our knowledge and skill will only benefit your case and hopefully you will be content with the results.

The process can take anywhere from 6 months to over a year, depending on how you move the matter along and other extraneous matters.

Now, ask yourself: Want us to represent you in court? Call us!

The above information is NOT to be considered as LEGAL ADVICE. All information on this website is subject to our Disclaimer and any information collected is protected by our Privacy Policy.

- LANDLORD & TENANT -

The Landlord and Tenant Board deals with matters under the Residential Tenancies Act 2006* which deals only with the Residential Tenancies. All tenancies (residential) in Ontario must be terminated in accordance with the act, and the Tribunal has exclusive jurisdiction (some exceptions) to deal with Residential Tenancies.

The Tribunal also gives the highest regard to Human Rights issues (discrimination) and the principles of natural justice, which usually supersede the “act”.

However, not all rental units are covered by the Landlord – Tenant laws, so the Tribunal does not have to deal with problems of repairs, notice period, non payment of rent, harassment etc because it is not within their jurisdiction. There is a process of determining whether the “act” applies, and this can be complicated and if you are either Landlord or Tenant looking for this determination then you will probably need our help.

We represent both the Landlord and Tenant in typical situations: (L is Landlord and T is Tenant)

1. L sues T for rent and seeks an eviction;
2. L sues T for damages to property;
3. L sues for interference with property and other Tenant’s;
4. L sues T for changing the locks;
5. L sues T for invalid termination notice;
6. L sues for an increase in rent above the guideline;
7. L starts application because he wants (or his family) wants to move into the unit
8. T sues L for repairs;
9. T sues L for Tenant’s Rights;
10. T sues L for overpayment of rent;
11. T sues L for abatement or reduction in the rent for withholding services;
12. T uses L for illegal entry or illegal notice;
13. T sues for harassment, coercion and threats;
14. L or T applies to determine whether the “act” applies to their situation;

In each of the cases, L & T are in a residential tenancy. The reasons seem straight forward however if you are not familiar with the Tenant Protection Act and the procedure at the Ontario Rental Housing Tribunal, then you risk a defective application.

If you are a Landlord and you wish to become our client - then (as in the Small Claims Court) the Tribunal adheres to rules and regulations and time limits that the landlord and tenant must follow. Landlord has special responsibilities under the law, and must be careful with things such as defective notice, defective applications, illegal entries, violations of Human Rights of a tenant; that can seriously hinder your case if you are not diligent. We can help you with all of the issues with your Tenants. If you are corporate landlord and you have more than one tenant we can offer you group services that can reduce your costs, and we can work with your tenants to achieve harmony, as the act strives to do, call us for details.

If you are a tenant and you wish to become our client – you have certain rights under the law, and many of our Tenant clients have situations where the landlord wants to evict for the wrong reasons. You also have the right, among other things, to have the property maintained (repairs etc) by the landlord within a reasonable time, not to be interfered with, to have guests, to enjoy the rented and common area of your unit, not to be harassed, threatened or coerced in any way, right to proper notice upon entry, no collection of illegal rent or charges, no demands for advance payment of rent, and you also have Human Rights that are protected as well. If your landlord has violated the law you can seek relief in the Tribunal, however, there are strict guidelines that you have to follow, and you cannot sue your landlord because you are upset with him. A tenant must also be careful not to interfere with the landlord and his property. Tenant must be careful not to file a defective application or it will be dismissed by the Tribunal. We can represent your rights in court, call us for details.

Landlord or Tenant, we deal with both and we can apprise you of your rights under the law, and we can easily assess what type of case you have, send us a FORM with your questions.

The above information is NOT to be considered as LEGAL ADVICE. All information on this website is subject to our Disclaimer and any information collected is protected by our Privacy Policy.

- TRAFFIC COURT -

Traffic Tickets/offences can include getting a Ticket for a moving violation in Car, such as speeding or careless driving, or in an accident involving other vehicles you may be the one charged.

The most typical charges are Speeding, Turn infractions, following too close, Careless Driving and Failing to remain at the scene.

However, people also have received tickets for No Insurance, or making a false statement (contrary to the Compulsory Automobile Insurance Act); Or, under the Highway Traffic Act - driving under suspension, without a licence, which all carry heavy fines ($6000 for first offence) plus possible Driver’s Licence suspension.

In a collision, usually one of the driver’s is charged with an offence; the Police have to charge someone in order to make a complete report. However, the Driver charged could be as innocent of the offence as the other driver. Not all accidents that involve a collision amount to a violation of the traffic laws.

Moreover, while both the Highway Traffic Act and Compulsory Automobile Insurance Act make out the most common offences in private everyday moving violations.

Some traffic offences require an intention element to exist to be found guilty, for example, you must have intended to commit the offence or you were reckless about it; whilst some others are regulatory offences and do not require that you intended to commit the offence.

As in Provincial Offences, in either scenario the Crown must prove it to make the charge stick.

If a Police Officer has violated your Charter Rights (which everyone in Canada is protected under) or you think you may have been a target of racial profiling, then you could be entitled to an acquittal of the charge.

Conversely, you have Charter rights that allow you to have the right to get full disclosure of the charge and reasons, among other things, and also have a right to your day in Court and to put up a Defence.

The burden to prove the case is on the Crown. So don’t just plead guilty or make a deal without having us by your side – KNOW YOUR RIGHTS!

A conviction on your record could have lasting and negative effects, including raising your Insurance premiums – call us first!

Our success rate is excellent and we have over 12 years experience. However, this should be of little importance to you because every case is different and there certainly is NO evidence that hiring an old Cop with a money-back guarantee to represent you will win your case or better your chances, in any way.

We deal with less volume of traffic tickets than the other agencies with former Cops, so we pay attention to your matter more closely.

Remember, every case is different and need different attention, how can you do this if you are handling thousands of traffic tickets? The answer is you can’t! Unfortunately, most of the other agencies that deal in volume traffic tickets cut deals with the Crown too easily.

What if you are not guilty, should you still take a deal? Most people cut deals with the Crown without knowing their rights, and this goes against all fundamental principles of Justice and fairness. The Crown knows the law, and the average person does not. There is no real difference from reducing a ticket from 4 points to 3 points, and anyone can do this with the Crown. We offer you representation in the court; look at all avenues available to you, so that if it is better for you make a deal then to go to a Trial, then at least you know you are doing it for the right reasons.

We do not have a Win or it’s free policy, simply because that is just an advertising gimmick, nothing is free! Look at the fine print of any agency offering this to you.

Our clients are our Evidence, they are happy with our success for them. We provide you with personal service and our job is to provide you with the best representation possible. We do this by making sure that you are involved each step of the way.

The Demerit Point System in Ontario

No Demerit Points are deducted for Driving with No Insurance, making a false statement, Without a Licence or While Suspended. But, these charges carry heavy fines and a further Suspension of your licence.

Demerit points remain on your driving record for two years from date of the conviction.

Demerit Point Suspension

Fully Licensed Drivers
At 15 points, your licence will be suspended for 30 days from the date you hand over your licence to the Ministry of Transportation. You can lose your licence for up to two years if you fail to hand over your licence. After the suspension, the number of points on your driver's licence will be reduced to seven. Any extra points could again bring you to the interview level. If you reach 15 points again, your licence will be suspended for six months.

Graduated Licensing
As a Level One or Level Two driver, your licence will be suspended if you collect nine or more points during a two-year period. At nine points your licence will be suspended for 60 days. After the suspension, the number of points on your record will be reduced to four. Any extra points could again bring you to the interview level. If you reach nine points again, your licence will be suspended for six months.

For further information contact the nearest Ministry of Transportation Driver Examination Centre.

Source: Highway Traffic Act and various websites*

The above information is NOT to be considered as LEGAL ADVICE. All information on this website is subject to our Disclaimer and any information collected is protected by our Privacy Policy.

- PROVICIAL OFFENCES COURT -

Provincial Offences are also dealt within the same courts that Traffic Tickets are in; but the penalties are usually more severe and some of the offences can even stay on your record. Depending on the type of offence you are charged with, they can cause trouble for you at your work and can require an element of dishonesty to be convicted, and if you are convicted one can draw an inference that you are a dishonest person.

The type of Provincial offences can include charges/summons laid under various legislations, which usually involve a penalty and fine and/or imprisonment if you are convicted. Some Provincial Offences are quasi-criminal and others are regulatory offences (which do not require a dishonest or intention element to exist, for you to be convicted).

Examples of Provincial offences can include (but are not limited to);

1. Charges for not conducting your business in accordance with the Business Practices Act or Consumer Protection Act;
2. Not keeping a clean restaurant, food contamination, contrary to the Health Protection and Promotion Act;
3. Not keeping your dog on a leash, dog injures or damages property, contrary to the Dog owner’s Liability Act;
4. Being intoxicated in a Public Place, endangering yourself and others in a bar or public event, contrary to the Liquor Licence Act;
5. Upon an inspection by the Fire Marshall, one could be charged with an offence of not complying with the Inspection Order (to fix, or add something to make the property safer) under the Fire Protection and Prevention Act;
6. Selling, or offer to Sale, expose or advertise for sale, a motor or motor vehicle that does not comply with the regulations contrary to the Environmental Protection Act
7. Receiving payments/Dishonestly from WSIB or the Government like E.I. benefits etc and more.

Each legislation that a person can be charged under should clearly specify the offence.

Some offences require an intention element to exist to be found guilty, for example, you intended to commit the offence or that you were reckless about it; whilst some others are regulatory offences and do not require that you intended to commit the offence. As in Traffic Law in either scenario the Crown must prove it to make the charge stick.

Like in Traffic law, if a Police Officer has violated your Charter Rights (which everyone in Canada are protected under) or you think you may been a target of racial profiling, then you could be entitled to an acquittal of the charge.

Conversely, you have Charter rights that allow you to have the right to get full disclosure of the charge and reasons, among other things, and also have a right to your day in Court and to put up a Defence.

The burden to prove the case is on the Crown, So don’t just plead guilty or make a deal without having us by your side – KNOW YOUR RIGHTS!

The above information is NOT to be considered as LEGAL ADVICE. All information on this website is subject to our Disclaimer and any information collected is protected by our Privacy Policy.

- APPEALS OF SORTS -

Most Tribunal’s (and courts) have an Appeal Process, call us to find out.

If you feel that your case or decision in your case has been unfair, then you can appeal it.

We can assist you with Appeal process in Traffic Court / Provincial Court, Landlord & Tenant and Small Claims Court. But there are certain exceptions, please call for details.

- LICENCE APPEALS -

In cases where you have received a letter suspending, rejecting or denying you a Licence (i.e. OMVIC or Driver’s Licence for medical reasons,) and you are referred to the Licence Appeal Tribunal; we can help you to appeal that decision.

Appeals to the Licence Appeal Tribunal must be done within strict time limits and if that is your problem then you must call us fast!

Licence Appeal Tribunal:

The Tribunal provides a fair, efficient, impartial and independent means to appeal decisions concerning compensation claims and licensing activities regulated by the Ministry of Consumer and Business Services, the Ministry of Transportation, the Ministry of Community, Family and Children's Services, the Ministry of Training, Colleges and Universities and the Ministry of Municipal Affairs and Housing.

Involving:

1. Appealing your Administrative Driver's Licence Suspension
2. Appealing A Suspension Or Cancellation Of Your Driver's Licence For A Medical Reason
3. Appealing your Commercial Vehicle/Trailer Impoundment And Suspension Order
4. Appealing the Denial of Your Claim
5. Appealing The Downgrading Of Your Driver's Licence
6. Appealing your Motor Vehicle Impoundment Order
7. Appealing the Proposal/Order
8. Appealing the Decision/Proposal/Order Concerning Your Licence

Source: LAT website

CALL or fill out our FORM for an initial consultation today.

- ADMINSTRATIVE TRIBUNALS -

Include the Ontario Rental Housing Tribunal, Licence Appeal Tribunal, Human Rights, Employment Standards and Labour Board, and OTHER Administrative Tribunals. Just check with us if you are not sure.

Tribunal means it is like a court, it is quasi-judicial and created for a particular area of law or statute with its own set of rules, i.e. Tenant Protection Act, 1997 created the Ontario Rental Housing Tribunal. Similarly, employment law and human rights have a tribunal as well. Most Tribunal’s (and courts) have an Appeal Process, call us to find out.

- PLEASE NOTE -

Most of the Courts and Tribunals follow strict rules with regard to Notices, Service of documents, filings, adjournments, evidence and disclosure of documents and general court procedure. To complicate matters further there are time limits to adhere by and most of us cannot spend hours waiting in the queue at the court to find out information of to file papers.

Moreover, even matters that start small can get complicated and can require repeat attendances for extraneous reasons. You must also have some knowledge of the law behind your claim/defence, otherwise you may have a difficult time and it could cost you your case.

We are experienced in arguing the law in the courts and tribunals so call us for an initial consultation today or fill out our FORM.

It is good idea to have someone represent you if the case involves more than one issue, or the one issue is complicated. Talk to us and we will be glad to help you.

If we haven't mentioned what you may need, then please call us for a free initial 15 minute telephone consultation at 416-201-8882. Or visit our HELP page to fill out a general inquiry form.

- DISCLAIMER -

We are a Paralegal and Court Agent service only. Paralegals and Court Agents can only deal with certain courts and tribunals; we are not Lawyers (Barristers or Solicitors) or members of the Law Society. We do not hold ourselves out to be or make such representations anywhere.

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- LEGAL NOTICE -

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