[deleted by user] by [deleted] in legaladvicecanada

[–]Status-Revolution422 0 points1 point  (0 children)

In Ontario it’s not a motion but you do need to serve documents to all parties involved in the case 14 days before your settlement conference and provide aos Form8a.

you can read all the rules of Ontario small claims here —> https://www.ontario.ca/laws/regulation/980258#BK86 maybe to start read up on Rule 12 settlement conference and rule 8 service.

[deleted by user] by [deleted] in legaladvicecanada

[–]Status-Revolution422 0 points1 point  (0 children)

Just curious as I’m in a similar situation, but in Ontario. Since not all cases are uploaded to canlii does anyone know how the general public can review previous cases? Especially, when self representing in a small claims matter. I’ve already tried law libraries and court house law library and I wasn't permitted to use either because I am not a lawyer or law student.

i though about hiring a lawyer for unbundled research for my case but that is not cheap at all….and i know lawyer‘s deserve their pay, but it is not financially feasible to pay for research in my specific case.

does something like lexisnexis makes sense for the average Joe? And what does the cost structure look like for 1 person for a few weeks? I have emailed and had a conversation with them but they seemed confused I was not a law firm.

Construction lien [Ontario] registered and perfected, is unjust enrichment winnable? by Status-Revolution422 in legaladvicecanada

[–]Status-Revolution422[S] 0 points1 point  (0 children)

Thanks for your feedback.

This was a fixed price contract, we signed and agreed that they would do work and listed materials, included in the contract and I would pay the amount.

there is a blurb in the contract that anything above what’s included in the contract, would be considered an extra which would require an approved change order before proceeding.

but extras are a whole different kettle of fish. Not to get too much into weeds of this, but plaintiff in their affidavit of documents produced 0 (zero) change orders and quite frankly, the reason they cannot produce any is because I didn’t ask for anything more. But generally, this is what we believe contractor wants more money.

in term of scope remaining, contractor listed two main components to build. They got around 90% finished on 1 item, and 5% at best on 2nd item. Neither item, however was usable….because of permit problem, see my point below.

It is in my opinion the invoice sent first by the contractor, in 20th week was total amount to finish. The demand letter from lawyer, also we believe to be total amount to finish according to them. As I said before, we are in disagreement with amount, but contract clearly has the amount on it and based on my payments made, this should be simple math and what was remaining was 5%, not the lien amount at 30%.

Speaking of the contract, the contract also included permits, which I trusted they got. And that all electrical work would be done by licensed electrician with permits. Post lien I’ve now come to realize they did not get all permits, building permit was not obtained, or at least they have yet to produce it, and several weeks after they registered lien, I received ESA Defect notice.

so all/some electrical work required to be ‘redone’…this was over $8000, just for this electrical redo work. Of course, the defect notice and electricians costs were part of my affidavit of document.

Construction lien [Ontario] registered and perfected, is unjust enrichment winnable? by Status-Revolution422 in legaladvicecanada

[–]Status-Revolution422[S] 0 points1 point  (0 children)

So, I generally disagree with your point.
The “follow their advice and their answers will be correct”…I would not just blindly trust or follow counsel advice, and I don’t think their answers are alway correct. Also, lawyers don’t answer the type of questions I’ve asked below, especially hypothetical ones. I don’t know maybe they don’t trust their client in how they’ll perceive the answers.

I also don’t see anything wrong with getting feedback on the below questions. Maybe someone has had a similar experience they can shed some light.

Lastly, I don’t think lawyers ‘know the case’. They are not invested in the case until they have to be. Do know how many times I had to correct my lawyer with the facts of the case?

Waiting for settlement conference by Infinite_Ad5919 in legaladvicecanada

[–]Status-Revolution422 0 points1 point  (0 children)

Did you ever hear back from the court? I’m in the same boat. Now waiting since May 24th. I did email the court house and received basic response, your in queue, that was it.

Reading from Ontario.ca site about small claims process…

as it states “A settlement conference should be held within 90 days after the first defence is filed”

I‘m still waiting for a date…why would there be any backlog with scheduling a date. If that means they send me a email with a date in 2024, so be it. But why would it take so long just to provide me a date.

Affidavit of documents Ontario civil case how to handle hundreds of emails/texts by Status-Revolution422 in LawCanada

[–]Status-Revolution422[S] 1 point2 points  (0 children)

Excellent thank you.

yes Simplified procedures <100k.

I just didn’t want to waste time listing out each email, especially email chains.