Since 1995, ASK Legal have been representing clients in various Courts and Administrative Tribunals in Toronto (and various other locations in Ontario).
ASK Legal can REPRESENT you in various Ontario Courts and Tribunals. This includes the various Administrative Boards & Tribunals.
GOING TO COURT?
ASK LEGAL CAN REPRESENT YOU IN:
Small Claims Court (suing or defending for money and/or property claims up to *$35,000) *The limit for suing in Small Claims Court is going up to $35,000 on Jan. 1, 2020
Landlord and Tenant Board (eviction, rent, damages, problem tenant or landlord etc)
Provincial Offences Court (various By-law charges to serious traffic offences, i.e. careless driving, no insurance, accident-related charges)
(Summary) Criminal Charges*
Appeals and Reviews of various decisions
Licence Appeal Tribunal (LAT) – it determines appeals regarding the suspension, denial or revocation of various types of licences in Ontario)
Social Justice Tribunals (SJTO) matters: Human Rights Tribunal (HRTO), Social Benefits Tribunal (SBT), Criminal Injuries Compensation (CICB), Custody Review Board (CRB), Child & Family Services Review (CFSR) and Ontario Special Education Tribunal (OSET)
Employment Standards matters (employer/employee rights, Human Rights issues, hiring & firing)
Ontario Labour Relations Board (OLRB), ASK LEGAL can deal with the Review (appeal of sorts) of Labour Board officer’s decision to pay and violations of the Occupational Health & Safety Act
Other Administrative Tribunals, such as: Workplace Saftey & Insurance Appeals Tribunal (WSIAT)
More if you wish to discuss any other matter, please send an inquiry FORM
It is imperative you understand that advise given to clients by ASK Legal is strictly on the basis that including but not limited to the areas of law as mentioned in the services, for which ASK Legal are licensed to practice in. You understand and agree to this disclaimer when you use a free consultation and/or retain ASK Legal services. *As a Licensed Paralegal, ASK Legal only represent clients in criminal charges where the crown has elected to proceed by way of Summary Conviction, and the accused is subject to a term of imprisonment of no more than six months.
SMALL CLAIMS COURT:
The Small Claims Court is a branch of the Superior Court of Justice and is governed by its own set of Rules which come from the Courts of Justice Act.
Small Claims Court is not so “small” anymore. As of January 1, 2020, the Small Claims Court monetary limit has gone up to $35,000.00. This means that as of January 1, 2020, you can sue for money or property for at least $35k. This is a $10k increase over the last 10 years. Whether you are on the winning side or not, a claim brought for $35k, with interest and costs, can end up being substantially more in a judgement at the end, and can have an equally substantial impact on you.
There are some cost & time saving benefits in suing in the Small Claims Court, even if your actual claim may be higher than 35k. For example, if you have a claim worth 40-50k, or more, can still sue for the maximum in Small Claims Court. The legal costs in the higher court will usually be much higher than Small Claims Court, and will usually offset the lower amount the party for. The usual time it takes for a disputed claim, from beginning to end, in a typical small claims court matter, is about 6 months to 12 months (each court is different, and the amount of time is dependant on each parties moving things along).
The Rules of the Small Claims Court can be complex; If you want things done right, you will need our experience, knowledge and expertise to represent you. ASK Legal have a 3-step plan with easy flat fees for each step that makes ASK Legal representing you, as easy as 1-2-3.
ASK Legal is experienced in all Small Claims Court matters.
With ASK Legal; legal service, you can properly utilize the Small Claims Courts as a mean of resolving your legal dispute relatively quickly and efficiently! To benefit from it, with the best chance at being successful, it is recommended you have ASK Legal represent you from the preparations of the legal pleadings (papers) – Step 1 – all the way to the last step!
PITFALLS OF SMALL CLAIMS COURT:
1. Don’t try and prepare your own paperwork, forms, and pleadings!
The Court staff will not (and cannot) give you legal advice or tell you how to prepare your forms! You will find this out when you go to the court and stand in line (for hours most of the time).
Complicated (or even what may seem simple, is actually not) paperwork and forms prepared incorrectly can lead to problems down the road where your case can get tossed out, or you will have to engage in complex changes (amendments) later. Or you may not be including all your claims you are entitled to. This can lead to being out of time by operation of a statute of limitations as you cannot then sue again, or claim what you should have!
2. Don’t try and argue the case in court yourself
Don’t go it alone! Have ASK Legal by your side!!
EXAMPLES OF TYPICAL SMALL CLAIMS LAW SUITS:
Examples of claims that ASK Legal have seen, they can include (there are many different types of scenarios, however, ASK Legal 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 sues A back for defective work;
4. B and C file a 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, such as a car, a computer, machinery, or jewellery;
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 after the tenant moves out; 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 A, one can place himself in his position in their own unique circumstances (or you can even be poor old B in which case ASK Legal 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; ASK Legal can help you with your case, call ASK Legal to find out what are rates are.
ASK Legal service includes the assessment of your small claim under 325,000.00 (and the following). The process in a nutshell can be broken down into four steps:
Step 1- if you are suing someone (A); you have the burden to prove your claim. ASK Legal carefully and with great care prepare the law and evidence before drafting your claim. ASK Legal attend the court and personally file the claim and pay the filing fees. Then, ASK Legal attend to properly serve the claim upon the Defendant.
Step 1 (a) – A defence is filed by the Defendant (B); if the claim is defended, ASK Legal review and prepare you for what the Trial may involve. Note, sometimes, as in ASK Legal examples above, the Defendant B can file a counter-claim against you, or others. In this case, ASK Legal re-assess your matter and ASK Legal can help you defend yourself from B.
Step 2 – The Court issues a Settlement Conference (Pre-Trial Hearing); ASK Legal 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 Trial stage, where the Judge presiding will decide the case after hearing all of the evidence, law, legal submissions, and arguments;
Step 3 – Trial is usually the final step in claim; ASK Legal prepare the law (where needed), as well as the evidence; ASK Legal brief the witnesses and advice you. ASK Legal appear before a real Judge in an Ontario court room where your trial will be heard and the Judge will ultimately make a Judgement. A and B (and whomever else involved) give their evidence, and the evidence is subject to testing (cross examination) and must be applied to the law, and then a Judge gives a decision at the end of it all. A Trial can take anywhere from 3 hours to a couple of days (Trial dates you have to come back) in length depending on various factors. 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, until its finished.
During the trial process, you are expected to know the law about your case, and you must adhere to strict rules; you must also be aware of time limits and would have to have properly served all of the documents and evidence well advance of your trial; if you do not then your case can be severely compromised and you could face ramifications against you.
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.
If you are being sued (like B) , you are a defendant and the process is similar as above, but as a defendant ASK Legal 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.
ASK Legal 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.
ASK Legal also represent clients on Motions, Debtor Examinations, Garnishmentsand other procedures in the Small Claims Court. Call ASK Legal 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 ASK Legal can help you limit these, call ASK Legal for details. Please note that you can’t put a price on good representation, ASK Legal knowledge and skill will only benefit your case and hopefully you will be content with the results.
LANDLORD & TENANT
The process can take anywhere from 6 months to over a year, depending on how you move the matter along and other extraneous matters.
LANDLORD & TENANT
ASK Legal deal with all Landlord and Tenant eviction and damages applications in the Greater Toronto Area and parts of Ontario.
The Ontario Landlord Tenant Board/Tribunal is legislated to hear all matters pertaining to residential landlord-tenant issues. The monetary limit is currently $25,000.00 – this means either a landlord or a tenant, can claim this as the maximum amount for rents owing, abatements, damages and penalties (legal damages) for various breaches of the landlord tenant legislation. It is set up much in the same way as any Ontario Court and its governed by sets of rules of evidence, and statutes (laws) that give the Adjudicator (some refer to them as judges) to make orders (judgments) in favour of the successful party. In much the same way as any Court or legal proceeding – as it relates to due process, natural justice and the Rule of Law, as well as rules of evidence – the LTB is supposed to run the same way. Although this may seem straightforward enough – it’s not! This area of law is extremely technical; in addition to some of the hidden complexities forms and the rules, almost all of the cases are highly acrimonious and emotional as between the parties (the landlord and the tenant). Neither landlord or tenant will like the other very much at this point! This is because the landlord is fighting for “their” property, and the tenant is fighting for “their” home and primal instincts kick in when the two are fighting one another in a court setting. ASK Legal have been representing clients at the Board since it’s inception in the mid to late 90’s. ASK Legal have dealt with hundreds of different type of applications (matters) as described on this page and have been quite successful in either resolving the cases, and/or in obtaining orders (decisions) upon a hearing. It is very important not to underestimate your legal matter, no matter how small it may appear to be at first…..and more importantly, not to underestimate the power of competent legal representation you get with experience that ASK Legal have. Don’t let that happen to you – have ASK Legal full support; call ASK Legal and have ASK Legal by your side! These are typical types of Applications (claims) that come before the landlord tenant court; -Rent Arrears; non-payment of rent; -Damages to rental unit or residential complex; -Bad behaviour: interferences of reasonable enjoyment, harassment and the like; -Landlord or his/her family want to move in to the rental unit; -Maintenance, repairs as well as breaches of landlord’s’ and tenant’s’ obligations; -Abatement, rebate and rent reduction issues; -Unauthorized occupants; ASK Legal deal with all types of litigation regarding landlord and tenant matters. Call ASK Legal at 416-201-8882 PART 2 (Background): Formerly called the Ontario Rental Housing Tribunal – Now, the Landlord and Tenant Board of Ontario deals with matters under the legislation called the Residential Tenancies Act 2006. They deal residential Tenancies in Ontario.
All tenancies (residential) in Ontario must be terminated in accordance with this act, and the Board has exclusive jurisdiction (with some exceptions) to deal with all the Residential Tenancies.
The Board is also mandated to give the highest regard, and observe, Human Rights’ issues (discrimination) as well as the principles of natural justice – rights that cannot be usually trumped by the act however must be nonetheless balanced with it.
However, not all rental situations are covered by the act: meaning some situations can appear to be covered by the landlord-tenant laws, however to determine whether they are or not can be a process complicated as any normal case that comes before the Board as it is based on factual pattern and the parties’ conduct. If you are either a Landlord or Tenant looking for this determination, then you will need ASK Legal representation and expertise.
ASK Legal represent both the Landlord and Tenant in typical situations: (L is Landlord and T is Tenant)
- L sues T for rent and seeks an eviction;
- L sues T for damages to property;
- L sues for interference with property and other Tenant’s;
- L sues T for changing the locks;
- L sues T for invalid termination notice;
- L sues for an increase in rent above the guideline;
- L starts application because he wants (or his family) wants to move into the unit
- T sues L for repairs;
- T sues L for Tenant’s Rights;
- T sues L for overpayment of rent;
- T sues L for abatement or reduction in the rent for withholding services;
- T uses L for illegal entry or illegal notice;
- T sues for harassment, coercion and threats;
- 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 Landlord Tenant Board then you risk a defective application.
If you are a Landlord and you wish to become ASK Legal 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. ASK Legal can help you with all of the issues with your Tenants. If you are corporate landlord and you have more than one tenant ASK Legal can offer you group services that can reduce your costs, and ASK Legal can work with your tenants to achieve harmony, as the act strives to do, call ASK Legal for details.
If you are a tenant and you wish to become ASK Legal client – you have certain rights under the law, and many of ASK Legal 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. ASK Legal can represent your rights in court, call ASK Legal for details.
Landlord or Tenant, ASK Legal deal with both and ASK Legal can apprise you of your rights under the law, and ASK Legal can easily assess what type of case you have, send ASK Legal a FORM with your questions.
PROVINCIAL 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);
- Charges for not conducting your business in accordance with the Business Practices Act or Consumer Protection Act;
- Not keeping a clean restaurant, food contamination, contrary to the Health Protection and Promotion Act;
- Not keeping your dog on a leash, dog injures or damages property, contrary to the Dog owner’s Liability Act;
- Being intoxicated in a Public Place, endangering yourself and others in a bar or public event, contrary to the Liquor Licence Act;
- 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;
- 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
- 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 ASK Legal by your side – KNOW YOUR RIGHTS!
APPEALS OF SORTS :
Most Tribunal’s (and courts) have an Appeal Process (or Review), call ASK Legal to find out.
If you feel that your case or decision in your case has been unfair, then you can appeal it.
ASK Legal can assist you with Appeal process in Traffic Court / Provincial Court or Reviews in the Landlord & Tenant, and in some cases, the Small Claims Court. But there are certain exceptions, please call for details.
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; ASK Legal 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 ASK Legal 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.
- Appealing your Administrative Driver’s Licence Suspension
- Appealing A Suspension Or Cancellation Of Your Driver’s Licence For A Medical Reason
- Appealing your Commercial Vehicle/Trailer Impoundment And Suspension Order
- Appealing the Denial of Your Claim
- Appealing The Downgrading Of Your Driver’s Licence
- Appealing your Motor Vehicle Impoundment Order
- Appealing the Proposal/Order
- Appealing the Decision/Proposal/Order Concerning Your Licence
Source: LAT website
ADMINISTRATIVE TRIBUNALS :
Include the Landlord Tenant Board, Licence Appeal Tribunal, Human Rights, Employment Standards and Labour Board, and OTHER Administrative Tribunals. Just check with ASK Legal if you are not sure.
Tribunal/Board means it is like a court, it appoints Member/Adjudicators to decide cases; it also can be a quasi-judicial style Tribunal/Board, and is created for a particular area of law or statute with its own set of rules, i.e. Residential Tenancies Act, 2006 created the Landlord Tenant Board. Similarly, employment law and human rights have a tribunal as well. Most Tribunal’s (and courts) have an Appeal and/or Review Process, call ASK Legal to find out.
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.
ASK Legal is experienced in arguing the law in the courts and tribunals so call ASK Legal for an initial consultation today or fill out ASK Legal 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 ASK Legal and ASK Legal will be glad to help you.
If ASK Legal haven’t mentioned what you may need, then please call ASK Legal for a free initial 15 minute telephone consultation at 416-201-8882. Or visit ASK Legal inquiry form.
ASK Legal offer legal representation services only. ASK Legal is licensed by the Law Society to represent clients in certain legal matters and before specific courts and all Administrative tribunals in Ontario. ASK Legal do not hold ourselves out to be or make any different representations anywhere.
As a visitor to this website, you understand and agree with ASK Legal disclaimer when you make an enquiry or end up using ASK Legal services for any matter.
Below is useful information has been provided to help ASK Legal website visitors with typical questions that ASK Legal often get calls on. Please review the information before calling ASK Legal.
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It is NOT intended to be construed as legal advice.
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