– FREQUENTLY ASKED QUESTIONS –
– Scroll below for lots of information –
1. Do you help evict Tenants who haven’t paid the rent?
Yes. Under the Residential Tenancies Act of Ontario, the failure to pay rent in a timely fashion, or altogether, may end up in termination of the tenancy. If the tenant pays their rent eventually during the process of eviction, this then voids the process (termination) – however, if they don’t pay rent within the allowable time period, then they can be terminated based on a proper termination Application being filed. Regardless, the tenant then has to pay your costs of filing plus the rent.
In cases where the tenant is habitually (often or frequently) late in paying rent causing the landlord a headache , ASK Legal can help the landlord evict/terminate the tenant or resolve the matter where for example the tenant agrees to pay rent on the 1st day of every month. If the order is not followed, then the Landlord can apply for termination “ex parte” (without notice) to the tenant and get an automatic termination of tenancy.
2. I just want the Tenant gone – I don’t care about the rent!?
OK. But the Law prohibits the eviction of tenants just because you don’t like them any longer! However, with your legal firm there are ways ASK Legal can help you resolve matters. If not, there are the reasons you may bring forward in a case against the tenants which may be the reasons why you came to dislike your tenants in the first place.
They pay rent late? Harass you or use foul language towards you or others on the property? Damaged property? They have somehow substantially interfered with the reasonable enjoyment of others of the property? These are all grounds to terminate, or to use as negotiating tools to obtain a mutual or negotiated termination of the tenancy. ASK Legal success rate is execellent at terminating (and or resolving) tenancies!!
The answer is: NO!! They cannot give you legal advice (even what to do as that is considered legal advice). The landlord tenant law and the landlord tenant legal forms, notices and procedures are very technical! They are not always as straightforward as many think. In fact, since ASK Legal have been representing clients (landlords and tenants) in the Landlord Tenant Tribunal/Board since it first started in the mid 90’s – and ASK Legal have seen many landlords and tenants, when they call ASK Legal office and tell ASK Legal they had listened and taken the wrong advice from the call centre at the Board and had their cases thrown out for being defective or using the wrong forms. It is not because the staff did anything wrong, but the landlords or tenants hadn’t had their case properly analyzed – legally – like ASK Legal firm does ASK Legal clients!
Do you deal with both Landlord and Tenant Applications?
Yes of course. ASK Legal legal services are for both; however, the laws relating to landlord tenant can be confusing to the general public but with your years of experience ASK Legal is easily able to deal with both spectrums due to ASK Legal experience and knowledge of the law.
4. What about if the Landlord is harassing us/or has failed to maintain the property?
Yes, ASK Legal deals with this as well. Like the tenants obligations to pay rent and maintain the rental unit. The Landlord has obligations to maintain, repair and replace with regard what is needed to keep the property in a state of good repair and maintenance. If the landlord fails and or neglects to do this, there could be an abatement awarded by the Tribunal, or an order to repair, same with interference with the reasonable enjoyment of the unit or harassment.
5. How long does it take?
Generally, a few weeks to a month or so before ASK Legal can get to court after the last notices have been served. Sometimes, it may take slightly longer depending on the issues and if one of the parties decides to put in their own landlord or tenant application, in this case the Tribunal prefers to hear both cases on one day, rather than splitting it up.
6. Do I need to come to court?
Generally Yes. Depending on the issues, you may be required to give evidence on your own behalf. Or you may want to have witnesses attend to come to court. It is always a good idea to attend all court hearings for the reason that if the matter should be settled, you are present to give ASK Legal your instructions.
Sometimes, the matters between Landlords and Tenants are settled through mediation. ASK Legal have had tremendous success in this aspect. Settlement can mean anything from a termination of the tenancy, to a payment of money or terms and or conditions both parties have to follow. Mediation is an excellent idea and ASK Legal is pros at it.
8. I’m thinking of suing in small claims court, should I?
This decision is really yours. ASK Legal can only give you some of the facts. It is imperative to understand that a “judgment” and the end does not guarantee the money in your hands right away. You may have to enforce the judgement by garnishment, seizure of property and other methods.
The small claims court of Ontario allows you to sue for a maximum of $25.000.00, not including costs and interest and legal fees. It is worth it when the party you are suing has residence or business in Ontario or you have documentation, contract or other materials to prove your case, or you have witnesses in place to substantiate the claim. Suing can consume a lot of your time, and can be very confusing with paperwork. Mistakes are often made or important facts are left out of the claim, making your claim fatal. ASK Legal draft, file and serve your claim professionally for you, ASK Legal represent you in court at the Settlement Conference and Trial.
Don’t go to court on your own, have ASK Legal by your side!!
Here is complimentary information on how you can contact the Small Claims Court- see below for all addresses and telephone numbers.
Remember, Court or Board staff cannot give you legal advice, or fill out your forms for you.
Call ASK Legal at 416-201-8882 for legal services, including drafting legal forms and documents and representing you in court.
Ontario Small Claims Court Locations
Toronto Small Claims Court
47 Sheppard Ave. East 3rd Floor, Toronto, Ontario M2N 5N1
Etobicoke Small Claims Court
[See Toronto Small Claims Court]
North York Small Claims Court
[See Toronto Small Claims Court]
Scarborough Small Claims Court
[See Toronto Small Claims Court]
Brampton Small Claims Court
7755 Hurontario Street, Brampton, Ontario L6W 4T6
Ph 905-456-4744 Fx 905-456-4720
Richmond Hill Small Claims Court
855 Major Mackenzie Dr. E. Richmond Hill, Ontario L4B 4C6
Oshawa Small Claims Court
150 Bond Street East Oshawa, Ontario L1G 0A2
Brantford Small Claims Court
70 Wellington St. Brantford, Ontario N3T 2L9
Cambridge Small Claims Court
89 Main St. Cambridge, Ontario N1R 1W1
Chatham Small Claims Court
425 Grand Ave W (Entire Bldg) Chatham, Ontario N7M 6M8
Goderich Small Claims Court
1 Courthouse Sq. Goderich, Ontario N7A 1M2
Guelph Small Claims Court
74 Woolwich St. Guelph, Ontario N1H 3T9
Kitchener Small Claims Court
20 Weber St. E. Kitchener, Ontario N2H 1C3
Leamington Small Claims Court
7 Clark St. West Leamington, Ontario N8H 1E5
London Small Claims Court
80 Dundas St. London, Ontario N6A 6A3
Orangeville Small Claims Court
10 Louisa St. Orangeville, Ontario L9W 3P9
Owen Sound Small Claims Court
611 – 9th Ave. East, Owen Sound Ontario N4K 6Z4
Sarnia Small Claims Court
700 N. Christina Street, Sarnia, Ontario N7V 3C2
Simcoe Small Claims Court
50 Frederick Hobson VC Drive, Simcoe, Ontario N3Y 4L5
Windsor Small Claims Court
245 Windsor Ave. Windsor, Ontario N9A 1J2
Bancroft Small Claims Court
5 Fairway Blvd., Bancroft, Ontario K0L 1C0
Belleville Small Claims Court
235 Pinnacle St. Belleville, Ontario K8N 3A9
Brockville Small Claims Court
41 Court House Square, Brockville, Ontario K6V 7N3
Cornwall Small Claims Court
29 Second St. W. Cornwall, Ontario K6J 1G3
Kingston Small Claims Court
5 Court Street, Kingston, Ontario K7L 2N4
Napanee Small Claims Court
41 Dundas St. W. Napanee, Ontario K7R 1Z5
Ottawa Small Claims Court
161 Elgin St., 2nd Fl. Ottawa, Ontario K2P 2K1
Pembroke Small Claims Court
297 Pembroke Street East, Pembroke, Ontario K8A 3K2
Perth Small Claims Court
43 Drummond St E. Perth, Ontario K7H 1G1
Barrie Small Claims Court
75 Mulcaster Street, Barrie, Ontario L4M 3P2
Ph 705-739-6111 F
Bracebridge Small Claims Court
47 Sheppard Ave. East 3rd Floor, Toronto, Ontario M2N 5N1Ph
Collingwood Small Claims Court
49 Huron St. Collingwood, Ontario L9Y 1C5
Huntsville Small Claims Court
36 Chaffey St. Huntsville, Ontario P1H 1J4
Kirkland Lake Small Claims Court
140 Government Rd, E. PO Box 730, Kirkland Lake, Ontario P2N 3K1
Lindsay Small Claims Court
440 Kent St. W. Lindsay, Ontario K9V 6G8
Midland Small Claims Court
605 Yonge St. Midland, Ontario L4R 2E1
Minden Small Claims Court
7 Milne St. Minden, Ontario K0M 2K0
North Bay Small Claims Court
Orillia Small Claims Court
700 Memorial Ave. Cottage C, Orillia, Ontario L3V 6J3
Parry Sound Small Claims Court
89 James St. Parry Sound, Ontario P2A 1T7
Peterborough Small Claims Court
70 Simcoe St. Peterborough, Ontario K9H 7G9
Sudbury Small Claims Court
201-159 Cedar Street, Sudbury, Ontario P3E 6A5
Brighton Small Claims Court
35 Alice St. Brighton, Ontario K0K 1H0
Burlington Small Claims Court
2021 Plains Rd. E. Burlington, Ontario L7R 4M3
Cobourg Small Claims Court
860 William St. Cobourg, Ontario K9A 3A9
Hamilton Small Claims Court
45 Main St. E. Hamilton, Ontario L8N 2B7
Milton Small Claims Court
491 Steeles Ave E. Milton, Ontario L9T 1Y7
Mississauga Small Claims Court
[See Brampton Small Claims Court]
Newmarket Small Claims Court
50 Eagle St. W. Newmarket, Ontario L3Y 6B1
Port Hope Small Claims Court
Town Hall, 56 Queen St. Port Hope, Ontario L1A 3Z9
St. Catharines Small Claims Court
59 Church Street, St. Catharines, Ontario L2R 7N8
Welland Small Claims Court
102 East Main Street, Welland, Ontario L3B 3W6
1. Should I fight my traffic ticket?
If you feel you were unjustly charged with any provincial offence including one under the Highway Traffic Act, the Compulsory Automobile Insurance Act or Liquor Licence Act, you should contact ASK Legal immediately.
2. How long do I have to dispute a ticket?
15 days from the issue date. If you are over this time limit-please call ASK Legal.
3. What happens if I don’t do anything?
You could be deemed not to dispute the charge and found guilty in your absence on the basis of your failure to respond. Then, if you fail to pay the fine and costs within 15 days, your licence could be suspended for unpaid fines.
4. What is the Victim’s Fund Surcharge added to all tickets?
This is a special fund dedicated to assist victims of crime. A small percentage is added to each provincial offence fine and is earmarked for this fund.
– a $40.00 fine has $ 5.00 added
– a $90.00 fine has $15.00 added
– a $1,000.00 fine and over has 20% added
Therefore, a $5,000.00 fine for no insurance, for example, has $1,000.00 added making the total $6,000.00.
5. If there is an error on a ticket, is it automatically dismissed?
No. Minor errors are simply amended for accuracy. Only if the error or omission causes prejudice in any way as to not serve jurisprudence-only then could there be grounds for a request to have the charge stayed or quashed.
6. How many points will I lose for this offence?
Please click here to read about the Demerit Point System. However, for criminal traffic offences, which are know also as “strict liability offences” you should call ASK Legal. Examples are:
- Impaired Driving or over 80
- Dangerous Driving
Highway Traffic Act charges can include;
- Careless Driving (6 points)
- Driving under suspension (major fine and suspension)
- Following too close (4 points)
- No Insurance
o Minimum $6,000 fine for 1st offence
o Minimum $12,000 fine for 2nd offence
o Suspension of licence
- Making a false statement (major fine)
- Fail to remain (7 points)
- Fail to report (3 points)
- Fail to stop for School Bus (6 points)
- Red Lights / Stop Signs (3 points)
- Improper Passing (3 points)
- Improper Turns (usually 2 – 3 points)
- Disobey Signs (usually 2 – 3 points)
- Seat Belts (2 points)
7. Can I plead guilty with an explanation and ask for a lesser fine and/or no points?
Yes and no. You or your agent can plead guilty but the Justice of the Peace has no control or authority over points. These are statutory set by the law. As for the fine, the Justice of the Peace has discretion under the Provincial Offences Act to reduce the fine if there is justifiable reason to do so.
8. If the officer does not show up for the trial, is the matter automatically dismissed?
No. The provincial prosecutor has the right to request an adjournment to another day just as the defence has if there is a valid reason. However, on minor traffic matters, many provincial prosecutors will withdraw the charge if the officer is absent rather than require the defendant to attend another day.
9. If my license is suspended for unpaid fines, what do I do to get it reinstated?
You must do two things:
1. Pay all outstanding fines, costs and late charges at any provincial court.
2. Then, take your receipt to the Ministry of Transportation and apply for reinstatement. There is an additional $100.00 fee for this application over and above all fines.
Once your application is accepted, it takes approximately four business days to process. In the interim, you are still suspended and must not drive.
10. How long do demerit points stay on my record?
Two to three years, but the information may remain on the Ministry of Transportation computer for several years even after points have been restored. This data is often used by insurance companies in their decisions regarding new policies or renewals as well as by employers with respect to their hiring policy of drivers.
11. Will my insurance go up if I am convicted of a traffic violation?
In many cases, yes. Insurance company rates and “forgiveness factors” vary from company to company and are based on several facts including:
- the age and driving experience of the driver
- was an accident involved
- was alcohol involved
- how many points is this offence
- how many moving violations has this driver had in the past
- what is the class of license
Generally speaking, for one minor ticket of 3 points or less over 3 years where an accident is not involved and the driver has a full G license (or better), there is no increase in rates.
However, for a specific answer, contact your insurance company, keeping in mind that this may trigger an enquiry or review which in turn may result in an increase.
12. Is it worth spending more to fight a lessor amount ticket? Do I have to pay everything up front?
After a conviction, your insurance rates can, and most probably will increase anywhere from 25% to 50% for 3 to 5 years. It is wise to spend a little now, to save a lot later.
13. I missed my trial date and was convicted. Can I appeal?
Yes and ASK Legal can do the entire application and appeal process for you. Call ASK Legal for more details on the 3 steps required to appeal a conviction and/or sentence.
14. If I received a ticket in Northern Ontario, can I ask for my trial to be here in the GTA where I live or do I have to go back to Northern Ontario for trial?
Provincial Offences matters are heard in the courts having jurisdiction over the area in which the offence was committed. However, ASK Legal as your agent can go or have one of ASK Legal associates in that area go to court on your behalf.
16. Can I sue for being injured in an accident?
Yes, but there are rules and limitations. Call ASK Legal for details in answer to your specific case.
17. Do you “guarantee to win or it’s free”?
No. ASK Legal will do a professional job to the best of ASK Legal ability but it is possible that ASK Legal may not win. However, read the fine print in contracts from companies offering a guarantee of “ASK Legal win or it’s free”. Ask them;
- Is a lesser fine a win?
- Is a conviction for fewer points a win?
- What are your total charges for representing me in court?
Once you get this information, read it carefully, and then call ASK Legal to compare ASK Legal rates and services.