The defence

After being served, the defendant has twenty days to respond. The court sends you a copy of the defence, if one is submitted, by regular mail.

The defence form has three pages. On the first page you will read the name of the lawyer that the board has hired to represent them. Lawyers always recommend that a board hire a lawyer to defend small claims cases.

The second page states the reasons why the condo corporation is disputing your claim.

On the third page, the form will show the date that their lawyer prepared the defence document. Lawyers seem to wait to the very last day before submitting documents. Maybe it is a way of slowing the process down.

How Small Claims Court is perceived
As best as I can figure it, condominium lawyers are leery of small claims cases as it gives the owners a cheap, quick and convenient way of obtaining justice and if owners start succeeding in small claims court then it can open the floodgates to hundreds of applications.

The information on this chapter is to be used only as guide and is not intended to be taken or understood to be legal advice. For legal advice, consult a lawyer that is experienced in condominium law.

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