Filing your claim

Small claims court can hear for cases involving damages up to $25,000 so problems with your board such as a failure to repair defective exterior windows and water leaking into your apartment, as examples, may make good small claims cases.

Preparing the case
It is quite easy to prepare a small claims case. All the directions, forms, pamphlets and fee schedules are on the Internet. Everything is explained in clear simple English.

You should also look at the “Guide to Making a Claim” as it answers most questions that you may have about preparing your lawsuit, the who, what, where and how much it will cost; questions that everyone has.

The Small Claims Court page guides you to the procedures, brochures and forms that you need to make your claim.

Download the four-page “Plaintiff's Claim Form” from this page. The Microsoft Word version works great and you should be able to complete it in about a half hour or so.

Find all your supporting information and attached it to the back of the form by paper clip or put it in a folder. Print a second copy of the complete package as you need two copies when you file your case..

Filing your claim
This too is a very simple process which takes about five minutes; if that.

The small claims courthouse is in a grey square building at 47 Sheppard Avenue East. It is open from 8:30 am to 5:00 pm.

It is best to get there by using the TTC. The courthouse is located one block east of Yonge Street on the south side. There are two identical buildings, number 45 is the front one facing Sheppard Avenue while you need to go number 47; the building in the back.

When you enter the building, take the elevator up to the third floor. Take a number and wait for it to be called. I suggest that you get there just after 8:00 so there will be no one ahead of you. It can be very busy most days.

However, it is a lot quieter when the weather is bad.

The clerk will ask if you brought two copies of your claim. She will take a quick look at the form to see if it looks like you filled in all the required areas. She will then stamp both forms and sign them. You then pay the $75.00 filing fee. They accept Visa or Mastercard.

If your claim is not stapled, she will staple both copies; one she puts on file and the other she gives back to you. The one she gives you is the defendant's copy.
While at the office, ask for a copy of the pamphlets "Guide to Serving Documents" and "Guide to Getting Ready for Court". These pamphlets are also available on the Internet.

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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