Serving the documents

You have filed your claim so you are now the plaintiff. The next step is for you to give notice to the defendant that you have a claim.

You must serve the claim within six months of filing. Of course the sooner you file the better. Most of the time you will serve the document by personal service. This means that you, or someone acting on your behalf, hands the document to the defendant.

If the defendant refuses to accept the document, you can just drop it on the floor or on the ground at their feet and walk away. If this happens, then make a note of it in your affidavit of service. Serving a document to a corporation is easier than serving a person as there are more people that you can serve and it is less emotional.

When serving your condominium corporation, you can leave the document with any of the board members or the property manager.

Note the date, time, location and the person you served the document to and file this information with your records.

Note:
Now that your Small Claim suit has been served, this information must be stated in any status certificates that are issued by the condominium corporation. (Of course not all condo corporations do what is required.)

Affidavit of service
Once you have served the notice on the defendant, you need to prepare an “Affidavit of Service”. This confirms that the defendant was served.

You can download this two-page form off the Internet. Fill in the few sentences on the form and then take it to a notary or a lawyer for signing.

Your lawyer will look it over and insure that you filled in the correct box. Make a copy for your records. Once it has been signed, you take the form to the small claims court on the third floor at 47 Sheppard Avenue East.

Tracking your costs
You need to keep track of all your costs in making your claim because when you win your case, the judge will award you reasonable costs on top of your award. Keep track your transportation, parking and document reproduction costs. This is on top of the $75.00 filing fee. Keep accurate records as small amounts do add up.


Note:
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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