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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