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Small Claims Court Matters

Small Claims Courts in Ontario hear and decide cases on matters to a monetary maximum of $10,000 exclusive of interest and cost. Now, if the amount is over $10,000, you may decide to “ abandon the excess” and plead your case in this court. Effective January 01, 2010, the monetary maximum in Small Claims Court will be $25,000. Remember: you can not pursue the " abandon excess" by "splitting your action" in this court.

Examples of Cases in this court:

Liquidated Claims Unliquidated Claims(damages)
1. Services rendered and delivered 1. Breach of Contract
2. Unpaid Accounts 2. Property damage
3. Promissory Notes 3. Personal Injury
4. NSF Cheques 4. Negligence
5. Rent and Lease 5. Construction/Renovation
6. Unpaid Loans  

You may have been sued and or have no knowledge of the case; and you were sued, however, you did not file a defence and now you are faced with a Default Judgement. Remember, we all have rights and you have the right to have your case heard and also the right to have the Default Judgement Set Aside, and also to request a Release of the same and to stop further garnishment of your wages and or the freezing of your bank accounts.

You may even have a Writ of Seizure and Sale issued and filed against you, that you have the right to ask for non-execution and a Release of the same, to restore your credit upon settlement of the allege claim against you.

BY-LAWS

For the most part by-laws are rules and regulations passed by a Municipal Council to govern the City.

You may have at one time or another have received a ticket for violation of and or in breach of a municipal by-law such as: Property standards, an illegal basement apartment, Fire Code and or building Code, Handling and collection of garbage, licensing, property registration, boulevard maintenance, building permits and fees, Development charges, dog licence, fire alarms, adequate heat, carbon Monoxide Alarm, Zoning, and Signs.

In the case of Ontario, the municipalities have the legal right to exist and pass by-laws pursuant to the rights given to them to do so, under the requisite provincial legislations. The Municipalities can not passed by-laws that contravene provincial laws unless the legislation specifically provide the required provisions under the law to pass by-laws as it deems justifiable as in the case of the sign by-laws.
Most municipalities have by-laws that are similar in scope and concept and different by-laws pursuant to their own jurisdictional needs and concerns. Municipalities in the Greater Toronto Area (GTA) may have by-laws different than their counterparts in rural areas since their specific jurisdictional needs maybe different. Now, should you require representation with a by-law concern, please contact Ricardo Francis Claims Negotiations Professional Corporation.

TRIBUNALS

There are many different tribunals in the Province of Ontario that many people do not know exist with respect to a breach of the law and your rights. Most people are probably familiar with the Landlord & Tenant Board, the Liquor Licence Tribunal, and or perhaps the Ontario Human Rights Tribunal.

However, there are so many different tribunals that provide the legal avenues to resolve a breach and violation of your rights. There are, currently, some five Government of Ontario Ministries with more than twenty tribunals to resolve legal disputes without necessarily having to recourse to one of her Majesties recognized and competent Court of Law. The Licence Appeal Tribunal Act 1999 is the requisite legislation with respect to exercising your legal rights through one of indicated Ministries and or tribunals.

For instance there is a tribunal for the Bailiff Act, The Building Code Act, Consumer Reporting Act, Real Estate Business Brokers Act etc.

If you were facing a problem and or have an issue where a tribunal will probably be the most effective means of resolving your problem, it is important that you understand that you should consult Ricardo Francis Claims Negotiations Professional Corporation to assist in providing you with competent representation to speak to the issue and demand your rights.

More information soon

Traffic Tickets and Driving Offences

If you have been charged with an alleged traffic violation under the Highway Traffic Act and need to know your rights and your possible defence to this violation, that you are convinced and have reasons to believe that you did not commit this offence, therefore you should give Ricardo Francis Claims Negotiations Professional Corporation a call to assist with your case. Everyone has a right to be heard and be given a fair trial in accordance with the prescription of the Rule of Law in a Court of Law.

It is your legal, democratic and constitutional right to receive a fair trial and be given disclosure with respect to the alleged violation and charges. Remember, everything is demonstrably justifiable in accordance with the prescription of the Rule of Law in a free and democratic society.

Examples of Traffic violations:
1. Driving in excess of the Posted Speed limit;
2. Failing to stop for a Peace/Police Officer;
3. Failing to wear a Seat Belt;
4. Careless and Dangerous Driving;
5. Driving Under Suspension;
6. Drinking and Driving Charges;
7. Driving without Licence and Insurance;
8. Disobeying Red Lights and Posted Signs;

Criminal Summary Offences
Criminal Summary Offences are offences where the maximum penalty does not exceed six months imprisonment pursuant to the Criminal Code of Canada.
If you have been charged with a Criminal Offence then you need to know your rights and get adequate representation without prejudice. It is important to know that you have legal, democratic and constitutional rights, that you are innocent until proven guilty in a recognized and competent Court of Law.

Under no circumstances, should you be forced to answer questions and or provide voluntary information without knowing your rights and responsibilities under and before the law.

Examples of criminal offences and charges:
1. Theft;
2. Uttering Death Threats;
3. Assaults;
4. Shop Lifting;
5. Drug Offences;

 

NEGOTIATIONS

It is better to negotiate an issue and resolve it since it is more cost effective, fast and reasonable. Litigation can be very expensive and time consuming and so it is important to understand the available options and issues about your case and be reasonable in determining and agreeing to terms and conditions acceptable to all parties concerned.

In the process of negotiations, it is not persuading the other party and or parties of your position, but simply giving up something and getting something in return. Negotiations are concessionary.

Sometimes litigating all the way to trial and you do not win can be very costly and emotionally draining. You may have to pay the legal cost of the other party and or parties and the amount that you were sued for.

A large number of cases before the courts today are negotiated, mediated and settled before they go to trial. The courts recommend that you try to settle and if you are unable to do so, then you proceed to trial where the judge and or presiding officer of the court may make a decision that you do not agree to and accept.

COURT APPEARANCES

You have a matter before the courts and a hearing date has been set, however, you are unable to attend, so please contact Ricardo Francis Claims Negotiations Professional Corporation. I would be more than happy to attend and speak to the matter for you.

You are lawyers in a Law Firm and or a sole practitioner and have a conflict of schedule, and the other side would not consent to an adjournment, so please contact Ricardo C Francis and he can speak to the matter as per instructions and requirements.

You have a matter before the court, however, you are uncomfortable, uneasy, and afraid of the Courts and the Court proceedings, so please contact Ricardo Francis Claims Negotiations Professional Corporation and I would be more than happy to speak to the matter for you. Maybe, you are unable to speak confidently, clearly and convincingly with facts and the applicable laws. You are unable to make a winnable and reasonable presentation to the court and therefore we can help, should you require our appearance. We can also review the case for you and assist with further preparation, representation and negotiations as per requirements.

PROCESS SERVING
Ricardo Francis Claims Negotiations Professional Corporation issue, file and serve documents as per requirements. Ricardo C. Francis, currently, assist law firms in this regard, on a per need basis.
He specializes in emergency and long distance issuing, filing and serving with some limitations depending on where outside of the Greater Toronto Area (GTA).

Perhaps, you have documents that need to be issued, filed and or served, so please contact, Ricardo Francis Claims Negotiations Professional Corporation. Ricardo C. Francis would be more than happy to help you.

GOVERNMENT ISSUES

Governments make laws and have big bureaucracies that for the most part can be very frustrating to deal with, especially if and when you do not know how to navigate and chart your way to the right decision makers with respect to your particular problem.

Generally speaking, you may have been denied a benefit and or a service for which you are entitled and perhaps to present your case you may have to attend a hearing at a tribunal, a board, and or a commission and having knowledgeable and experienced representation can make a significant difference with respect to the final decision and result.

You may have encountered a problem with the Federal, Provincial, City and or Regional government, however, you are not given justifiable reasons for your particular problems and or concerns and have reasons to believe that you are being treated unfairly and without cause and therefore you should contact Ricardo Francis Claims Negotiations Professional Corporation to represent your Claim and your Case.

MEDIATION

Mediation is a form of “Alternative Dispute Resolution” whereby two or more parties reach a negotiated agreement without having a decision imposed by a third party. This agreement must be a mutually acceptable resolution by the parties/disputants to this conflict. This process of mediation is fair, efficient and effective in resolving conflicts.

There are usually different approaches, styles, techniques and skills applied to resolve a dispute without making the decision for the parties. It is taking an independent perspective and having the parties decide the resolutions to their conflicting issues.

Should you have an issue that requires negotiation, please contact Ricardo Francis Claims Negotiations Professional Corporation. And we would be more than happy to assist you with your concerns.

 

 

LANDLORD AND TENANT

The Landlord and Tenant Board is the new body responsible for resolving disputes between Landlord and tenant since January 31, 2007. This new board replaces the Ontario Rental and Housing Tribunal with the passing of The Residential Tenancies Act which replaces the Tenant Protection Act.

Should you have a Landlord and Tenant issue, please contact Ricardo Francis Claims Negotiations Professional Corporation and he would be more than happy to assist you with your concerns.

 

 

 

 

 
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