Entrepreneurship & Small Business

Guy fell on neighbors property and is sueing me

  • Last Updated:
  • Jan 24th, 2018 3:00 am
Penalty Box
Apr 26, 2017
160 posts
21 upvotes
mcewen wrote:
Dec 23rd, 2017 6:38 pm
First if all, most claims that are filed are definitely NOT filed in small claims court. The maximum allowable SCC claim is 25k. Personal injury lawyers wouldn't make enough to survive if their business is all through SCC,

Secondly, there are rules which govern how long the defendant has to file a counterclaim (or, as you say, counter sue).

Pursuant to the Rules of Civil Procedure:
Section 27.01 (1) a Defendant may assert, by way of a counterclaim in the main action, any right or claim against the plaintiff including a claim for contribution or indemnity under the Negligence Act in respect of another party’s claim against the defendant.
S 27.02 A counterclaim shall be included in the same document as the statement of defence and the document shall be entitled a statement of defence and counterclaim.

27.04 (1) Where a counterclaim is only against the plaintiff, or only against the plaintiff and another person who is already a party to the main action, the statement of defence and counterclaim shall be delivered within the time prescribed by rule 18.01 for the delivery of the statement of defence in the main action, or at any time before the defendant is noted in default.

18.01 - Except as provided in rule 18.02 or subrule 19.01 (5) or 27.04 (2), a statement if defence shall be delivered:
a) within twenty days after service of the statement of claim,
b) within forty days after service of the statement of claim, where the defendant is serviced elsewhere in Canada or in the USA, or
c) within sixty days after service of the statement of claim, where the defendant is served anywhere else.

18.02 (1) Notice of Intent to Defend. A defendant who is served with a statement of claim and intends to defend the action may deliver a notice of intent to defend within the time prescribed for delivery of a statement of defence.

18.02 (2) A defendant who delivers a notice of intent to defend within the prescribed time is entitled to ten days, in addition to the time prescribed by rule 18.01, within which to deliver a statement of defence.

19.01 (5) - A defendant may deliver a statement of defence at any time before being noted in default under this rule.

Oh.. and here is the biggie....( writing it a second time.. in hopes it will sink in this time.....)
27.04 (1) Where a counterclaim is only against the plaintiff, or only against the plaintiff and another person who is already a party to the main action, the statement of defence and counterclaim shall be delivered within the time prescribed by rule 18.01 for the delivery of the statement of defence in the main action, or at any time before the defendant is noted in default.

Thank you. Now please stop posting stuff on here that isn't true. You are the one confusing people. Kid.

Merry Christmas.
lmfao why are you still posting stuff about superior court, or sorry, "regular court" as you call it? we are talking about scc here not superior, oh sorry, "regular court".
stop posting rules from "regular court" kid.

poor kid probably felt so giddy and happy getting one of his law clerk buddies to post that for him lmao this kid is hilarious. thats the last reply you get from me kid now go open your christmas presents.
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OP -- as to your idea of suing for "melacious prosection", have you asked yourself how expensive it will be to bring a defendant's claim against the other party? have u considered what you'd do if they failed a motion against you? what about costs? lawyers are very expensive. i've seen scc judges award $800 on motions like its nothing
Sr. Member
User avatar
Aug 15, 2015
961 posts
109 upvotes
Markham, ON
^ you have to think about collection after too.

After getting winning case, may be both of you will be broke and no one can pay. TO sue or not to sue that is not the question.
Penalty Box
Apr 26, 2017
160 posts
21 upvotes
Poppwl wrote:
Dec 25th, 2017 3:57 pm
^ you have to think about collection after too.

After getting winning case, may be both of you will be broke and no one can pay. TO sue or not to sue that is not the question.
this is also a valid point
judgement doesnt really mean anything if the guys got nothing. garnishing wages remember u need to know where he works where he banks etc
Sr. Member
User avatar
Aug 15, 2015
961 posts
109 upvotes
Markham, ON
CNeufeld wrote:
Dec 5th, 2017 11:50 am
Ummm... Small claims court can be up to 25k. For most people, that's "worth their time" to defend (if they don't defend, it would be an automatic judgment against them, enforceable with a court order).

C
I guess I should've said it is not worth a lawyer's time. Lawyers are expensive. You know.

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