Here is my reply to David L. Cook’s recent posting about the Statute of Limitation under the heading “Knob & Tube Wiring.”
Anyone can sue anybody in Ontario without merit. For less than $100 one can become a plaintiff asking for up to $10,000,00 in compensation without any proof of legitimacy at the time the claim is filed in Small Claims Court.
But under this type of court procedure a defendant is actually being forced to file a defence even if the claim is outright frivolous. If the person being sued is unable to stage his/her own defence - costly legal advice and/or services will become unavoidable. Failure to file a proper defence will automatically result in a judgment by default in favour of the even most conniving plaintiff.
Here is one example how the court system can be misused:
In April 2008 I was served unexpectedly with a “*Plaintiff’s Claim” *in the amount of $10,000.00 for alleged negligence during an inspection in **February of 2002. **The claimant never contacted me by phone or mail in **more than six years. **
I have tried to raise the *“Statute of Limitation” *issue twice without any success.
However - it seems that I was successful in convincing the shyster lawyer of the customer during the “Settlement Conference” that they had in my opinion no chance to collect one penny ever - because I claimed to have no insurance for frivolous claims. They never asked for a trial date - and recently I received an **“Order Dismissing the Claim as Abandoned.” **
The ordeal cost me $25.00 for filing my defence - and $12.00 for parking while attending the Settlement Conference.
RUDOLF REUSSE - Home Inspector since 1976 - **TORONTO