WEBVTT

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In Ontario, start by checking

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the debt, the deadline, and

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whether recovery is realistic.

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A clear payment demand may

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resolve the problem.

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If court is appropriate, small

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claims court generally handles

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money claims up to $50 ,000,

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excluding interest and costs.

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But winning a judgment and

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actually getting paid are

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separate steps.

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Keep the agreement, invoices,

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bank transfers, messages, and

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repayment history.

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Explain why the money must be

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repaid when it became due and

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how you calculated the

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outstanding balance.

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Sending money alone does not

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explain all the terms.

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Identify the correct person or

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company responsible, a trading

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name or the person you dealt

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with may not be the right

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defendant.

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Check whether the contract or

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law requires a demand or

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notice.

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A useful letter states the

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amount, why it is due, how to

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pay and a reasonable response

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date.

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Keep proof of delivery and any

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reply.

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Do not assume every debt

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requires the same waiting

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period or let an approaching

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court deadline expire while

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waiting for a response.

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Ontario's ordinary rule is two

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years from discovery of the

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claim, including when it

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reasonably should have been

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discovered.

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The calculation depends on the

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obligation and circumstances.

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Loans payable on demand have

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specific rules.

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Your latest reminder does not

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automatically create a fresh

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deadline.

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Get advice promptly about

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discovery, exceptions and any

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longer outer limit.

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Not automatically.

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A qualifying signed

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acknowledgement or part payment

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before the limitation period

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expires can affect the clock.

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But an offer to negotiate may

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not acknowledge the debt at

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all.

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Ontario's Court of Appeal has

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rejected that assumption.

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Formal dispute resolution

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arrangements can also affect

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time.

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Have the actual words, payments

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and dates checked instead of

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relying on a promise to talk.

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The current small claims court

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limit is $50 ,000, apart from

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interest and costs.

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For a larger debt, ask about

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Superior Court or deliberately

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giving up the excess to use

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small claims court.

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Understand that choice before

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making it.

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You cannot divide one cause of

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action into several smaller

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lawsuits simply to fit the

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limit.

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A plaintiff's claim identifies

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the parties, explains what

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happened and states the amount

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and remedy requested.

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Attach supporting records or

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explain why they are

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unavailable.

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File in the proper court

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location and pay the required

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fee.

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Check the court's current

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instructions.

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You can represent yourself or

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seek help from an Ontario

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lawyer or licensed paralegal.

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No.

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You must arrange proper service

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of the issued claim and

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supporting documents.

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The ordinary service period is

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six months after issue,

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although the court can extend

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it.

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Use a method the rules permit

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and keep proof of service.

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Sending an earlier demand

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letter or simply emailing the

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claim without a permitted basis

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is not a substitute.

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A defendant ordinarily has 20

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days after service to serve and

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file a defence.

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No response does not put money

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in your account, you must

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request the correct default

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procedure, and the route

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depends on the claim.

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If the debt is disputed, a

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settlement conference and

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possibly a trial follow.

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Prepare your evidence and

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assess any settlement offer

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carefully.

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If payment is not made, ask

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about a debtor examination,

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garnishment or other lawful

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enforcement.

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The court process can help

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identify income and assets, but

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some are protected.

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Enforcement costs money and has

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its own rules.

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Payment orders, stays,

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bankruptcy or a consumer

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proposal can restrict

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collection.

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Ask for legal advice about how

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these restrictions affect your

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next step.

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Compare the amount

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realistically recoverable with

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court fees, service costs, your

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time, and possible legal costs.

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A judgment may not reimburse

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every expense.

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A workable payment arrangement

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may be worth considering.

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Put its terms in writing and

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track every payment.

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Once the judgment is fully

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paid, notify the appropriate

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court or enforcement office and

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stop further collection steps.

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For free general legal

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information, Legal Hotline's

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Canada number is on your screen

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now.

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Legal Hotline is not a law

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firm.

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Its information line uses AI.

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Lawyer matching is a separate

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service, subject to

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availability and acceptance.

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For advice on your own

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situation, speak with a lawyer

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in your province.

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In immediate danger, contact

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emergency services.
