quote:

Originally posted by Irishaddict This is the beauty of small claims court. You're not there to 'prove beyond a reasonable doubt' your claim. The judge simply has to believe you more than he believes the owner of the motel (basically - whoever has the more 'plausible' story). And my guess is that if you have 9 other friends to back up your story you look a hell of a lot more plausible. Also, Wasaga is known for its tourism and pretty much anyone owning property out there is out to make a quick buck. It's only 50 bucks to file in small claims court (provided your claim is under 5k) and you get reimbursed for that if you win (just remember to sue for what you're out PLUS court costs). And - he won't be able to form any kind of counter-argument against you (yeah, there are sneaky bastards like that out there) in a monetary sense because you cannot sue for lost wages in small claims court. I'd say it's worth a shot. **EDIT: I sued an ex-landlord for keeping my security deposit AND for a section of the TPA that he was 'disturbing my reasonable enjoyment' by entering the property without 24-hours notice. I didn't have video-recording of him entering or anything, but I saved all the e-mails that said "I'll be there @ 8 am" when they were sent at 11 p.m. the previous night. So, if you e-mail these people save copies and their replies if you decide to sue. I was even surprised at how much they helped me out.

Perhaps you should think things out clearly before suing in small claims.

Firstly, all claims must be made at the juridiction/location where the occurrence took place. So that puts you in his neighbourhood or neck of the woods so to speak.

Secondly, Small Claims judges are still JP's in small areas like Wasaga or surrounding district. That means they are not judges, but cops or friends elevated or elected to that position. Who do you think they often favour?

Thirdly, since you signed, then you will have a hard time convincing this jp that the agreement aka consideration was changed on you midstream. Rule of buyer beware still applies. In order for you to have creadibility and bring reasonable doubt, you'd have to have had witnesses at the time of your signing and initial discussion. Bringing in affidavits from your friends won't help since it is considered hearsay or evidence after the fact. Taperecording (as I recall) is still not valid or admissable unless the other party consented to a taperecording.

So this leads you to an argument of contract alone. You would have to have a very convincing tone and pitch when you talk to the jp in order for him to grant in your favour. I agree with Nat...Mr. Rabbitjoker would be good for something like this (from my short conversations with him...has has mastered the pitch and tone needed for such things) If you feel you can do it...by all mean go for it (wish there was a way to use..ahem...allert some local paper or media to write about this theft...cuz that's exactly what it was) but don't think that bringing your 9 friends to court in their neighbourhood will change or influence the judgement, cuz I've seen proof that it hasn't in the past.

Not trying to bum you outta this...just trying to tell you of the experiences and realities that you must consider.

It's a shame no one can create a web page where ppl can post their consumer complaints without repercussion.
Irishaddict FYI....I'll bet you didn't know that Property Managers (who pay for the service) have such a site for bad tenants. In this site they list the names of people who have wronged them and they put them on a bad tenant list for 10 years without them knowing...this is the double standard legal way.

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"People seem not to see that their opinion of the world is also a confession of their character."- Ralph Waldo Emerson, US essayist & poet (1803 - 1882)

Last edited by b4k-oz on Jul-08-2005 at 12:35