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Civil lawsuit
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Theresa
So I am wondering if anyone here has had to file for a civil lawsuit and what your experience was like? Did it go to court? Did you win? Any comments etc? Why did you file it?

I am pretty sure that I am going to file a lawsuit against my landlord but was wondering if anyone with experience had any thoughts.

P.S. I am not seeking legal council on TA... I have already talked to a lawyer.
:rolleyes:
nchs09
I hope you lose.
Theresa
quote:
Originally posted by nchs09
I hope you lose.


Thanks sunshine :)
Renzo
Are you gonna be on Judge Judy?
Theresa
quote:
Originally posted by Renzo
Are you gonna be on Judge Judy?


LMAO! That would be awesome... my landlord and her would totally not get along. Too bad I am Canadian.
ModernNosferatu
quote:
Originally posted by Theresa
LMAO! That would be awesome... my landlord and her would totally not get along. Too bad I am Canadian.


I've actually been to Kitchener before on a creepy vacation. Why the heck do ya'll have a beer store and a liqour store sperated and you can't buy beer at the local Javi-N-Go :wtf:
Theresa
quote:
Originally posted by ModernNosferatu
I've actually been to Kitchener before on a creepy vacation. Why the heck do ya'll have a beer store and a liqour store sperated and you can't buy beer at the local Javi-N-Go :wtf:


A creepy vacation!?

Javi-N-Go?

WTF?!

As for the sale of alcohol... I have no clue and have never really cared. LOL!
ModernNosferatu
quote:
Originally posted by Theresa
A creepy vacation!?

Javi-N-Go?

WTF?!

As for the sale of alcohol... I have no clue and have never really cared. LOL!


Oh lol...Yeah, it's really the only place in Canada I been so I didn't know the law on alchol..it IS probably stanard selling practice all over the nation.
colonelcrisp
quote:
Originally posted by Theresa
So I am wondering if anyone here has had to file for a civil lawsuit and what your experience was like? Did it go to court? Did you win? Any comments etc? Why did you file it?

I am pretty sure that I am going to file a lawsuit against my landlord but was wondering if anyone with experience had any thoughts.

P.S. I am not seeking legal council on TA... I have already talked to a lawyer.
:rolleyes:


generally speaking (in ontario) any issues with landlord tenant relationships are brought up before the ontario housing tribunal (i think this is its official name) as perscribed in the landlord tennant act.


I sued my car insurance provider 4 years ago, it cost me 4 grand but i won.
Theresa
quote:
Originally posted by ModernNosferatu
Oh lol...Yeah, it's really the only place in Canada I been so I didn't know the law on alchol..it IS probably stanard selling practice all over the nation.


No.... Alberta isn't like Ontario.

quote:
Originally posted by colonelcrisp
generally speaking (in ontario) any issues with landlord tenant relationships are brought up before the ontario housing tribunal (i think this is its official name) as perscribed in the landlord tennant act.


I sued my car insurance provider 4 years ago, it cost me 4 grand but i won.


I'm in Alberta now. We could take her to the Landlord and Tenant remediation thing, but f*** that... we're taking her to court.

astroboy
quote:
Originally posted by Theresa
I'm in Alberta now. We could take her to the Landlord and Tenant remediation thing, but f*** that... we're taking her to court.


I don't want to give you legal advice, but as a practitioner from a different common law jurisdiction I just want to make sure you're mindful of these facts:

1) U can usually use an arbitration type process without a lawyer and it will not cost you any money (ie. if your lawyer advised you to do this he'd be losing money). In fact if the lawyer you spoke to didn't mention any other alternatives to a suit it may say something about the lawyer.

2) If you're not happy you can always go to court afterwards and the fact that you started with an arbitration will make you appear in a positive light. It suggests you are not hostile and only went to an adversarial process as a last resort.


... of course I don't know the circumstances of your case so court may well be the most appropriate option. It's just not a decision you should be taking lightly or making emotionally.
The17sss
What is the lawsuit about? I don't know the nuances of Canada, but I've been involved in about 5 civil lawsuits against property management people either directly against them, or helping the tennant... it was either a case of them not paying their bills to us for work we did at their property, or us going to bat for the tenant who was living in a contaminated environment when the prop. mgr. was made aware of it (thus making them obligated to do something about it) and did not adhere to their responsibilities.

Usually, they drag their feet and sand-bag as long as they can, in hopes that you will get worn out and forget about it... they know they have more money to spend on attorneys than the average tenant.
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