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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 96921
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I have a question. I'm having an endless problem with

Customer Question

Hello, I have a question. I'm having an endless problem with a company in Canada. I ordered some phones back in April from a company in Canada. It is a legit company, registered and has a facility and office that exists. Order was placed on 7th April and
received the invoice on the same day. It says on the invoice that order will be shipped by 13th April. Long story short the company failed to deliver my order and i have been given various excuses regarding it and finally i decided to cancel the order and
request a full refund on May 15th and until up until now i haven't received the funds back. Even though i was provided with a couple of wire copies that later on got rejected due to some issues that the company has with their account. He also forwarded an
email conversation between him and the bank's senior account manager showing that the account is being restricted and the account will be back to normal after a few days. Earlier today, i was told that wire has been processed manually from a different account
and now i'm waiting for the wire copy from him and expecting to receive the funds by tomorrow. Now, just incase if he doesn't send me the wire copy which he has done a couple of times and later on come up with another excuse, can i sue the company or the director?
since i'm not in Canada? I have actually filled a claim suing the company thru Ontario small claims court online last week and i have no idea of how to serve the claim without me being in Canada to serve it in person. Looking forward to your prompt reply.
Submitted: 1 year ago.
Category: Canada Business Law
Expert:  Legal Ease replied 1 year ago.
You can sue the company but not the director. And yes you can sue even though you are not in Canada. You can retain the services of a process serve to serve the document and file proof of service with the court.

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