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stocean
stocean, Lawyer
Category: Canada Law
Satisfied Customers: 62
Experience:  lawyer with 11 years experience in civil and commercial litigation
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Can I have a friend or family member represent me in small

Customer Question

Can I have a friend or family member represent me in small claims court if I am the one filing the claim
Submitted: 3 years ago.
Category: Canada Law
Expert:  stocean replied 3 years ago.

stocean :

Yes a friend or family member may represent you in Small Claims court in Ontario. Is this your jurisdiction? Please advise, thanks.

Customer:

What is jurisdiction. So does this mean I dont have to go to the court date

stocean :

Jurisdiction means what part of the country you reside in. So for instance, Ontario has different rules for small claims court than British Columbia or other provinces. I should also note that upon further reflection, a friend or family emember may only represent you if they are a licensed paralegal (in ontario) or if they are not, only if you suffer from a disability.

Customer:

I live in British Columbia but I have to file the small claims suit in ontario. Ok so if I don't want to fly back to Ontario for the court date I have to hire a paralegal from ontario

stocean :

That would be your best bet. You will need to have the documents filed and served in Ontario and it would be beneficial to have someone do that for you. If the matter is settled short of trial, you may not even have to attend in Ontario at any time. Good luck!

Customer:

It wont be settled out of court I already know that. But if I have all the paper work how can I have someone file and serve them for me

Customer:

Its nice to actually get a straight answer finally

stocean :

I would retain a local paralegal to attend to have the claim issued and arrange for service of it upon the defendant. You can send the completed paperwork to them to do so. Alternatively, you can advise them of what you wish to include in the claim and they can fill out the claim forms for you.

Customer:

So find a paralegal in British Columbia? Could I fax a family memeber the paper work to hand it into the courts

stocean :

If you are issuing the action in Ontario, I would retain an Ontario paralegal. If you are proceeding in British Columbia, retain someone there and they can arrange to serve the BC claim on the party situated in Ontario.

Customer:

Dont the proceedings have to be done in ontario too

stocean :

If the dispute arises out of events which occured in Ontario and the defendants are located there, you will likely need to proceed with the action in Ontario.

Customer:

Yes the defendant does live in Ontario. Ok so find ontario paralegal. Great Thanks!

stocean :

You are quite welcome, good luck!!

stocean, Lawyer
Category: Canada Law
Satisfied Customers: 62
Experience: lawyer with 11 years experience in civil and commercial litigation
stocean and other Canada Law Specialists are ready to help you

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