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Ask Debra Your Own Question
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99526
Experience:  Lawyer
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Hello, I have filed a claim in the small claims court. I used

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Hello, I have filed a claim in the small claims court. I used my friend's mailbox to keep my home address private. The defendant has responded however; my friend does not appreciate the urgency for me to receive the information. I'm not sure if a court date would have been included with the defendant's claim. I have three questions that I hope you can answer.

Can I ask the court for a print out of the defendant's response?

Do you know how to change the existing address on file?

I made the loan 5yrs ago. I have been provided with letters from my doctor and specialists to prove
that I was not mentally or physically able to file my claim earlier before the time limitation expired. Is there any example when a judge considers mental illness as a valid reason to override the time limitation?

Thank you
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

1. Yes for sure. Anyone can get a copy of anything in a court file.

2. Let the other party know and contact the court and let the court know. That is vital as you won't find out about the court dates otherwise.

3. Yes. The limitation period does not run during any time of mentally incompetency. So if you can prove you were not mentally incompetent for enough of the time to bring you within the two years you will be OK.

Let me know if you need any further clarification.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 3 years ago.

is it acceptable in court if I were to record a conversation where the witness or the defendant admits to owing me the money. I became epileptic and my memory loss is often used against me. My witness will be reluctant to testify against his sister

You can provide that evidence if it's relevant as it would be legally obtained.

But you still have to subpoena that witness and then you can ask the witness questions about this evidence.

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