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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
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Experience:  25 years in practice
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I been giving my roommate money we got evicted because he

Customer Question

i been giving my roommate money for rent we got evicted because he didnt pay the last 5 months of rent. i want to take him to small claims court what steps should i take and what forms should i fill out for this type of case
Submitted: 4 months ago.
Category: Canada Law
Expert:  Law Maven replied 4 months ago.

Hello – my name is***** am a lawyer in Ontario, and I’ll be pleased to help with your question today.

There is a clear set of step-by-step instructions for taking a matter to Small Claims Court online here:

Essentially you will need to file a plaintiff's claim. Pay the filing fee of $75. Then wait to see if your ex-roommate files a defense. If they don't file a defense, you can get what is called a default judgement by going into the court and speaking to a Clerk (no appearance before a judge needed). The default judgement can be used exactly the same as a decision made by a judge in court, and you can enforce it against your ex-roommate.

The claim can be filed with the Court online, and you can also pay the filing fee online.

I hope I have fully answered your question, but please do not hesitate to ask for more information if needed. When you are satisfied with the answer, kindly provide me a positive rating so I can receive credit for my answer.

My answer here contains only general legal information and not legal advice. No solicitor/client relationship has been created by this communication.

Customer: replied 4 months ago.
how long do i have until i can't make a claim. do i have to do it right away.
Expert:  Law Maven replied 4 months ago.

The Ontario Limitations Act sets a general limitation of two years for most civil claims, and yours would fit into that category. The two years starts from the date you found out your room mate was not passing the rent on to the landlord, so you should think back to when you found out, and then add two years to that to find the absolute deadline. You likely have time to find a new place to live and to settle in a bit, you do not need to rush off to Court immediately.

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