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Looking at a lawyer conversant in procedures in small claim…

Customer Question
Hello - looking at a...
Hello - looking at a lawyer conversant in procedures in small claim court issuesHave house insurance on a property. Found out recently they overcharged me for 6 years based on the wrong footage.
They gave me a 30 percent discount on my future policy but when I asked retroactively - they gave me only 8 percent back for what I overpaid citing my discount I get now is based on a LOYALTY factor not actual square footage.
I don't believe that and prepared a claim seeking another 800 back. Small stuff to some but enough for me to fight for itQuestions
1. I live in one city for the insured house in Ontario but their office is 100 km away
Have filed the claim in my jurisdiction court - so they will have to come to my city - that's legally acceptable - correct?2. Today I attempted to serve the claim to their insurance office in person. I waited for 1 hour and 45 minutes under
the impression I would eventually get to see a manager. They sent a secretary and then a security guard instead
advising they were only a telephone customer service based company - I couldn't see anyone in person.I do acknowledge because I advised them earlier if they don't refund me the proper funds - I would file a small claims suit.
Thus, I only provided my first name and told front line staff - I would provide full details of my policy number, surname once I see a manager in person. I did inform I was a policy holder. I found it cowardly in retrospect.So question at this point - am I entitled to mail this to the corporation. Have done a corporate search and have a Director
Have no other choice if I cant even get a manager at the lower levels for policy issues.Thanks for your insight
Submitted: 2 months ago.Category: Canada Business Law
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Answered in 17 minutes by:
12/20/2017
Business Lawyer: Legal Ease, Lawyer replied 2 months ago
Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 102,978
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Business Lawyer: Legal Ease, Lawyer replied 2 months ago

I am sorry to hear this.

What you can do is apply to the court for an order for substitute service on the basis that they are avoiding service by not allowing to to serve someone in authority.

The court will then allow you to serve the defendant by way of substitute service and this could include mailing it or leaving it with someone else such as the secretary.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 2 months ago
You didn't answer question 1
The answer regarding the service of the claim appears a generic one and not one conversant in Ontario Small Claims court procedures
Do you have active up to date knowledge on procedures for this aspect?
Business Lawyer: Legal Ease, Lawyer replied 2 months ago

Yes I do. I am a senior lawyer in Ontario and I am fully aware of the laws and the process.

Do you want me to continue with you or not?

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Customer reply replied 2 months ago
You didn't even answer question 1 above.
So I shall have to kindly ask for another person to answer fully - thankyou
Please opt out
Customer reply replied 2 months ago
Hello - can someone answer the questions who has a fluid knowledge of small claims proceduresQuestion*****of jurisdictionQuestion 2 -- since I cant get a manager readily - can I opt with registered mail on the affidavit of service with a director listed
on the corporation search - this would be someone much higher up in the organization than a manager who deals with policy particulars
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Legal Ease, Lawyer
Category: Canada Business Law
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