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how can i file a law suit agaianst a motor bike dealer ship…

Customer Question
how can i file a...
how can i file a law suit agaianst a motor bike dealer ship for a faulty rear shock that caused me to crash and break the bike.
Submitted: 8 years ago.Category: Canada Law
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Answered in 4 minutes by:
6/30/2010
Lawyer: Yossarian (user name), Lawyer replied 8 years ago
Yossarian (user name)
Category: Canada Law
Satisfied Customers: 957
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You can issue a claim in Small Claims Court. You do not need to retain a lawyer to sue in Small Claims Court. The rules are simpler and many litigants do not retain lawyers. The claim is issued by the court (A fee is paid to issue the claim . In Ontario, the fee is $50.00.)Evidence is attached to the claim like the bill of sale, and any letters you wrote demanding repairs.

 

You should send a registered letter to the dealership demanding that the repairs occur before you sue.

 

You could also retain a civil litigation lawyer just to send a demand letter threatening litigation. This may achieve the result you want.

 

Your provincial or territorial law society's lawyer referral service can provide you with names of local civil litigation lawyers.

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Customer reply replied 8 years ago
okay, what is a registered letter? and to issue a claim I can just go to the local court house and have it done there?
Lawyer: Yossarian (user name), Lawyer replied 8 years ago

You can send a letter by registered mail through Canada Post. The recipient of the letter needs to sign for the delivery upon receipt.

 

The claim is issued at the court.

 

You should also obtain 2 or 3 estimates from other garages for the repairs and attach copies of the estimates to your quote.

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Lawyer: Yossarian (user name), Lawyer replied 8 years ago

In retrospect, I want to clarify that you should prepare the claim before you go to court and then have it issued. In Ontario 3 copies of the claim are needed.

 

 

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