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I have been served with a small claims court file and wish
Hi, I have been served with a small claims court file and wish to submit a defence. How can I have the affidavit notarized and how do I serve the documents? The small claims court office has been clos… read more
Daniel Freudman
Daniel Freudman
2,562 satisfied customers
This is the jurisdictional clause in my contract: Ontario.
Just a question. My company is in Toronto and the business dealing was in Toronto. Can somebody sue me in say Sudbury, using Sudbury courts. The jurisdictional clause is as follows 1. GOVERNING LAW; SUBMISSION TO JURISDICTION. This Agreement shall be governed by and construed in accordance with the domestic laws of the Province of Ontario, Canada without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario, Canada or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Province of Ontario, Canada. Each of the parties submits to the jurisdiction of any provincial or federal court sitting in Toronto, Ontario, Canada in any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. Each party also agrees not to bring any action or proceeding arising out of or relating to this Agreement in any other court. Each of the parties waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto. Any party may make service on the other party by sending or delivering a copy of the process to the party to be served at the address shown on the first page of this Agreement. Nothing in this Section 12, however, shall affect the right of any party to serve legal process in any other manner permitted by law or in equity. 2. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and final, complete, and exclusive written expression by Seller and Buyer of all of the terms and conditions of sale with respect to the purchase and sale of goods covered by this Agreement and may not be changed, amended, or supplemented (by course of dealing, usage of trade or course of performance, or otherwise) except by written agreement signed by Buyer and Seller. Acceptance of the offer to sell the goods as set forth in this Agreement is expressly and strictly limited to the terms set forth herein. No additional or different terms or conditions (including but not limited to Buyer's purchaser order form) shall become part of this Agreement, any new or different terms being hereby expressly rejected. Buyer's retention of any goods or payment of any portion of the purchase price constitute Buyer's acceptance of the terms of this Agreement. Any representation, warranty, statement, price, drawing, description, data, specification, agreement, or undertaking (oral or written) not expressly set forth in this Agreement shall be superseded by this Agreement and shall not be effective or enforceable or relied upon. The terms of this Agreement are independent and severable so that if one provision is not enforceable, that does not affect the remainder of the provisions. After Seller's acceptance, Buyer may not cancel its purchase order without the written consent of Seller. Seller shall have the absolute right to cancel and not complete its obligations under Buyer's purchase order if, at any time, in Seller's opinion, all terms and conditions of this Agreement are not complied with by Buyer or Seller has reasonable grounds for insecurity with respect to performance by Buyer. No additional or different terms or conditions (including but not limited to Buyer's purchaser order form) shall become part of this Agreement, any new or different terms being expressly rejected. Buyer's retention of any goods or payment of any portion of the purchase price constitute Buyer's acceptance of the terms of this Agreement. The failure or delay in enforcing any provision of this Agreement shall not be deemed a waiver of such provision or right. No waiver of any term of this Agreement shall be effective unless made in writing and signed by the party against whom the waiver is asserted. No such waiver shall … read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
I have started a Small Claims court plaintiff's claim. The
Hi, I have started a Small Claims court plaintiff's claim. The defendant has served a defense but it is not as per requirements … read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
My ex-husband and I have been jointly served a Statement of
Hi - My ex-husband and I have been jointly served a Statement of Claim for which I wish to buy as much time to defend as possible.In our divorce (resolved by Uncontested Divorce) 25A form it states I … read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
I was served with statement of claim for a residential
i was served with statement of claim for a residential property we could not close on. It was resold and they are suing for the lower sale price. How do i prepare the intent to defend so i have an ext… read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
I am trying to fill out and send a form 18b, notice of
Hi, I am trying to fill out and send a form 18b, notice of intent to defend. Other than my (defendant) information; name, address, phone number, and who the form is addressed to (plaintiff's lawyer) w… read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
This is a continuation from the last question. I am not in
this is a continuation from the last question . I am not in the position that I can go to the court house to get the notice of motion sworn . because the superior court is in Ontario and I am in Calga… read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
my son is being sued in cival court(qweens bench) in Edmonton
my son is being sued in cival court(qweens bench) in Edmonton for approx. 800,000 ,he lives in B.C. He has no means for a lawyer or to pay and had no insurance as far as I know. He hired a lawyer 2 yr… read more
Tom B.
Tom B.
Barrister & Solicitor
LLB Bachelor of Laws
2,264 satisfied customers
I want to sue a dating service who is doing business in Ontario.
I want to sue a dating service who is doing business in Ontario. I did a business registration search and located their corporation profile report and their registered head office is in California. Th… read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
I would prefer Legal Ease to answer my question if possible.
I would prefer Legal Ease to answer my question if possible. We are currently preparing for an examination for discovery in BC supreme court. On October 9, 2014 I sent the opposing party a notice of a… read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
Hi again. Another question on my Ontario Superior Court case
Hi again. Another question on my Ontario Superior Court case in which I am the defendant (and defending myself). I have filed my Statement of Defense, including a Counterclaim, served it on the Plaint… read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
I am a defendant in an Ontario Superior Court case. I am defending
I am a defendant in an Ontario Superior Court case. I am defending myself and filing a Notice of Intent to Defend to gain some extra time to file my defense. I understand I must serve the Notice to th… read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
If Legal Ease is available, I would like them to answer this
If Legal Ease is available, I would like them to answer this question. I am currently self--representing a case in the supreme court of bc. I am the plaintiff. The defendants have now started a case a… read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
If one were going to file for divorce here in Ontario from
If one were going to file for divorce here in Ontario from one's spouse living in Pakiston, married about 5 years, separated over a year, no children, no property, and hoping the spouse just doesn't b… read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
I live in Ontario Canada, and I have filed a Reply to a Statement
I live in Ontario Canada, and I have filed a Reply to a Statement of Defence with the Registrar in accord with a Court Order. Is the Registrar supposed to inform me that my Reply has been filed withou… read more
Ulysses101
Ulysses101
Litigator, Barrister and Solicitor
LLB
3,815 satisfied customers
1/ I am self defending in Ontario Superior Court and filing
1/ I am self defending in Ontario Superior Court and filing an notice of "intent to defend", how do I serve the plaintiffs lawyer with this notice and what section of of the "affidavit of service" do … read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
Hi Debra Im not sure if I asked you this already but I need
Hi Debra I'm not sure if I asked you this already but I need to put in an emergency motion to have my files released but can't really afford to fly out to another province for this. Is there a way to … read more
Debra
Debra
Lawyer
Doctoral Degree
124,694 satisfied customers
Hi Joseph, I have prepared the Intent to defend form, can
Hi Joseph, I have prepared the Intent to defend form, can I just fax it to the plaintiffs lawyer and do I have to register this form with the court as well or just send it to the other lawyer? should … read more
Yossarian (user name)
Yossarian (user name)
Bachelor's Degree
957 satisfied customers
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