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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100436
Experience:  Lawyer
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I need to issue a summons against a Candian resident can you

Customer Question

HI i need to issue a summons against a Candian resident can you advise what the process is please
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Please provide The basic facts and the province.

Customer: replied 1 year ago.
I am based in Australia paid a contractor in Canada 45k AUD to carryout works 12 months ago and he has never completed the works he has made of 60 commitment s to repay the money including a payment plan where he issued a Pay Pal echeque for 10k that was dishonoured. I need to issue a summons against him for the debtAdam Dicker
35B-10520 Yonge Street
Suite 328
Richmond Hill, Ontario, Canada L4C 3C7
Phone: 1-***-***-****
Fax: 1-***-***-****
Skype: adam.dicker
Expert:  Debra replied 1 year ago.

So you are actually asking how to sue him?

How much does he owe you in Canadian dollars?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

I am sorry to hear this.

Because of the amount owing you cannot sue in Small Claims Court but must sue in Superior Court.

That means that while you have the right to self-represent it is very complex and so hard to do and given you are in Australia it would be exceedingly difficult to self-represent.

For this reason you really have to retain a lawyer to sue this person for you.

As a first step you should retain a lawyer in Toronto or Richmond Hill to send this person a letter demanding the money by a deadline that you set and threatening a lawsuit. Hopefully the letter itself will work and you won't have to sue.

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