Toronto Tenants Unite!: Re: Small claims / verbal agreement

Toronto Tenants Unite!
[ Post a Response | Toronto Tenants Unite! ]

Together we are strong!

Re: Small claims / verbal agreement

Posted by Dan McIntyre on 9/10/2009, 4:46 pm, in reply to "Small claims / verbal agreement"

If the incident he claims was true and it was more than 2 years ago, he is out of time, and you can have it dismissed on that basis alone.

If his claim is untrue, you will have an opportuntiy to respond in writing and at a hearing, although they usually try to have a pre-hearing first.

There is a Small Claims Court office at 47 Sheppard. Same building as the Landlord Tenant Board. They are quite helpful. You may have to pay a fee of about $40 to file a response, but they can some times waive that fee.

At worst it is a your word against his, but the burden of proof is on him. He has to prove his claim on a balance of probabilities.

A few years ago, I had to deal with a nuisance suit. We were awarded costs - although he never has paid.

Just follow the forms and the procedure...but remember that 2 year rule. Good luck.

--Previous Message--
: Long story short, stayed with a friend years
: ago and paid him money, nothing on paper.
: He forced me out when he found people who
: would pay more and I spent 2 years trying to
: recover and get back into a stable living
: situation. He is now taking me to court
: saying I verbally agreed to a 15% rent
: increase, stopped paying right after that,
: as well as a lot of other nonsense. I just
: would like to know the likelyhood of his
: story holding up. Everything was verbal,
: but he may have a few people (friends or
: family) willing to lie for him on this
: (witness etc) and I can't prove that I
: didn't agree to something verbally unless
: someone was stapled to me 24/7.
:
: When all the details are on the table,
: people tell me I have a good counterclaim,
: but I'm really not interested in that. I've
: moved on and honestly find it incredibly
: hard to understand why he hasn't. He has so
: much more than I do and I lost so much
: thanks to his little ploys.
:
: Help?
:

Message Thread:

Small claims / verbal agreement - Stabbed 9/10/2009, 1:47 am
- Re: Small claims / verbal agreement - Dan McIntyre 9/10/2009, 4:46 pm
« Back to thread

Post a Response

Your Name:

Subject:

Message:

--Previous Message-- : If the incident he claims was true and it was : more than 2 years ago, he is out of time, : and you can have it dismissed on that basis : alone. : : If his claim is untrue, you will have an : opportuntiy to respond in writing and at a : hearing, although they usually try to have a : pre-hearing first. : : There is a Small Claims Court office at 47 : Sheppard. Same building as the Landlord : Tenant Board. They are quite helpful. You : may have to pay a fee of about $40 to file a : response, but they can some times waive that : fee. : : At worst it is a your word against his, but : the burden of proof is on him. He has to : prove his claim on a balance of : probabilities. : : A few years ago, I had to deal with a : nuisance suit. We were awarded costs - : although he never has paid. : : Just follow the forms and the : procedure...but remember that 2 year rule. : Good luck. : : --Previous Message-- : Long story short, stayed with a friend years : ago and paid him money, nothing on paper. : He forced me out when he found people who : would pay more and I spent 2 years trying to : recover and get back into a stable living : situation. He is now taking me to court : saying I verbally agreed to a 15% rent : increase, stopped paying right after that, : as well as a lot of other nonsense. I just : would like to know the likelyhood of his : story holding up. Everything was verbal, : but he may have a few people (friends or : family) willing to lie for him on this : (witness etc) and I can't prove that I : didn't agree to something verbally unless : someone was stapled to me 24/7. : : When all the details are on the table, : people tell me I have a good counterclaim, : but I'm really not interested in that. I've : moved on and honestly find it incredibly : hard to understand why he hasn't. He has so : much more than I do and I lost so much : thanks to his little ploys. : : Help? : : :

Optional Link Title:
Optional Link URL:

Please enter the numbers above. This helps stop spam.

By posting, you confirm that you have read and agreed to be bound by the board's usage terms.

POLICIES AND TERMS OF AGREEMENT

The purpose of these boards is to provide a non-judgemental, supportive environment for tenants to discuss problems they are having and possible solutions. We welcome all tenants to post messages relevant to their struggles and successes, ideas for change or upcoming events of interest to tenants. However, we require th at all postings be respectful of other opinions and ideas, and be free of condemnation.

We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any messages. The messages express the views of the author, not necessarily the views of the Federation of Metro Tenants' Associations. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email; and we will make every effort to remove it, if deemed necessary.

You agree, through your use of this service, that you will not use these boards to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually explicit, threatening, invasive of a person's privacy, or otherwise violative of any law. You agree not to post any copyrighted material unless the copyright is owned by you. You also agree not to impersonate any person in the Toronto Tenants Unite! Message board. Anyone found in violation of the above will be banned from the board.

The Federation of Metro Tenants' Associations reserves the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless the Federation of Metro Tenants' Associations, Boardhost and their agents with respect to any claim based upon transmission of your message(s). All personnel of the Federation of Metro Tenants' Associations shall have neither liability nor responsibility to any person or entity with respect to loss or damage caused, or alleged to be caused, directly or indirectly, by the information contained in this message board.

The Federation of Metro Tenants' Associations also reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message(s) posted by you.

Please note that advertisements, chain letters, pyramid schemes, and solicitations are inappropriate on these boards.

Finally, we encourage you to help build a safe, non-judgemental environment in this tenant message board community by treating each other with courtesy and respect.

Hosted for FREE by Boardhost.
Create your own free message board!