Monday, December 6, 2010
Small claims and the many delays
My spouse and I were at our motion hearing for a small claims case we were involved with the other day. That same day we had a settlement conference for the same case, however, we wanted our motion heard first. Our motion was to dismiss this case in its entirety or at the very least our involvement in it. On the date of this motion, it had almost been two years since the claim was first filed. During this time, we had a settlement conference already only to be told a second one was scheduled because they found the other person they were suing in default and this person finally filed a defence in essence starting the procedure all over again. We had been scheduled a trial date only for that to be cancelled and another settlement conference scheduled. This other person who was originally found in default would never respond to a summons, ignore all notification and ignore the case completely but as soon as his pay cheque was garnished it did not take long for him to file a motion for a stop to the garnishment and a motion to have a chance, another chance that is to file a defence. Who ends up getting screwed in the end is us. We replied and did everything we were supposed to and in the end out motion was dismissed because as the judge stated, because the delay was no fault of the plaintiff, but instead it was a clerical error, he could not grant our motion. We actually spoke to that clerk and she admitted her mistake in terms of keeping with the time lines of when a date has to be set by, but when it came time for court, the judge was informed that the file had been misplaced. So here we are waiting for the second settlement conference because of someone elses error. We play by the rules and get screwed. Karma being karma, we have a good case and should win in the end, but it doesn't diminish the fact that it seems everyone else can get away with errors and outright lack of respect for the rules that are in place regarding time lines and filing on time and get away with it.....but heaven forbid we are late or don't respond to something on time, we would be raked over the coals. Oh and FYI, if you ever need an adjournment and want to make sure the court has no choice but to grant one, simply call a witness or main party to the case and tell them they don't have to be there, and the next day when they don't show up, simply ask for the adjournment and low and behold it will be granted because the court cannot continue without that individual. Sneaky but effective.
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