New eligibility limit for small claims
Did you know that the eligibility limit for small claims cases will increase from $7,000.00 to $15,000.00 as of January 1, 2015?
Mr. Kostas and his wife had just made an offer to purchase the Dalton family’s home.
In the document entitled “Declaration by the seller of the building”, the Dalton family ticked “no” to the question “Have you had any knowledge of spills or seepage of liquids in the basement?
Based on these statements, the Kostas family bought the house and moved in a few weeks later.
A few months later, the Kostas family experiences water infiltration in the basement.
They discover that the pump system installed by the Dalton family is inadequate.
Mr. Kostas immediately notifies Mr. Dalton, who says he has no information on the subject.
The Kostas family then contacted their insurer to have him inspect the premises.
Once on site, the adjuster determined that the damage was the result of a latent defect in the building.
The Kostas family mandated Drainage Secours to carry out all the work, at a cost of $12,000.00.
Mr. Kostas is concerned about going to Quebec Court and incurring costs to collect his debt.
Mr. Kostas works 50 hours a week to support his family, and fears he won’t have time to prepare his claim.
Did you know that as of January 1, 2015, the small claims limit will increase from $7,000.00 to $15,000.00?
Mr. Kostas will therefore be able to file a small claims case to assert his rights to $12,000.00 in damages caused by the latent defect.
Although he cannot be represented by a lawyer on the day of the hearing, Mr. Kostas will be able to consult a lawyer beforehand in order to be assisted in his efforts.
This way, when the day comes, Mr. Kostas will know which exhibits to submit and who to call as a witness to prove the latent defect, so that he can recover the $12,000.00.
If you intend to file a small claims claim and feel you need advice, you should consult a lawyer before the hearing, so you’ll be better prepared.
