Halton Hills Newspapers

Acton Free Press (Acton, ON), November 22, 1978, p. 17

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m The Acton Fre Press Wednesday Nov Small claims court topic of seminar cvca 017 costs Queen Park raising the limit in small claims court from to according to Toronto radio station and at least Hal ton Hills residents are aware of the full impact of this decision The story broke in Toronto just 12 hours after 11 people gathered In the Acton to hear Bob an tiding student with a Georgetown law firm discuss mall claims court Mr had hinted he limit might be raised but at that time he said he did not know by how much or when The evening was sponsored by the Hills ity Legal clinic and the Ontario Community Legal Education Mr Benner explained that in Hills small claims cases arc heard in the Milton court house with Judge Roberts presiding Bruce McNabb is the clerk The guest speaker told the people present that there are four limitations to bringing a case before small claims court The firit is monetary he said At the present time any cases over will not be dealt with in this court He explained if someone owes the plaintiff it would be more advantageous for the plaintiff if he was willing to give Up the and lake the case to this court rather than going to a higher court and perhaps having to hire a lawyer and pay higher court The second limitation is the type of case Mr pointed out the small claims court does not have jurisdiction in land matters or will disputes Both these matters come under a court There is also a geographic limit on the small court Action may be taken in the area where the mishap occurred or in the do fen territory However if something hippens in Toronto and the BOB an articling student with a Georgetown law firm about small claims court at the Acton Y Wednesday evening MR SANDMAN a Keeshond breed dog i owned by Laura Treble of Tanhardt Kennels Three graduate from dog course One of the most unusual classes in Hills graduated last Thursday night at Stewart town Hall Three owners and their dogs graduated from 10 week dog course under the tutelage of Laura Treble proprietor of Tanhardt Kennels It I Georgetown There was a class of dogs of them giving owners plenty of problems In fael two of the three graduates were real characters Laura Treble said Object of the course is to tram people to train their dogs and the students who graduated worked hard graduation Graduates were Barry Bell of Terra Cotta with Trooper a mixed breed Diane with another mixed breed who stood at the head of the and John Day with Harry another mixed breed Owners were and so was Laura Treble is arranging for another course starting in January with con classes as well as obedience lessons at the 16 Mountainview Road S 8776984 Sulla GEORGETOWN Try Our Delicious Fish Chips or our Chinese Cuisine HOURS Monday to 10a m Friday Saturday 10a m toilpm Sunday I2noonto8pm Telephone defendant lives in Hamilton action cannot be taken In he explained A time limit is also im posed Various types of in just ices are covered by various time limits Mr noted A dentist for example must have action taken against him within six months compared to a high way traffic violation which has a two year limit Anyone under be sued Mr pointed out If this minor has a business he is still not responsible in the eyes of the law However if his company is Limited or Incorporated In this case he can be liable In turn a minor sue This can be worked around Mr said If the minor a next friend an adult who is willing to go to court on his behalf However the adult is responsible for any costs should the case be lost and the minor does not pay The first step in bringing a cast to court is for the plaintiff to fill out a claim statement giving his version of the story On this he must list his name and address and that of the defendants If it is corporation i the president vice president tin owner of the business and hi or her ad dress must be men Honed In pre trial state the plaintiff must take the statement to the clerk an fee the amount riding on of claim will then serve the defendant with the claim with the plaintiff paying HO a milt for the distance travelled Tins is one way only inddoes not apply if the clerk must make trips to make If the tannot the claim and here is tht is tring avert the mutiny pi in send registertd The Ins days to do about tit tliim Mr explained He the cist of Iwik rem an If jour landlord is suing you for months rent say you only owe ant month tan fik a dispute If you do this plaintiff must decide whether forgel the ither month for the whole thing If lit loses his case be must he court costs And if the docs not within ten days of being served the plaintiff is issued default judgement However if the plaintiff does tct default judgement he does not nectssanly what he wints He still has prove hat Ins is reasonable and justifiable Counter ire not usual Mr Bonier said He explained that if A and were in fir accident and no no could prove whose fault it was the people would together forget the incident if A later decides to sue could Both cases would be heard the hint and the Judge would bt the one decide who is guilty according to Mr good way to give the plaintiff a chance to drop the charges and come to his senses All claims can be dropped anytime before the cose is brought to court Mr noted that only per cent of charges are actually brought to court The remainder are usually settled out of court Even with this small percentage of court cases there still backlog If you were to start actions against someone in Halton Hills tomorrow your case would not be heard until January At the trial only one wit is necessary Mr Benner pointed out Witnesses should be subpoenaed although it is not necessary He explained however that if a witness agrees to be in court without a subpoena and docs not show up the plaintiff automatically loses the case However If subpoena has been served and the witness docs not show up the judge can send a police officer to get him and bring him to court Hie witness can sometimes just send an affidavit and it is up to the judge whethtr or not to accept It as evidence If a witness is 111 or the plaintiff has not yet gathered tnough information he the plaintiff can notify the defendant and ask if he would consent loan adjournment If he docs not Mr told audience go to court anyway and he judge you phi ned the defendant and asked for an adjournment give him reason for a postponement and the judge will give you one anyway When the case is called and one party is present in most cases the judge will rule favor of the person who is there the trial the plaintiff has the conduct of action He tails his wit first with the defendant having a chance lo crossexamine them Tht judge may also ask questions he feels were missed by both rounds of questioning Witnesses are not allowed to read from notes while on the stand Mr said Policemen however are allowed to read from their statements as Ihcy would have been written up at he time of the accident and not the night before the court date Another reason is they deal with hundreds of accidents in a month and might not remember the particulars of a specific accident Mr also told the group it is always best make a traffic claim in the area the policeman works He ex plained this way the plaintiff can almost be assured the officer will be a witness After the trial the judgement is made If the plaintiff wins the case the judge will give him a judgement paper which merely states the defendant owes the money or whatever It does not mean the plaintiff will rcttive what is coming to him The defendent may have to return lo court several times before he will receive what is his Mr said If Iht defendant has not paid up he will to tell a judge why A plaintiff if he has insuf money can apply for instalment payments or the judge can order a freeze on his payments until he can pay way to get money from the defendant is the garnishee of wages bank account or any debtor the defendant Mr ex plained that the judgement creditor Plaintiff can go to the defendant s employer and arrange to have a portion of his wages taken away Appeals can also be made if the plaintiff or defendant was unable to make It lo court There would have to be good merit for an appeal Mr said such as if the man wife was having a baby the morning he was due into court and he forgot That is a reasonable reason for not showing up The Ministry of the Attorney General bus put out a Small Claims Court booklet which could bt a good to anyone planning on to court The next and fiml seminar will be held tonight day at Knox 1 rcsbytenan Church hall in Georgetown dealing with the I- Law Reform CLEAN SWEEP PROFESSIONAL CIEANINI OF fireplaces stoves franklin heaters Are Fully I Holm 8531547 To The Residents Of Erin Township THANK YOU For re electing me to Erin Township Council I am here to serve you If you have concerns please contact mo Sincerely GEORGE ROOT To the Citizens of Acton 1 A very special Thanks to all who 1 supported me at the polls during the 1 past 12 years Congratulations to the mayor and council of Halton Hills 1 Best wishes to everyone MsyJ LEADERS NEEDED URGENTLY FOR ACTON SCOUTING EXPERIENCE NOT NECESSARY Do you like working with boys ages to 18 Do you like a challenge Camping Hiking etc Call Don McDonald The Credit Valley Conser vation authority CVCA passed the trimmed Information and Education I and Advisory Board budget during last Thura day meeting at Meadow It was the second time up for the budget and the CVCA full authority meeting con firmed the postponement of the moving or the education centre from Terra Cotta Vaughn House on the flth Line of I and fc chairman R claimed the putting off of the move saves the when his committee is being taxed by special expenses The Vaughn House move is to be shelved until Harrison said the I and is producing a anniversary report and is setting aside for special events marking the CVCAS first quarter century Also the Authority s general brochure is to be updated this year That is another large Item according to Harrison The I and budget with these extra expenses appears out of step with other CVCA committees Indicated son In addition to the above he told authority members there is a general six per cent increase In expenses And also for the first time there are that were formerly covered elsewhere and n they are reflected in the specific advisory board budget said Harrison The I and E advisory board is expected to generate about In revenue facing costs of This a increase above the previous budget Most of the CVCA a 1 visory board budgets were OK d at a previous meeting HAVE YOU CUPPED LUCHDRAW COUPON TBOWLES STOVE CO LTD Mountainviow Georgetown presents Goodness Gracious GREAT STOVES OF FIRE HONDA CIVIC IMMEDIATE DELIVERY you M al will b your oaml BAZ MOTORS LTD Is topi Sales and Service ITOGuolphSI Georgetown 5288 or NOTICE TO FRENCHSPEAKING RATEPAYERS OF THE REGIONAL MUNICIPALITY OF Election of Members of the French Language Advisory Committee for Secondary Schools Notice is given that meetings of the French speak ratepayers will be held Halton Board of Education on Monday December 11 to elect six French speaking ratepayers to an Advisory Committee of the Halton Board of Education The Committee wll also include representatives from the Board of Education The Committees purpose will be to make recommendations to the Halton Board of Education on ways of meeting the needs of French speaking students in the Reg Municipality of Two of the members will be elected by the French speak ratepayers residing in Haiton Hills and Mlton Three of the members will be elected by the French speaking ratepayers residing in Burling ton One of the members will be elected by the French ratepayers res ding in Oakville Election Meetings and Milton Monday 11 Goo gotown School Si cot Goo Oakvlllo Monday December 1 1 G dun oh School 124 Ma go at DO Morton Chairmen Cemrs Lavender Director CONSEIL DEDUCATION DE HALTON AVIS AUX CONTRIBUABLES FRANCOPHONES LA MUNICIPALITY REGIONALE DE Election Comite Consultant Franca so pour lea Secondares Avis est par presentes donna quo des de d expression francaiso du conseil education de Halton lieu le lundi 11 decembre 1978 dans le but d six francophones a consulta Ce comitiS comprendra des du scolaire consultant est charge de mettro au point propositions a besoms francophones de la six membres deux par les buablos francophones qui do Halton Hills at Milton Trois membres elus par contnbuables francophones qui la do Burlington Un sera par les franco phones qui la villa Oakville Assembles Electorate losconl v loa Georgetown High School St Goo Pou lasconl IsdOakvllo lolund Gordon E duo t24MagnrctDrvo D Morton President la commission Pour lea con It qui ha on lodo Burt fundi 11 a h ConI Admin ion Lino I ES Lavender education

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