Thursday, August 19, 2010

I am from the UK and have a disagreement with a canadian firm. Advice on taking them to court please.?

I have a several thousand dollar dispute with a Canadian firm, based in ON.





Please can someone with the know how help me with some easy questions.





1. I believe it will be a small claim. Do I pursue this through the English courts or Canadian courts?


2. What fees will I expect to incur?


3. If I have to proceed using the Canadian law system, do I have to attend?





Any other advice would be gratefully received.





ThanksI am from the UK and have a disagreement with a canadian firm. Advice on taking them to court please.?
I assume that your dispute is based on a contract. The question of jurisdiction will depend on the nature of the contract. Often the contract itself will state which law will apply. Otherwise it will probably depend on where the contract was entered into - IE if the Canadian firm has a UK office and you entered into the contract in the UK then the UK courts would probably accept jurisdiction. But if the contract was entered into in Canada then UK courts probably would not accept jurisdiction.





In the UK, if the claim is less than 拢5000 then you will be using the Small Claims court. You will incur a fee or a few hundred pounds to initiate the case, but there will be no further fees. If you win and they don't pay up you will also need to pay to take enforcement proceedings. Both these fees are recoverable from the other side if you win - although you need to remember to ask.





You will have to ask a Canadian what their procedure is.I am from the UK and have a disagreement with a canadian firm. Advice on taking them to court please.?
Sue them, you can stay at my house, or I'll go to court for you, I need some excitement

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