I currently have an Ontario Small Claims Court claim with the defence noted in default, but my legal representation has notified me that they are closing their practice and will not be continuing forward with me.
I've come this far and want to at least get a judgment finalized.
I've gotten some legal advice and believe my next step is that I personally request a court clerk to sign a judgment or to file for a Default Judgment hearing without getting further representation.
Is this true that I don't need a legal rep because the other party is noted in default and the next step is fairly straightforward?
If so, is it better to try to get a clerk to sign the judgment as per my claim, or make a request for default judgment hearing?
My case is that my former contract employer owes me for wages they didn't pay out. They also breached the terms of the contract by not giving me the stated due notice for termination. My previous rep also put in the claim that I was miscategorized as a contract worker when the expectations and work more align with a full time employed position and claimed damages in-line with the termination of a full time employee. These additional damages are what makes me think maybe I have to have a hearing, rather than just requesting a clerk to sign the amount.
Additionally, I'm unsure about claiming interest on the debt - in the claim I see it says 'Pre-judgment and post-judgment interest on the amount claimed pursuant to ss. 128 and 129 in accordance with the Courts of Justice Act, RSO 1990, c C 43, as amended;'
3. Is there a specific percentage I need to find to write on this form?
4. for all forms that have a section for 'representation', do I leave them blank?
Main Legal Issues:
Requesting a judgment in a Small Claims Court case where the defense is noted in default.
Determining the best course of action for finalizing the judgment without legal representation.
Understanding the process for claiming interest on the debt in accordance with the Courts of Justice Act.
Questions Answered:
Yes, it is true that you can proceed without legal representation in a Small Claims Court case where the defense is noted in default. The process for obtaining a judgment in this situation is relatively straightforward.
The decision between requesting a court clerk to sign the judgment or filing for a Default Judgment hearing depends on the complexity of your case. Given the additional damages claimed for being miscategorized as a contract worker, a hearing may be more appropriate to ensure a fair assessment of the damages.
The specific percentage for claiming interest on the debt in the form should be in accordance with the Courts of Justice Act. You may need to consult the Act or seek legal advice to determine the correct percentage.
For forms that have a section for 'representation', you should leave them blank if you are not currently represented by legal counsel.
Potential Strategies:
Request a Default Judgment Hearing: Given the complexity of your case and the additional damages claimed, it may be beneficial to request a hearing to ensure a fair assessment of the damages.
Consult the Courts of Justice Act: To determine the specific percentage for claiming interest on the debt, it is advisable to consult the relevant sections of the Courts of Justice Act or seek legal advice.
Consider Seeking Legal Advice: While you can proceed without legal representation, it may be beneficial to consult with a lawyer to ensure you are following the correct procedures and maximizing your chances of success.
Things to Discuss with a Lawyer:
Interest Calculation: Discuss with a lawyer the specific percentage for claiming interest on the debt and ensure that it is calculated correctly.
Representation Options: Seek advice on whether it is advisable to proceed without legal representation or if hiring a new lawyer would be beneficial for your case.
Judgment Strategy: Discuss the best approach for finalizing the judgment, whether through a clerk signing or a Default Judgment hearing, to ensure the best outcome for your case.
Always consult with a lawyer.
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