OH, and there will be no way for you to fight out because of the verbal contract... The written acknowledgement will cover that as well...

Because of the electronic documents act, the email will count as a proper signature, unless you can prove that someone hacked your email account and forged out the e-mail contact.

As well, because of the statute of limitations act(Ontario), the acknowledgement in writing would reset the statute, giving your friend 2 years from the date that the email was sent acknowledging that you owed the money. You really dinged your self by stating that you did want to pay it back.

Best advice? Defend the claim based on an inability to pay (are you still out of work or struggling?) and head to settlement conference. Make and arragement there, and follow it. Otherwise, your friend is going to get judgment for whatever it is he is asking for, and be able to enforce either by way of a garnishment or lien.

Some friend you are!

Why don't you offer to settle for the original amount owed?

(You acknowledged the debt in writing and therefore renewed the limitation period, the fact that it is unsigned may play in your favour - but, again - do the right thing: you borrowed the money.)

we're not lawyers here.... best thing is to contact small claims court and ask for precendent cases where friends are suing friends...

i'm more familar with business to consumer... and not consumer to consumer issues.

Thanks for the link, but I don't understand fully what the law explains because there is sooo many aspects to the limitations eg. if you were sexually abused...
someone pls help!!

Great question => "Can the S.O.L be renewed/revived after it has expired?" I can't recall if I've ever come across an answer to that one before? Either way, having a read through the Ontario Limitations Act, 2002 may be a good place to dig?? If I had time tonight, I'd help out and give it a dig through, too.. Time just isn't on my side tonight though..

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_02l24_e.htm

how is your friend suing you? small claims court?
how much do you owe your friend?

how do you know you're being sued?
did he serve you court papers?

Hello!! here is my story
borrowed money from a friend in march 2005, no written agreement no time frame on when i could pay him back, stopped all contact with him in 2005 after a argument over money(i was unemployed)
In summer time 2007 we reconnected briefly but when he started harassing me for money again I cut off all contact..In may 2009 he sent me an email for payment and I responded acknowledging to the debt and also stating that i would lke to pay something back(just to get him off my back) am now being sued for double of the amt that was borrowed. oh and the email we wrote to eachother in may is included in the file that he served me with.

My question is: the statute of limitations says he had 2 years to collect...when we reconnected in summer of 2007 the time limit would have already expired so does that mean because I acknowledged this again in May 2009 it resets or it doesn't matter because the time was already expired?

Another question is the SOL defines acknowledgement as money being paid OR a written and SIGNED acknowledgement...because it's in form of a email will it still count in court? Please let me know, I have to respond to the claim ASAP!!

Thanks Everyone!!