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I was searching for some guidance and fell apon this thread. Could one of you clarify something? My friend operates a construction business and it is an Ont. Limited number for the legal name operating as XYZ. He was sued and the plaintiff did not include the Ont. Limited legal name of the documents. My neighbour already filed a defense and was instructed by the cllerk at the court office that his defense had to show the plaintiff and defendant names exactly the way the plaintiff had written them down. THis is what he did.

Is it too late to send in an amended defense or is there a way to ask the court to adjourn this since the defendant did not sue the correct legal name of the company?
Can this be addressed before the selltlement conferance?

I was searching for some guidance and fell apon this thread. Could one of you clarify something? My friend operates a construction business and it is an Ont. Limited number for the legal name operating as XYZ. He was sued and the plaintiff did not include the Ont. Limited legal name of the documents. My neighbour already filed a defense and was instructed by the cllerk at the court office that his defense had to show the plaintiff and defendant names exactly the way the plaintiff had written them down. THis is what he did.

Is it too late to send in an amended defense or is there a way to ask the court to adjourn this since the defendant did not sue the correct legal name of the company?
Can this be addressed before the selltlement conferance?

I was searching for some guidance and fell apon this thread. Could one of you clarify something? My friend operates a construction business and it is an Ont. Limited number for the legal name operating as XYZ. He was sued and the plaintiff did not include the Ont. Limited legal name of the documents. My neighbour already filed a defense and was instructed by the cllerk at the court office that his defense had to show the plaintiff and defendant names exactly the way the plaintiff had written them down. THis is what he did.

Is it too late to send in an amended defense or is there a way to ask the court to adjourn this since the defendant did not sue the correct legal name of the company?
Can this be addressed before the selltlement conferance?

I was searching for some guidance and fell apon this thread. Could one of you clarify something? My friend operates a construction business and it is an Ont. Limited number for the legal name operating as XYZ. He was sued and the plaintiff did not include the Ont. Limited legal name of the documents. My neighbour already filed a defense and was instructed by the cllerk at the court office that his defense had to show the plaintiff and defendant names exactly the way the plaintiff had written them down. THis is what he did.

Is it too late to send in an amended defense or is there a way to ask the court to adjourn this since the defendant did not sue the correct legal name of the company?
Can this be addressed before the selltlement conferance?

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Huh? The claim is not liquidated according to the Court clerk? Well, the judge is supposed to examine the evidence (via documents etc.) of the amount you claim before he/she issues the default judgment. I'm at a loss to understand what happened.

The fact that the claim was mailed to the wrong company branch wouldn't likely be fatal to the judgment, but as to why the thing went through unliquidated, I'm stumped. Whatever. Anyway, the court clerk has your file and she will tell you what to do from here.

In the old days, they used to have a bailiff from the Sheriff's office hand deliver these things for a nominal fee. In cases like this, it's still often wise to serve the parties you are suing by delivering it in person or by registered mail to avoid confusion. Or you could have hired a paralegal who would have taken care of its delivery for an additional modest fee (most or all of which would have been added on to the judgment award, if successful).

Thanks for all your reply , my default judgment already declined by the court clerk and i understand because of my claim is not liquidated. It is a good experienced though at least next time if i will file a claim again i should see all the angles. ,try to weigh what is the situation and what i want . this is my first time and i'm learning so much specially with all the inputs i am receiving from this site.

since my default judgment was refused , i requested an assessment hearing and that is my choice .but my concern is the address what i found after i did my business name search . their head office is really where i sent the copy of my small claim to the defendant and that is the address i declared on the document . but like what i said after i did my business name search i found out they used/registered different business address and not the actual head office where they operating their business. on my affidavit of service there are few options i need to check WHERE I SERVED MY CLAIM ? i wrote down the address where i served , then i checked the box it said : THE ADDRESS OF THE CORPORATION'S PLACE OF BUSINESS.

Can i used that as an argument since the address where i delivered is also the place where they operating their business ,and not the one they registered on the ontario business corporation ?

The Small Claims Court Act is another name for the Courts of Justice Act.
The average person is likely to be confused by the latter name though.

All a defendant who was noted in default can do afterward is file a motion asking the Court to set aside the judgment. But the defendant's application must also show a meritorious defence or it will be thrown out.

A meritorious defence is one where the defendant can show a plausible reason why the judgment rendered against them should be set aside. It could be that the amount awarded was grossly inflated, some fatal error/material mistake in the defendant's identity, or they could be just plain innocent.

If all a defendanrt can do is show the Statement of Claim was mailed to a wrong address, or wrong company branch, by itself, that will not prove sufficient reason for granting a new trial.

DanielBl Welcome aboard. Thanks for your first post.

I should point out that there is no Small Claims Court Act of Ontario. The Small Claims Court is a division of the Superior Court of Justice. The notations that you quoted are correct but they came from the Courts of Justice Act. Many people mistakely refer to the Small Claims Court Act of Ontario so I understand the confusion.

A Meritorious Defense is one that deals with the subject matter in an honest straight forward way, as opposed to a defense that is technical in nature (has no merit) or a defense that is used as a delaying tactic

Thanks for keeping me on my toes.