Hi, Guest
07-09-2007, 01:10 PM
Okay here is a legal answer and a life answer:
Legal answer is that if you have enough information to ID the defendants you can in fact file a SCC in Ontario. Then serve the other party, who, because they live in the US will get 45 days to respond.
45 days after serving them the plaintiff's claim, you can apply to the SCC for a default judgment, which you will be granted automatically should the other side fail to file a defense. Once judgment is granted you can then seek to enforce it assuming that the defendants live in a jurisdiction that will recognize an Ontario SCC judgment. Enforcement can include attempts to garnish wages, seize bank accounts (I don't know how effective a judgment debtor exam would be in this case)
Life answer is that you've been screwed, get the dent fixed yourself and move on with your life...
NefCanuck
Legal answer is that if you have enough information to ID the defendants you can in fact file a SCC in Ontario. Then serve the other party, who, because they live in the US will get 45 days to respond.
45 days after serving them the plaintiff's claim, you can apply to the SCC for a default judgment, which you will be granted automatically should the other side fail to file a defense. Once judgment is granted you can then seek to enforce it assuming that the defendants live in a jurisdiction that will recognize an Ontario SCC judgment. Enforcement can include attempts to garnish wages, seize bank accounts (I don't know how effective a judgment debtor exam would be in this case)
Life answer is that you've been screwed, get the dent fixed yourself and move on with your life...
NefCanuck