YOU DECIDE – should you have a legal right to sue, or must you sue with your spouse?
Deputy Judge asks "Why don't just assume your wife's claim?" ..."No need for you to both sue..."
The Defendants submitted that the 9 claims, of the plaintiff spouses, involved a joint asset, and were indivisible.
The 9 claims for damages flowed from separate distinct contracts with 3 Defendants, years apart.
Order of the Deputy Judge: November 17, 2014 endorsement The Ontario Small Claims court
1. The Plaintiffs(2) are limited to claiming a total of $25,000.00, plus interest and costs, from these three Defendants.
2. The Plaintiffs(2), shall have all (9) of their Claims combined into one document by the Trial Coordinator and these combined pleadings shall constitute the allegations against the three Defendants. In addition, the Plaintiffs are allowed to plead the Consumers Protection Act of Ontario. There is no need for the Plaintiffs to make further amendment to their Claim with regard to the pleading of the Consumer Protection Act.
Need help deciding?
HIGH COURT STATEMENT:
At a minimum, the reasons for a decision must be sufficient for the parties to understand the basis for it and allow for meaningful appellate review. … Bald assertions and generalizations are not sufficient for this purpose.
The judge's order does not help, since despite the Rules of the Court, he did not “Explain himself”
Thank you in advance for your thoughts.