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    fernando.a's Avatar
    fernando.a Posts: 2, Reputation: 1
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    #1

    Apr 5, 2011, 03:52 PM
    Small claims court ontario statute of limitations?
    A week ago I went to court cause of person owing me $14,000.00 on back rent for storing const. equiptment on my property cause it was a friend I let it go and about once a year asked him for money that never came after 5 years I had enough and asked him for money he said he did'nt have any and wanted his equept. Back. Long story made short we went to court and the judge through this statue of limitation that I could only go back 2 years for the money owed and forced us to settle. Was the judge write to do that as I can see he was not.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 5, 2011, 04:46 PM

    Where did you research? You found the old law.

    It's two years - Statute of Limitations in Ontario: Limitation Periods
    fernando.a's Avatar
    fernando.a Posts: 2, Reputation: 1
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    #3

    Apr 5, 2011, 05:48 PM
    I don't understand your question,. the last time I talked to this person about paying me was Aug. 2010 regarding the past 5 years of outstanding rent, I believe the statue of limitation is in regards how much time you got from the time you last contact a person to payup to file the lawsuit, not the amount of money outstanding.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Apr 5, 2011, 05:55 PM
    Quote Originally Posted by fernando.a View Post
    I don't understand your question,... the last time I talked to this person about paying me was Aug. 2010 reguarding the past 5 years of outstanding rent, I beleive the statue of limitation is in reguards how much time you got from the time you last contact a person to payup to file the lawsuit, not the amount of money outstanding.
    As I understand it, you had an agreement for him to rent storage space from you for his equipment. You entered into that agreement 5 years ago. During that time you asked for the rental about once a year, but never received anything. In that case the SOL ran out 2 years after the original agreement. I don't know where you got the idea that the creditor can restart the SOL just by asking for payment. If that were the case the SOL would never expire.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Apr 6, 2011, 08:15 AM

    A phone call or attempt to collect does not extend the Statute.

    The Judge is not wrong; I am not wrong; you are incorrect.

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