Small Claims Court Expert Puts Pain Clinic's Lawsuit on Ice!

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) October 13, 2009 -- In a victory focusing on a strict interpretation of Ontario's Limitation Act, small claims court expert "MrSmallClaimsCourt", led by lead lawyer Jordan Farkas and his team of paralegals, successfully moved in a Brampton small claims court to bar a Mississauga pain clinic from proceeding to trial against his elderly client on the basis of a lapse in the limitation period.

Under the current Limitations Act, a claimant has until the second anniversary of the day on which the claim was discovered to make a claim. If one sues beyond the expiration of the limitation period, the Defendant may move, as in this case, to bar the action.

"The client's last attendance at the clinic was in 2006, and the claim was filed in 2009. That is just unacceptable, and the small claims court agreed. This victory shows that even with backlog, the court will expect you to file your claim on time or lose your right to go to trial." explained Farkas afterwards.

The small claims court and pain clinic were not available for comment afterwards.

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