Need Information On Filing A Lawsuit Against Canadian Tire

I am filing a lawsuit against Canadian Tire for cutting up the drivers seat in my Chrysler Prowler. To replace the seat it costs $5500. At first they wanted to pay for it. Then started giving me the run around and not taking responsibility for it. I need to know who to file the lawsuit against, Canadian Tire Automotive Department, Canadian Tire Store or Canadian Tire Corporation ?. I need to make sure I do this right so I don't have to go through the process again. This will be just a small claim court case. One Lawyer I talked to wanted $3000 to go to court and $500 to send them a letter. I figured its better just to file the lawsuit in small claims court. That might get them to pay and avoid court costs. Sending a letter through a lawyer I doubt they will pay for damages and I will be out a quick $500. Thanks

I believe you'll need to get the paperwork together and then serve the papers (or have them served) to the owner of the store (since most of them are independently owned).

I got the forms from the courthouse I have to fill out and return. I don't think the one in Sault Ste. Marie is independently owned. I should contact a lawyer and try and get some information. If I do it wrong then I will have to re-do it over again.

Every single Canadian Tire is independently owned....Canadian Tire Corporation is not allowed to have any corporate stores....contract dating back 86 years now.

Thanks for the reply. Who would I file the lawsuit against. Canadian Tire store or the automotive department.

Did you guys know that Crappy Tire
do damage and do dirty tricks on customers cars
absolutely on PURPOSE ?
And did you know that since 1968 that I started dealing
as a customer they have not changed a bit?
UNBELIEVABLE BUT TRUE. Fraud, deception, con artistry,malisious damages
to their customers cars, it seems there it is not any Law applies tor them.

Dear "Last Ride" I sued in small claims court using the name
Canadian Tire
store # 123
address .
You can find the store number by Google search,phone book etc.
The judge told me that it was proper to use the legal business name of the company
that operated that store but went through anyway.

To "Last Ride" , You are not suing persons nor departments,
You are suing the company that owns that Can.Tire. Store.
I would refer to as: Canadian Tire, Store number, complete address with postal code,
and Name of the company that owns and operates that store.
Ask the Small Claims Court they will also give You a bunch of pages instructions
on how and what to do,prcedures etc.
You have to have CLEAR claim that is a specific exact amount of $$ and how you
came up at that amount detailed and precise so the Judge then can award You with that,
or else even if he wants to award to you the claim he can not justify it to the court.
You do not have to have all the needed "Evidence Proof, witness etc.(if you have it its great
but what matters it is that the Judge will understand).
Just try to write your case in a simple way any way you think it is good,
the Judge needs that to help You, -make it easy for the Judge -.
The cost to file a claim $ 75.00 and do not need a paralegal or lawyer -its up to you- at start at least,
you may do that later.
Also dig some info through Google (Canada or USA just about the same) such as
small claims court - Google Search

To "Last Ride"
an excellent source of Small Claims Courts Must Read information, from Ontario Government:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Making_a_Claim-EN.pdf

The Civil Courts
Small Claims Court
* This court deals with civil actions involving claims below $10,000.
* Frequently asked questions about small claims court.
* What should I know before making a claim in small claims court?
* Getting ready for small claims court?
* Representing yourself in small claims court?
* Where is the nearest small claims court?
* How do I make a claim?
* How do I reply to a claim?
* Learn more about small claims court procedures.
* Learn more about small claims court.

Ministry of the Attorney General - Lawsuits and Disputes

$5500 to replace a seat??? How is that possible? Is it a major structural support for the vehicle?!! I find your case interesting to follow, and think they should pay if they've done the damage, but is it really fifty five hundred dollars to replace a Prowler car seat with labour? That sounds somewhat increadable. Would you please ellaborate?

Unregistered said:

$5500 to replace a seat??? How is that possible? Is it a major structural support for the vehicle?!! I find your case interesting to follow, and think they should pay if they've done the damage, but is it really fifty five hundred dollars to replace a Prowler car seat with labour? That sounds somewhat increadable. Would you please ellaborate?

Click to expand...

Would you please learn how to spell? Are all "adults" becoming imbeciles?

LastRide said:

Thanks for the reply. Who would I file the lawsuit against. Canadian Tire store or the automotive department.

Click to expand...

Do you know the legal name of the person or business you wish to sue and their current residential or business address? You will need correct information about whom you are suing to properly prepare and serve your claim, and to enforce a judgment if you are successful. For information on how to search a corporation or registered business name, you may contact the Companies Helpline, Ministry of Government Services. Please note that there is a fee for the search and the search will not be conducted over the phone. The Helpline can be reached at (416) 314-8880 or toll free in Ontario at 1(800) 361-3223. Before requesting a search, you must have the exact name of the corporation or the Ontario corporation number, or the exact name of the registered business.

When Handling money STAY ALERT , STAY INFORMED,
ignorance is painful. Let the Courts be your last resort.
It is YOU ONLY to claim back your money.
Crappy Tire is a BLACK HOLE.
Small Courts made for small claims, people not corporations.
Don't Fight the Forces - Use Them.
It is UP TO YOU ONLY. May the Force be with you.
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MAKING SMALL CLAIMS COURT WORK FOR YOU
How to make Small Claims Court work for you on ParalegalAdvice
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( I am not affiliated to paralegals,I am an other Crappy VICTIM.)

Unregistered said:

Did you guys know that Crappy Tire
do damage and do dirty tricks on customers cars
absolutely on PURPOSE ?
And did you know that since 1968 that I started dealing
as a customer they have not changed a bit?
UNBELIEVABLE BUT TRUE. Fraud, deception, con artistry,malisious damages
to their customers cars, it seems there it is not any Law applies tor them.

Click to expand...

omfg your dumb...

I just filed a claim against my local CT store. I needed to search the provincial business registry($10) and pay the claim fee($100). Basically they did a whole wack load of work on our car that we didn't want done and now we are suing the owners for it. Wish us luck! This site is great! It is really nice to know that we aren't alone out there.

Unregistered said:

I just filed a claim against my local CT store. I needed to search the provincial business registry($10) and pay the claim fee($100). Basically they did a whole wack load of work on our car that we didn't want done and now we are suing the owners for it. Wish us luck! This site is great! It is really nice to know that we aren't alone out there.

Click to expand...

nope not just you lots of dip shits out there

Unregistered said:

nope not just you lots of dip shits out there

Click to expand...

But you're not here, are you?

I took my car into CT to have them look at why my wipers stopped working.
They told me my wiper shield linkage was broken.
I went ahead and ordered the part and then asked my dealer to install it.
The dealer told me that the linkage wasn't broken.
I realize that anything to do with cars is always risky and costly.
I am outraged at the fact that it seems I was lied to by CT.

Do I have a small claims case or is this just a case of sucks to be me?
Can we sue companies for lying in Canada?

Depending on which province you live in, there may be Consumer Protection laws that requires the item to be suitable for the purpose you described. So, if you said, "I need my wipers to work", and they said, "Here, you need one of these", then they are on the hook (legally speaking) to refund your money if it doesn't solve the problem it was supposed to.

Did the store quote some policy about not giving returns on parts? That will make it harder for you - you could quote the law to the manager, and if that doesn't work, send them a letter saying why you should get your money back. But, you might have to actually file a lawsuit.

Is the part expensive? If it costs you $100 to file the suit, then you'd be out that money, even if they give you a refund after that, or if a judge/JOP grants you a judgement. So, on a $100 part, you've basically lost your money either way, if you have to sue.

It could have been an honest mistake on their side - they could have thought this would fix the problem. Doesn't matter - it's their problem (if the law is in your favour).

I had a similar situation with a Camry. In my case, I was told I would need a new motor. I decided to put it in myself, but after that it still didn't work. I found out later that the linkage was rusted out, and all it needed was cleaning and lubricating. In that situation, it was one mechanic who told me I needed a motor, and another company who sold it to me, so I had no options.

Let us know how it goes - we are always interested in seeing if/how people get some remedy from mistakes made by CT.