I self-represent in Ontario Small Claims Court. When I filed Form 7A (Plaintiff's Claim) online, I relied Superior Court of Justice map. Screenshot got no "Richmond Hill". Thus I picked Newmarket online.
Defendant's Rambo lawyer wrote this in Defence. I added the link.
THE CLAIMANT COMMENCED ACTION IN THE WRONG JURISDICTION
- The Defendant requests that this action be dismissed according to Rule 6.01 of the Rules of the Small Claims Court, O. Reg. 258/98.
- The Claimant commenced action in Newmarket. The Defendant carries on business [I skip address for privacy] Markham, Ontario. The correct jurisdiction is Richmond Hill.
Looks like Defendant's lawyer willfully ignored Rule 6.01(3).
(3) If, when an action is called for trial or settlement conference, the judge finds that the place where the action was commenced is not the proper place of trial, the court may order that the action be tried in any other place where it could have been commenced under this rule. O. Reg. 78/06, s. 8 (1).
Why didn't he just request court to amend jurisdiction?
Did Defendant's lawyer violate Rule 7.2-2 Law Society of Ontario's Rules of Professional Conduct? Before serving me Defence, he never provided me "fair warning" to amend jurisdiction. I feel he's taking advantage of my inexpertness, by asking the judge to dismiss my action for this issue that clearly is not "going to the merits or involving the sacrifice of a client's rights."
7.2-2 A lawyer shall avoid sharp practice and shall not take advantage of or act without fair warning upon slips, irregularities, or mistakes on the part of other legal practitioners not going to the merits or involving the sacrifice of a client's rights.