I am self-representing in Ontario Small Claims Court. Defendant is car dealership. Defendant's lawyer wrote this in Defence.
CLAIMANT FAILED TO EXHAUST ADMINISTRATIVE REMEDIES
- The Claimant commenced this action in the wrong venue in an attempt to evade her obligation to exhaust her administrative remedies through the Ontario Motor Vehicle Industry Council ("OMVIC"). This evasion is procedurally improper and an abuse of this Honourable Court's process. [My embolding.]
- The Defendant requests that this action be dismissed as against it, because this action is an abuse of this Honourable Court's process.
- In the alternative, the Defendant requests that this action be stayed while all administrative remedies and/or appeals are pursued and/or exhausted with OMVIC.
[5.1-1 Commentary]  When opposing interests are not represented, for example, in without notice or uncontested matters or in other situations in which the full proof and argument inherent in the adversarial system cannot be achieved, the lawyer must take particular care to be accurate, candid and comprehensive in presenting the client's case so as to ensure that the tribunal is not misled.
5.1-2 When acting as an advocate, a lawyer shall not
[I skip a to e. Irrelevant]
(f) knowingly misstate the contents of a document, the testimony of a witness, the substance of an argument, or the provisions of a statute or like authority,
(g) knowingly assert as true a fact when its truth cannot reasonably be supported by the evidence or as a matter of which notice may be taken by the tribunal,
7.2-1 A lawyer shall be courteous, civil, and act in good faith with all persons with whom the lawyer has dealings in the course of their practice.
Defendant's lawyer is wrong. Before I commenced lawsuit, I wrote letter to Defendant. Then I complained to OMVIC. OMVIC finally replied that they're closing my complaint, because they can't award damages and they think Defendant will put up a fight. OMVIC recommended me to lawsuit in Ontario Small Claims Court.
OMVIC complaint handlers will try to find acceptable solutions to complaints however they do not have the authority to compel or order a dealer to cancel a contract, return money or carry out repairs; only the courts have such authority. In the rare instance that the Complaints and Inquiries Team is unable to find a suitable solution, consumers may need to consider taking civil action.
I didn't mention OMVIC in my Plaintiff's Claim, because Defendant and their litigator must know, or can find out, OMVIC can't compensate.
Why didn't Defendant's lawyer even try ask me if I complained to OMVIC? Why just jump to false accusation?
Did Defendant's lawyer violate LSO's Rules of Professional Conduct? Defendant's lawyer has no basis to accuse me of "attempt to evade her obligation to exhaust her administrative remedies" and "an abuse of this Honourable Court's process". These false accusations upset me! They make me look so bad!