a true courtroom story

And for your reading pleasure:

Back in about 1981 or so when the dollar limits of Small Claims Court were $600.00 I was living at the northwest corner of Don Mills and Steeles Avenue in Markham, Ontario, being a simple a walk across the street into Toronto. My office was at 2 Sheppard Avenue East in North York (Toronto), Ontario.

I was asked by an older (50’s or 60’s) individual to defend him in a Small Claims Court Case involving about $500.00. His company had leased a car from a dealership in Dunnville Ontario, a small town south of Hamilton. He had missed a payment or so, and the dealership issued a claim against him personally and not his company. Based upon what I knew about Mercantile Law he had a slam dunk defence.

He really couldn’t afford the legal fees for me to travel to Dunnville, so we finally agreed (since the case was being heard in October) that my recompense would be a basket of apples.

We (Bill, and Helen) drove to Dunnville. The case was about 6 or so on the docket list. I listened while each lawyer introduced himself or herself to the Court. It became apparent that any lawyer from a town larger than a couple of thousand population was going to be in very big trouble. Lawyers from Hamilton, London, St. Catherines, Niagara Falls were being treated with less deference than their small town breatheren.

At the morning break, my client expressed his opinion that our attendance at trial was going to be a large waste of time. As soon as the plaintiff, from Dunnville, its lawyer, from Dunnville, and the Judge from Dunville got a whisper of me being from Metropolitan Toronto, we would be toast.

I advised my client to sit in the back of the courtroom when the case was called. I told him nothing more.

Our case was finally called. The plaintiff was given a nod by the Judge. The other lawyer was welcomed to the Court by the Judge. He then looked over his spectacles and asked who I was.

My response was simple. “Allan Freedman”, your Honour. “And where are you from Mr. Freedman”. “From Markham, Ontario, your Honour”. “And where is Markham, Ontario?”

I replied: “Sixty miles south east of Barrie, your Honour”.

My client started coughing. I heard a lot of snickering in the courtroom.

I won the case.