I have gone through the small claims process before, and I am in the process of compiling the required documentation to file another suit against someone.



This is basically how it proceeds.



You file the statement of claim, (you supply all supporting documentation, copies of emails, texts, etc etc etc). There is NO need for a lawyer to do this. The forms are pretty straight forward and available online. When you take it to the court to file the clerk will look it over, (they can NOT provide you with legal advice), but they will advise if something is filled out incorrectly etc. You will NEED some basic info. IE business owner name and registered address, as well as those for the business, (you will need the CORRECT LEGAL business name. IE 12345678 Ont Ltd O/A Two Wheels Motors). If you get this wrong the suit will be dismissed, (because basically your suing the wrong entity).

You then "serve" the other party, This can be done via several methods, (registered mail, hand service, hiring someone to serve etc).

You, (or who ever served them), go back to courthouse and swear that they have been served.

They then have 30 days to file a "defense", (this is where they show their hand, as you have shown yours when you filed)

Court will then assign a "mediator" and provide you with a date. Both parties attend, (a request for date change can be made in writing in advance if BOTH parties agree the date can be changed).

You attend the mediation session, (the mediator is "generally" a small claims judge, however NOT the one that would sit at trial). Both parties present their side and the mediator offers a suggested resolution, (quite often for about 50% of the claim). If either party rejects the proposed settlement, The mediator "may" suggest that one party, (normally the rejecting one), reconsider their position if the other party appears to have a strong case. If no resolution is achieved your advised the court will be in contact to set a trial date.

Either party may at any point pre trial offer a settlement. If the settlement is accepted you wait till the terms are satisfied, you then advise the court and file a resolution statement with the court.

If no settlement is reached you wait for your day in court.

If you win the court will generally, (if you ask), also assign interest on the settled amount from the date of the incident, (but the rate is VERY VERY low, might even be at .5% if that right now)



All the info is available on line, (as to what you can and can not ask for, IE court costs, etc)



As for Yamaha, You say you get the same person. That person has a superior, If they are not assisting as for the issue to be "escalated". That will likely entail a call back. ask when you can expect the call back IE 1 - 3 business days. If no call received, call again.