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Legal Ease, Lawyer
Category: Canada Law
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My wife and I have been the defendants in a civil case that

Customer Question

My wife and I have been the defendants in a civil case that was brought by proxies of a person attempting to influence the decisions of a Community of Owners of apartents in his favour. The case was brought in Spain and lasted over 6 years! Both my wife and I have suffered healthwise, and have doctor's evidence of this. One of the plaintiffs is a Canadian citizen, resident in Ottawa. Is it possible to start an action against him for malicious prosecution and damages for the adverse effects on our health?


My question refers to canada - Whay are we in Ireland???????

Submitted: 1 year ago.
Category: Canada Law
Expert:  Wendy-Mod replied 1 year ago.

Hi, I am a moderator for this topic. I've been working hard to find a Professional to assist you right away, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Wendy
Customer: replied 1 year ago.


Please continue. What is needed is a simple answere as to whether a case can be brought in Ottawa against a Canadian resident citizen , relating to a malicious prosecution in Spain. I think there is a straight yes or no to be had. "How" is another question.


MKB.

Expert:  Fran-mod replied 1 year ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Customer: replied 1 year ago.

Keep going, but let me know if there is no possible reponse and then cancel.
MKB.

Expert:  Fran-mod replied 1 year ago.
Hi,

For whatever reason this originally landed in the wrong category. It's a Canada Law question, and I have moved it where it belongs and alerted the Canadian experts. I am hopeful one of them will respond to you.

Thanks for your patience.
Expert:  Legal Ease replied 1 year ago.
Thank you for your question. I am a Canada law expert and am happy to answer as the question just appeared on our list now.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

This is a very complicated area of the law. But, essentially to be permitted to sue in Canada the court would need to see that there is a substantial tie to the jurisdiction.

If you can show that the potential defendant was carrying on this conduct from within Canada it is possible you could sue the defendant here.

However if the only time with Canada is that he/she lives in Canada that would not be a sufficient reason to sue in Canada.

You could then sue him/her in Spain and once you get a judgment then you can seek to enforce the judgment in Canada. The Canadian courts well recognize a foreign judgment so long as you can show that the court that made the judgment had jurisdiction and then acted with procedural fairness.

So you would then register the Judgment with the court and then could seek to enforce the judgment against the defendants assets just as if the judgment was a Canadian judgment.

Let me know if you need further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87277
Experience: Lawyer
Legal Ease and other Canada Law Specialists are ready to help you
Expert:  Legal Ease replied 1 year ago.
Thanks very much for the rating.

Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!
Customer: replied 1 year ago.


Thanks. I will now try and find out if he initiated and managed the affair from Ottawa. I suspect all the powers of attorney and instructions originated in Canada.


If it looks promisung I will revert.


Merrik Burrell.

Expert:  Legal Ease replied 1 year ago.
OK

Good luck.

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