Ask a Canada Law Question, Get an Answer ASAP!
Thanks for the rapidity of your reply.
I believe Consultant A is bluffing on everything but just to be sure, I want to repeat for clarification:
In the absence of a signed legal contract, since the work was undertaken 'for' the corporation and moneys paid for 'consultant' came from 'corporate account', there is no grounds to claim that President is personally liable?
Consultant A is trying to make the argument that in the absence of a signed contract President IS 'personally' liable.
If helpful to know, the work done by Consultant A is demonstrably 'for the corporation' and 'branded' accordingly.
Next, Consultant A 'claims' that b/c I 'said' in an email I would try to pay him personally, this is somehow or other 'making me a personal guarantor' on the outstanding sum. I assume that notion is legally preposterous.
Also, what do you make of the 'specific' request for those 'specific items'? What do you think is the rationale? Asking me for my 'plate number' and things of that nature? What's that about, in your opinion?
" Second, does it not take an 'entire year' for a judgement in small claims court? And what would be the estimated legal expense be for the plaintiff? And what if the other party just declares bankruptcy? "
This is from: http://www.carfacontario.ca/page/small-claims-court_59/
"However, no court is quick: it will take you the better part of a year to go through the entire Small Claims Court process, have your trial and get judgment. Then you still have to try to collect. Getting a judgment is fairly easy. Collecting is a different story."
Also, on average, what kinds of legal fees would be incurred 'over the year' for the Consultant? I understand he can receive a judgement that 'includes' fee reimbursement. But he is a cheapskate, so I wouldn't want to make sure he's apprised of what he is 'risking' going down this path.
Thanks. Is it not possibly illegal for a private citizen to 'demand' confidential, private information of the nature requested from another private citizen? I thought there were very strict privacy laws around this. I'm just curious about that aspect to.
Now, should be proceed against the corporation, trial only begins in 6 months. Prior to, what steps are involved? What inconveniences? How does it start and what happens next etc.
Also, I assume that if at any time the corporation files for bankruptcy the process comes to a halt, the arrears is dissolved, and the plaintiff receives nothing?
Last set of questions - sorry for lateness. And I'll close this out afterwards.
1. What's 'required' to serve someone? Physical co-presence? An address? I've heard of shenanigans where people literally have the papers drop on the floor and walk the other way. This is a US tactic, though.
2. Re: personal info request and the need for a court order to enforce compliance, so this statement doesn't backfire, on what grounds would a court order ever be given for such information? I assume none that pertain to this kind of matter.
3. Should I apprise him of the fact that this is a 'corporate' matter, as per your explanation, and that if he wants the 'corporate' info, I am happy to provide that (I'm not sure he knows even that). I'm not sure he is confident in his knowledge of 'anything' to be frank - definitive personal or corporate info (which might explain his odd requests?) Everything was done informally b/c of a mutual referral from a known 3rd party. Or should I provide nothing at all? The rationale for providing this info as a counter to his personal request would be strictly in the sense of appearing to be cooperative, rather than stone walling entirely. Again, he might be bluffing about taking action, but I don't know. Perhaps he needs that info, b/c he actually has nothing. Either way, as you've explained, it's corporate.
4. Should he try to serve 'me', and I'm not the relevant entity, what happens then, for me to rectify his error in 'targeting'?
First, thanks for the above. Sorry to be annoying but one last thing has now come to mind: Since I'm a 'nice guy' and do actually 'want to' compensate him (not for 'him', given his behaviour, but b/c it's just how 'I' operate as a human being), even though the company itself can not pay b/c it has no money, is it wrong for me to personally pay down, in instalments, company arrears?
Thanks, XXXXX XXXXX do I take the survey? I'm struggling to find it.
Thanks. I remember being emailed a survey , so I will be sure to complete it (and I'll check my spam folder in case it already arrived, unseen). I'm about to act on your advice. Out of curiosity, am I able to cite, as a deterrent, a reference to the penal code in relation to 'harrassment'. Clearly, emailing, texting, and phone calling someone at 3:00 a.m., and then using similar tactics any time an email is not responded to within a few hours crosses the line. Since all of these communications have been directed at me personally, this has also disturbed my entire family.
AMENDMENT: Checked my email history from years ago. Last time I was able to 'write up' a positive review, my ability to do so was 'triggered' by an outbound email to me, in which I was rated as a customer. Does that make sense? The text I received went as follows:
"Because I really enjoyed working with you, I left positive feedback for you. Now every Expert who works with you in the future will know what a wonderful customer you are.Here is the feedback I left for you:
I also want to let you know that Just Answer's feedback system allows you to comment on the service I provided you. By giving me feedback you not only help me, but you also help future customers. So if you have not had a chance to leave feedback yet and you've got a second, click here to leave me feedback now. I look forward to helping you again in the future; be sure to request me the next time you ask a Canada Law question."
The link above took me somewhere to write a review. I have no idea if this mechanism still exists. Maybe I'll get an automated email like this from the system, but one hasn't arrived yet. No idea. Just letting you know, in case this is helpful, in general :-).
Received '5 question survey', via email, on the 16th at 9:41 a.m.. Site appears to wait approximately 36-48 hours after payment is deployed to trigger survey. Just thought I would let you know, from the customer's end. I completed the survey :-).