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Jeremie John Martin
Jeremie John Martin, Lawyer
Category: Canada Law
Satisfied Customers: 847
Experience:  I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
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Hi, In the Quebec Province, can I sell a property (a bush

Customer Question

Hi,
In the Quebec Province, can I sell a property (a bush lot) that may be involved in a lawsuit?
At this point I just have my neighbor's threats of a lawsuit.
If I sell the property can the neighbor go after the new owner?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Jeremie John Martin replied 1 year ago.
Hi,

I'm a Quebec lawyer.

What is the value of the property and are you without a doubt the sole owner?

What is the claim of the neighbor?
Customer: replied 1 year ago.

The value is about $25,000.00

My logging contractor has crossed the line (there is NO survey) and removed two loads (one poplar and one hardwood). Total value of wood removed is about 1,500.00

I arranged a meeting with the neighbor and the contractor on location.

The contractor admitted that his employees had made a mistake.

The contractor offered to do clean up and pay $2,500.00 compensation.

The neighbor refused this offer and demanded $10,000 in damages.

At first the neighbor was going to sue the contractor, but now he decided to seek damages from me. I and my wife are the owners of the property.

 

To put pressure on me the neighbor threatens to put all the cost of the legal action on me, which in final conclusion could cost me a lot more.

Is it true that in Quebec the loosing party does not have to pay the legal costs of the winning party?

 

And finally, I do not understand why I could be liable for any damages.

I hired the contractor to cut trees on my property, not the neighbor's.

In fact I marked the line (to best of my abilities), and the neighbor agreed on the line. Unfortunately, some hunters placed red ribbons in other parts of the property and that caused confusion. Is the neighbor not guilty of negligence (allowing multiple sets of ribbons on his property, knowing well that there is logging going on).

 

Sorry, is that too many questions?

 

Thank you

 

Expert:  Jeremie John Martin replied 1 year ago.
You are right in Quebec you do not have to pay the lawyer fees of the winning party only Court fees, unless there is extreme abuse in the lawsuit.

Can you please reformulate what your neighbor is unhappy about?
Customer: replied 1 year ago.

Thank you for your answer.


I understand I would not have to pay lawyer fees. Thank you for this information.


How about other costs?


If the neighbor decides to pay for expertise, such as surveys,


damage report, etc. (these are usually quite expensive) - do I run


a risk of having to pay for these (in case he wins)?


 


What the neighbor is unhappy about?


This is difficult to understand, unless one considers an opportunity to make some easy money.


This is a bush lot, where he also cuts trees. In fact in the past he crossed the line and cut my trees (he admitted that). He said "I may have cut on you, because I thought the line was further down that way".


 


Now he claims because of the contractor's mistake his lot has lost value and he will have to look at this "for the rest of his life".


During the same conversation he states that he had a party interested in buying his lot, but now they will not want to buy because of the missing trees.


 


He does not want to be compensated for the tress, but for the lost value of his lot.


 


Knowing this man and the lack of consistency in his statements I strongly believe he is simply interested in "free" money.


 


Of course damage was done and I understand he is entitled to compensation. However the compensation needs to be proportionate to the actual damage, not some imaginary, but real.


 

Expert:  Jeremie John Martin replied 1 year ago.
If the neighbor has sent you a formal notice and the judge decides it was up to you to pay for surveys or other professional work, then you could pay for this if the plaintiff wins his case in Court.

If your neighbor has cut threes on your property that is illegal and he could pay a fine in Court following a cross demand by you.

I do not understand the basis of his claim for damages, so I cannot comment on the chances of success of a potential lawsuit, please feel free to add more information.

I hope my answer sends you in the right direction.

I'd be glad to answer follow-up questions. If and when we are done, please remember to kindly rate my service before exiting the site so the site can release the portion of the funds you already paid that go to the expert.

Best regards ,

Jeremie XXXXX XXXXX

Jeremie John Martin, Lawyer
Category: Canada Law
Satisfied Customers: 847
Experience: I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.
Jeremie John Martin and other Canada Law Specialists are ready to help you
Customer: replied 1 year ago.

I do not understand if he can claim more than the value of the wood removed (almost 7 times more) from his lot. This is not a park or a cottage lot. This is a bush lot where the only value is the wood, and where he cuts trees, too.


 


He seems to be trying to scare me with the cost of the lawsuit, surveys,etc.


 


This is extortion.



Extortion (also called shakedown, outwresting, and exaction) is a criminal offence of unlawfully obtaining money, property, or services from a person, entity, or institution, through coercion (threats or intimidation).


 


Does the Quebec Civil Code have a provision for this kind of situation?


Can I counter sue him for extortion?


 

Expert:  Jeremie John Martin replied 1 year ago.
The Quebec tree protection Act allows a maximum of 200$ of damages per tree.

Do I read only seven trees were cut?

Threatening to take a lawsuit in a civil matter or using this in order to get a settlement would not in your case constitute criminal extortion, based on the facts you presented to me.

I think you should hire a lawyer to help you fight back against this person who is trying to cause you problems.

Best regards,

Jeremie XXXXX XXXXX
Expert:  Jeremie John Martin replied 1 year ago.
Do not hesitate to ask more questions about any aspect of this case,

Best regards,

Jeremie XXXXX XXXXX
Customer: replied 1 year ago.

Surely there must be a reasonable expectation to what he may want as a settlement.

I can see $200 per tree in some more attractive location, but this is a bush lot where he too cuts trees. The trees cut were worth $1500 at the mill.

He wants $10,000 or my 50 acres !!!

So my 50 acres are worth 10,000 while his one acre is also worth 10,000? If this is not extortion I do not know what is.

Are you saying he can demand whatever he wants ???

He is also talking of adding a clam for his stress, etc.

In fact he says there is no end to what he wants.

This is causing my family a lot of stress - much more that it would be reasonable.

The reason I am asking you is because you (and this site) offer answers.

This is what I expected when I signed up.

I know I can hire a lawyer, but then what about your offer to answer questions?

So I repeat my question: Can I counter-sue for his unreasonable demands?

Expert:  Jeremie John Martin replied 1 year ago.
Question : So I repeat my question: Can I counter-sue for his unreasonable demands?

Answer; yes , but only if you were victim of some damages yourself . You can counter sue while invoking an abusive law suit, but based on the facts of this case his lawsuit would unlikely qualify as abusive.

Best regards ,

Jeremie XXXXX XXXXX
Customer: replied 1 year ago.

Yes, he admitted he cut on me in the past.

But let's leave this.

I have another question.

He claims his lawyer told him he has to sue me, not the contractor.

I know I own the land, but it was his people who went to cut where I repeatedly told them not to go.

In fact I do not know the details of what happened.

He claims one thing, the contractor claims another.

Clearly they are in conflict and I am in the middle (without knowing all the facts).

I cannot defend myself because I do not even know the details of how all this happened.

In short: is my neighbour correct in believing that he has no choice as to whom he must sue, and that he MUST only sue me even though I did not cut his trees?

 

Expert:  Jeremie John Martin replied 1 year ago.
You have many questions and I can answer them.Please post them through a new question and request my help.Best regards XXXXX XXXXX XXXXX

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