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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95567
Experience:  Lawyer
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Here is the situation: I sold my business and equipment to

Customer Question

Here is the situation:
I sold my business and equipment to my brother in Ottawa. Payment plan was established at the time.It was breached and payments ceased. (I did not keep the contract -it is my brother after all ) What I do have is an email from him admiting owing me part of the money but not all. The lease of the premises is still on my name and my company. ( He operated by different name)
It has been 4 years since he moved in. I threatened to force him out and take over because of breach of contract. He moved the whole business to a different location to avoid any payments. It was a midnight run. It is complicated because I did not keep any papers. There is no sublease as well. I am responsible for the default of the lease now.
I have bank statements to prove the amount difference. The only solid evidence for money owing is the email. Does anyone have any idea how far I can get with this?
Submitted: 3 years ago.
Category: Canada Law
Expert:  Law.Hut replied 3 years ago.

It is possible to sue on a contract even if that contract has not been set out in writing. But the main problem you would have is due to the two year limitation period. It is necessary to start a lawsuit for a debt within two years of when he debt becomes due, or it is statute barred by provincial Law.

Customer: replied 3 years ago.

I am aware of the limitation peiod, and this is not an issue sinse the email with the admision is from March 2013. It clearly outlines that they owe me 60,000.00 .But the amount is ovr 96,000.00 I have no problem getting into Civil Court and wait.... That is not my intention. He moved out over night with the equipment and all. If you need more info to get an answer let me know!

Expert:  Legal Ease replied 3 years ago.
Your original expert opted out.

I am happy to take over and try and assist.

Thank you for your question.

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.

You are clearly OK in terms of the limitation period as you've received a written acknowledgment of the debt. This written acknowledgment restarts the limitation period.

But there is no way to enforce a debt outside of getting a Judgment.

Perhaps if a lawyer sends your brother a letter indicating that you reluctant to sue him but will have no choice if he doesn't at least start paying you back now that could work.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or 416-947-3330 (within the GTA)

Let me know if you need any further clarification.
Customer: replied 3 years ago.

Perhaps your experience led you to assume certain situations as presented. Let me remind you that there are many angles to view and interpret the obvious. I am not about to give you a lesson. I need more professional and more educated answer. You failed. Thank you!

Expert:  Legal Ease replied 3 years ago.
You had the answer from two practicing lawyers.

I've been a lawyer since 1985.

You are going to end up being harmed.

You cannot make up answers that you like and think that will work.

We both tried to help you.

You should stop shooting the messenger, stop blaming those who are trying to help and consider that we actual know what we are talking about and chose to tell you the truth so you won't be hurt by us.

I hope you take this to heart.

I also hope you can work this out.

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