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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96496
Experience:  Lawyer
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I have a claim brought against myself and two other parties

Customer Question

Hi
I have a claim brought against myself and two other parties in a mortgage dispute.
At the time of the incident referred to in the claim I had a business partner that was 50% owner of the business who's shares I bought in 2011, but who breached her agreement with me and her actions resulted in the claim against myself and the two other parties.
This is big court and not small claims court as the amount claimed was around $100k.
While I am agreeing to settle the matter for around $75k I would like to pursue a third party claim against my partner with a different lawyer.
We have already registered a third party claim (for process) but it appears we have not, as yet been able to serve me ex business partner....
My current council is suggesting that I let the third party claim go as it would be cost prohibitive for me to pursue my ex partner for the $37.5k of the claim that I feel she is responsible for.
I feel like my lawyer is strong-arming me into the agreement....is this the case?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

Your lawyer has no reason to do that. Your lawyer will make more money if you don't settle at all.

What you could do is sue her for $25K in Small Claims Court and self-represent rather than retain another lawyer as it is not really reasonable to sue for $37K in Superior Court unless you self-represent there because the legal fees will almost definitely be more than what you win. She will not have to pay your legal costs in full. In fact she will at best have to pay around 1/3 of them.

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