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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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I have filed a complaint with the law society about my

Customer Question

I have filed a complaint with the law society about my lawyer and the mediator-arbitrator who handled the case. This is currently being investigated since late September. The document is quite extensive. A friend who is a family lawyer is aware of the case and has suggested I sue both. Depending on how losses are added, they come to between $250,000 and $500,000. The problem is the deadline I face for filing if I go that way, since the law society complaint took over a year to compile.
Submitted: 1 month ago.
Category: Canada Law
Expert:  Legal Ease replied 1 month ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 month ago.

I am sorry to hear of this difficult situation.

When did the mediation take place?

Customer: replied 1 month ago.
The contract was signed July 2012. The settlement was signed June 2015. My lawyer advised me the mediator-arbitrator did nothing wrong. The divorce was finalized in court April 2016. During 2015/2016 I went through the case and identified serial breaches of the mediation-arbitration agreement by that mediator lawyer, which I assume was a civil contract to which he was bound. My representing lawyer also made numerous promises to me about arbitrating and winning the case until both blew me off in January 2015 when it became obvious to me that I should either capitulate to them or face further financial ruin since further judgements could be engineered against me. At that time, they had blown through a $500,000 trust account the mediator controlled on very useless legal antics, had made the calculation there was nothing more to take, and so my lawyer advised me to take the mediator's so-called settlement. So this case involves those 2 lawyers at least.
Customer: replied 1 month ago.
It is quite late and I have to continue this later.
Expert:  Legal Ease replied 1 month ago.

I am not really sure what your question is. Are you worried about the limitation period?

Customer: replied 1 month ago.
I now understand there may be a time limit on when I can file a malpractice claim or claims. When did the clock start ticking, or has it even started? The last legal advice I received from my representing lawyer was that the mediator did nothing wrong (this advice about the mediator was given in March 2015 prior to me understanding on my own as I worked through the complaint to the law society (July 2015/ July 2016) in the following year that the mediator's mediation agreement contractual obligations had likely been broken), so on that basis when did my discovery take place? Or has it yet, since the last legal advice I received from my representing lawyer was that the mediator had done nothing wrong) I complained to my representing lawyer in July 2015 about his own handling of the case, at which time he told me he was proud of what he had done and would have done nothing different in retrospect. He asked me if I was going to sue him, to which I replied I had no intention of doing so. I did not elaborate on the cause but it was mainly because I had suffered some severe medical complications as a consequence of the legal shenanigans the mediator and my lawyer has put me through, and so such a course of action was ruled out for medical reasons, and because I was financially unable to do so since both had left me in a position where I was now unable to finance a challenge to them, even if I were medically fit enough to do so.So I suppose my question is, how long do I have to file a malpractice claim based on the foregoing events against both mediator and separately against representing lawyer, and is the mediator-arbitrator indemnified against such a claim even though he is protected by virtue of the mighty powers given to him by the Arbtration Act, or does a breach of the conditions of the mediation-arbitration contract nullify the mediator-arbitrator's indemnity under the Arbitration Act on the basis such indemnity on exists by virtue of contractual conditions which I allege were broken?
Expert:  Legal Ease replied 1 month ago.

You are OK. It is not too late.

The limitation period for suing is 2 years and while it likely started in March 2015 you still have quite a bit of time.

But suing a lawyer is very complicated and you should not really consider self-representing because if you lose you will be liable for a good part of their legal costs.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 month ago.
What about the indemnity provided by the Arbitration Act; does it sustain a breach of the mediator-arbitrator's responsibility defined under the mediation arbitration agreement. For example, rules of evidence, obligations to ensure full disclosure, adhering to conditions of the Family Law (various) including not discussing costs prior to an arbitration hearing were all contractual conditions that were flouted.
Expert:  Legal Ease replied 1 month ago.

This is standard and meant to protect the arbitrator from liability but it is not iron clad and if the arbitrator breaches your contract then the court can and very well will set the contract aside.

Expert:  Legal Ease replied 1 month ago.

Is there anything more I can help you with at this point in time?

Customer: replied 1 month ago.
No, that's fine. It is difficult to rate your answer, because I won't know how to do that until I pursue this farther, but it gives me something to go on. It's not like I asked how to drain a sink and it either worked (water drained) or it didn't.
Expert:  Legal Ease replied 1 month ago.

This is just legal information. It is the best you can do online without having your own lawyer. And as I am a senior lawyer it is actually likely the only place you can go to help like this at this cost.

We don't guarantee results as there is no such thing as a sure thing in law. And you may not succeed. In fact I advised against self-representing. But it will not be my fault if you don't succeed. All I can say is that my answer is accurate.

You don't have to rate me but honestly I don't want to work for free and frankly cannot afford it. As well if I am not rated or rated poorly then my stats and thus my standing on the site are harmed. I really don't feel I should be harmed for trying to help and for answering your questions quickly, fully and accurately.

But all of this is your choice and I know full well I may not get paid when I choose to answer a question so on some level I suppose it is fair if you choose not to rate me but how it can help you not to rate me I don't really understand. It means the site will keep my portion of what you paid them. Is that what you want to see happen?

Thanks for taking the time to read my response.

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