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Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 101435
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I just want to make sure 2 things for my case: 1. Whether I

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I just want to make sure 2 things for my case:
1. Whether I should sue the defendant through Superior court or small claim court.
2. The amount that I am entitled to get it back should be just my cheque of $25,000 or I can split the proof.
His email to me in 2015:
"You were suppose to be a 50% purchaser in this lot. And your cheque for $25,,000 was suppose to be $15,000 for your share and u put my half up which you get back out of my share of the project once we get it done.
I do the work you put up the money and you get your money back when the project is done. But the day before closing date you changed your mind and I had no choice but to take my chances. I had no time to make other arrangements or I might not have even bought the dambed property if you hadn't have said you would go in on it.
When the lot is done you will get your $15000 investment back . you will get your other money back when the lot is developed.I wonder if its fair to just pay me back my cheque of $25,000. I was told from my agent that in April this year, he sold the said lot to other builder without my knowing and pocket all my capital and his gain of $75,000 in his own pocket.
My advice from a paralegal was : sue him against small claim, if I won but found that he has nothing, then I have to look after a crazily high legal fee.
He also said I'm entitled to just get back the $25,000, is it true?

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

I am terribly sorry for the delay. I sent a reply that did not post.

I will redo it now.

I think it is not fair to get just $25,000. You are not supposed to get back what you put in. You are to be put in the position you would have been had the contract not been breached.

So he has to pay you what you would have if nothing had gone wrong.

But the problme is that if you sue in Supreme Court you have to pay legal fees so a lawyer that you consult with has to help you figure out what you will end up with at the end of the day given the legal fees, what the risks are at going that route etc.

As well, Supreme Court is much more complicated and it will take years to get to trial probably.

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