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Just been the small claim court to find out why there's no…

Just been the small claim...
Just been the small claim court to find out why there's no notice for settlement conference and got penalised by court for my absence.
The court clerk told me that there was settlement conference on Nov 16, 2017. The notice was sent to my paralegal address. I complained that nobody ,my paralegal, lawyer, got any notice from court. All she can tell was a finished settlement conference .She said I can raise this point in court next week.
I think it's quite weird to have this notice lost in mail. This was not the first weird incident, last year ,the paralegal he retained did some undertable thing. She delivered the defendant's claim after our deadline. There's no chop date from post office, just stamps on. She even bounced a $90 cheque to court, and excused her missing the deadline for something else. The judge at that settlement conference asked her to dismiss herself within 45 days ,due to the fact that this paralegal was the last owner of one of my lots in this litigation.
The defendant's daughter is working as the courts clerk for years in this small claim court, can she do something to harm our case?
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Answered in 21 minutes by:
12/6/2017
Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 106,098
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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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.

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But it was the court that mailed the notice or the other side?

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Customer reply replied 8 months ago
The record shows its from the court.
Last year, he didn't response before his deadline (Dec 23, 2016), so my paralegal waited till Dec 29, 2016, and double check with the court that there's no defendantas claim. Paralegal filed an affidavit on Dec 29, 2016, noting that the defendant missed the deadline. However, on Jan 25, 2017, that was two days after our deadline, my paralegal got a big brown envelope with stamps on but no chop date. Its about an amended defendant's claim dated Jan 05, 2017. His paralegal even sent an email saying she mailed out her amended defendant's claim on Jan 07, 2017. She never submit any defendant's claim at the very beginning, so there's shouldn't be any amended claim. The defendant's side didn't realize that on Dec 29, 2016, there's affidavit showing that they missed the deadline .
I suspect that the settlement conference was specially arranged by someone working in court without telling our plaintiff side. One of his weakness now was his constant no absence either in settle mentioned conference, or trial date.
His lawyer babysat him all the way except this* settlement conference. My paralegal email his lawyer three times, finally with the mentioning of Law Society, then his lawyer started to response and said he's not involved in settlement conference.

This is very strange but you have never missed a court attendance and I am sure the court will believe you that you did not receive notice and you should have the paralegal confirm this either by attending with you or else through an affidavit.

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Customer reply replied 8 months ago
You think my neighbour's statement against him is going help?
I was told that it's very easy for him to grant the judgement setting aside, unless I can attack all points in his defendantas claim.

I believe you have a strong case because you were fully entitled to the judgment. It is not about his claim. I don't believe they will even consider the claim at this motion. How strong or week it is has nothing to do with the issue of getting the judgment set aside.

I do think anything that goes to credibility will help you.

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Customer reply replied 8 months ago
I just print out the enlarged photos about his forged signatures on a very old house which he claimed was built by him in 2013. It was totally wrong, it was built in 1945, and the owners name was totally wrong, that means the signature next to the list was made up by him. His lawyer didn't discover this, can I show this in court without serving his lawyer and adding to the supplementary brief?
It seems that you know more details about my cases than my lawyer. Do you go to court for clients?

No.

You have to provide all documents ahead of time unless they are discovered something like the night before. It that is the case you can ask leave of the court to use it. If the court says no you can ask for the court to grant an adjournment so his lawyer can have time to review it.

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Customer reply replied 8 months ago
If they know his forged signatures was discovered by us, he'll start to make up another story.
There's also one false affidavit submitted by him in 2016, he presented a bank like statement admitted that he did accept 4 times of cash with her from me, but the date was totally wrong . I didn't knew him by that time, and I haven't even bought the lot, how could I start paying him? But in his new defendant's claim, he deleted this part, can I bring this in as evidents, because it's his affidavit before.
His court cases in the past, his bankruptcy records, etc, can I add in the supplementary brief as well?
If I serve this supplementary brief on this Friday, would that be too late?

I am fairly sure they will accept this brief on Friday.

I know the reason why you don't want to disclose it before and I explained that if it happens you just found it you can try and use it without providing it first but otherwise you cannot.

So you have to consider that information fully.

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Customer reply replied 8 months ago
If one of my neighbour , who is a high school teacher, go to court and testify about his scam related to her lot, would that help to make his disaster stronger. Do I need to tell his lawyer and the court in advance?

You cannot bring a witness unless you put the witness on a witness list before the trial.

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Customer reply replied 8 months ago
What about a statement from her. In fact, I have another neighbour, who's a retired engineer , likes to sit in front of his garage all summer, noticed all the scam from the defendant before I bought my lot. He saw him transpassing my lot almost once every week around 7am. He saw him removed the "no transpassing sign", and dumped it on the ground. I called the cop several times due to his transpassing and harassment. The cop even phoned him during his pleasure trip in Cuba.
Can I mention the oil paint vandalism in Aug in court?, and his Facebook information claiming that head in Cuba, he just paid those Cuban $5 each, then he could take pictures showing that he was not in Canada, the oil paint splashing was not physically from him.

You could use Affidavits. But you have to provide them to the other side who will have the right to cross-examine the neighbours under oath if they want to.

Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
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Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Customer reply replied 8 months ago
By now, I should have enough evidents resisting his motion next week.
Thanks a million times for your patience and guidance for next week's motion day.

It's my pleasure. Please be sure to keep me posted!

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Customer reply replied 8 months ago
I sure will, in fact, many friends or even strangers want to hear the ending of this case. My family is planning to come and support me during the trial day. We want to see if there's justification .

That is great to know there are so many people behind you.

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