Canada Business Law

Have Canadian Business Law Questions? Ask anExpert.

Ask an Expert,
Get an Answer ASAP!

Canada Business Law
This answer was rated:

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?
Show More
Show Less
Ask Your Own Canada Business Law Question
Answered in 21 minutes by:
12/6/2017
Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 102,549
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified

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.

Ask Your Own Canada Business Law Question

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

Ask Your Own Canada Business Law Question
Customer reply replied 1 month 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.

Ask Your Own Canada Business Law Question
Customer reply replied 1 month 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.

Ask Your Own Canada Business Law Question
Customer reply replied 1 month 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.

Ask Your Own Canada Business Law Question
Customer reply replied 1 month 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.

Ask Your Own Canada Business Law Question
Customer reply replied 1 month 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.

Ask Your Own Canada Business Law Question
Customer reply replied 1 month 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
Satisfied Customers: 102,549
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
Verified
Legal Ease and 87 other Canada Business Law Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month 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!

Ask Your Own Canada Business Law Question
Customer reply replied 1 month 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.

Ask Your Own Canada Business Law Question
Ask Legal Ease Your Own Question
Legal Ease
Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 102,549
102,549 Satisfied Customers
Experience: I am a practicing lawyer and have also been an online professional for 5 years.

Legal Ease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert confirmed everything that I had been told, and didn't want to believe. Thank you for putting my mind at rest.

MonikaCanada

This has been very helpful. I'm glad to see that lawyers and sites like this exist. Thanks for your help.

MikeHalifax, NS

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around.

EstherWoodstock, NY

< Previous | Next >

Meet the Experts:

Tom B.

Tom B.

Barrister & Solicitor

57 satisfied customers

25 years in legal practice and over 30 years in business.

Legal Ease

Legal Ease

Lawyer

102,549 satisfied customers

I am a practicing lawyer and have also been an online professional for 5 years.

LawyerProfessor

LawyerProfessor

Lawyer

836 satisfied customers

Experienced Litigation Lawyer in Ontario since 1999 and NY since 1997

Jeremie John Martin

Jeremie John Martin

Lawyer

839 satisfied customers

I'm a bilingual attorney for the province of Quebec who goes to Court often for many clients.

Sokkalaw

Sokkalaw

Lawyer

312 satisfied customers

Lawyer in Ontario, Canada

CaptanLaw

CaptanLaw

Lawyer

224 satisfied customers

I'm a criminal defence lawyer, who assists individuals charged with crimes.

Mark A

Mark A

Lawyer

179 satisfied customers

Canadian Lawyer working at a Canada Law Firm

< Previous | Next >

Related Canada Business Law Questions
If my car had a part on it that failed (ground cable), which
If my car had a part on it that failed (ground cable), which caused other more expensive parts to fail (computer module), and this item commonly failed on this model of BMW, how do I get reimbursed by… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
What is the limitation period to enforce/collect a foreign
What is the limitation period to enforce/collect a foreign judgment( outside from Canada) in BC?… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
CASL-compliance. What does it take to be charged for a
CASL-compliance.What does it take to be charged for a CASL-violation? Should there be a lawsuit from people who received a message that is not CASL-compliant? Or is it the three governing agencies* wh… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
I had a city bus hit my car they fixed the side of my car
I had a city bus hit my car they fixed the side of my car but now my car alarm goes off every time I open my door bc I have no fob key entry only it drives me and my neighbours crazy bc it's a result … read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
I posted an ad on Facebook looking for low cost dog care
Hi thereI posted an ad on Facebook looking for low cost dog care while I went away as I am disabledA lady offered to look after them for free or little costI drove 45min out of my way to bring them to… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
I have a question, when making deposit cheques to say
I have a question, when making deposit cheques to say brokers, who trade under a trade mark, is it safe to issue the cheque under a trade mark name in trust. Should they go bankrupt; or best to use th… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
Can an insurance company legally deny an auto insurance
Can an insurance company legally deny an auto insurance claim if the policy holder and registration are in different names?… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
Just met lawyer II this morning, his opinion was the same as
Just met lawyer II this morning, his opinion was the same as my first lawyer: no need for Judicial Review , or Divisional Appeal. Just wait and see what will happen on or before Feb 15,2018. If the de… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
It's back. It's been an interesting 6 months. The old board
Hello again it's Kevin back. It's been an interesting 6 months. The old board has been removed and a new board elected. One of the members dropped out just before Christmas and now I have been asked t… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
I got a response from a lawyer who is willing to take my
I got a response from a lawyer who is willing to take my divisional Appeal in such a short time. I got his name from the Law Society of Upper Canada. He wants a formal retaining fee, his rate per hour… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
My paralegal still believes that I should go for Divisional
My paralegal still believes that I should go for Divisional Appeal on " Judicial Review". My lawyer already told me that my chances in winning at Divisional is very slim or zero. I just want to know i… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
My girlfriend and myself were in a car accident on December
My girlfriend and myself were in a car accident on December 19 2017. It was 100% the other persons fault and they have already said so. Because of this accident my truck was damaged to over 10 thousan… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
I just wonder what's going on? I sent my lawyer several
I just wonder what's going on? I sent my lawyer several emails explaining my objection about the outcome of the motions. I told him that I want to file for Divisional Appeal, and time is running short… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
Finally, I got the answer from my lawyer this morning. He
Finally, I got the answer from my lawyer this morning. He said there's almost no hope in Divisional Appeal. The file was messy, he also has no time in preparing the Appeal. He has followed my case for… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
When there is a trial in session at the superior court and
When there is a trial in session at the superior court and university avenue what I was a trial began will begin at eight or 9:00 or would begin at 10 AM like the motions are at 10:00 AM. I'm sending … read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
I am a buisness owner in canada owing a truck repair shop
hello i am a buisness owner in canada owing a truck repair shop one of the our customer (business company) who owe around 20grand is about to declare bankruptcy can u plz guide what can we do legally … read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
Paralegal cannot represent the plaintiff in Divisional
Paralegal cannot represent the plaintiff in Divisional Court, but I can do it myself? Will the procedure be complicated? I have to serve the defendant's lawyer my appeal before I file to the Superior … read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
My understanding for the judicial review: Judicial Review
My understanding for the judicial review :Judicial Review for the judge's decision on Dec 15 2017, granting the opposite lawyer's motion to appeal both cases, removing the defendant personally from th… read more
Legal Ease
Legal Ease
Lawyer
102,549 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x