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My paralegal is going to add the supplementary brief later…

My paralegal is going to...
My paralegal is going to add the supplementary brief later today. He insisted on saying that his one and only one point is:
The default judgement was in the process of Divisional Appeal, motion in the small claim court should be moot.
He also said I don't need to say anything next Friday. He believes that the defendant's lawyer will keep on talking for a long time during those two motions for setting aside the default judgement.
He said it's not the time to mention the defendant's credibility, its no use.
I have no clue what to do. The defendant has so many solid proofs about his dishonesty, false affidavit, forged signatures.
There is no win or lost for this motion case. Worse come worse, just start over again.That is his comment. I also got advice from one experienced lawyer who told me that I have to attack every point successfully, otherwise it's very easy to let the defendant win the motions.
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Answered in 19 minutes by:
12/8/2017
Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 105,581
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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His credibility matters if he has to be shown to be lying about the default judgment issues.

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

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Customer reply replied 7 months ago
I asked my paralegal yesterday, if his main point is Jurisdiction (Divisional Appeal is at a higher and stronger level, his small claim motion would not make sense, right?).
He said I can't say anything in court, because he represents me.
I told him there was a pattern of dishonesty for the defendant, we should point out to the judge. I have photos enlarged and laminated, I also got the email from my agent last night. The email was from the defendant to my real estate agent saying that the 35 pages home inspection report against him didn't provide any amount spent in fixing the problems, which means the problems didn't exit or need to be disclosed on MLS. He will summon my agent to court when needed. In fact, his motive was same like vandalism to my door front: (difficult to sell the house on MLS.)

Is the paralegal prepared to prove this pattern?

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Customer reply replied 7 months ago
I was told from one lawyer that some civil cases lawyer can be very dirty, in order to win the case for his client. What will the penalty be if the defendant's lawyer lied to my paralegal in email? I have no clue why the notice of settlement confernce and the endorsement of $100 penalty , both of them were lost in mail?
Customer reply replied 7 months ago
Due to my first language is not English, I didn't response properly for my second case, and the defendant's lawyer pointed out this to my lawyer, and asked him to remind me that its the project management fee, not the investment venture for my $25,000 cheque.My paralegal told me that if I agree to set aside the default judgement for the second case , then the conversation to the judge will be deleted? However, my lawyer said different story, he reminded me that its the affidavit sworn by me, I can' t change what I said. I am entilted to get back $25,000 back, but not the profit. If that is the case, its better to go back to small claim, not waiting energy in Superior court.

I doubt there will be a penalty in court but the law society could discipline the lawyer.

I am actually leaving shortly for a day trip that will take up most of the day until late afternoon which is why I wanted to check in.

You cannot change what you said but you can always correct it.

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Customer reply replied 7 months ago
I just want to make sure his point of view is strong enough to win the motion next Friday. ( Divisional Appeal is still active, and is more powerful than small claim court, you think this is a good point?)Sorry for my interruption , you have a good time for your trip, Enjoy!

I don't know for sure.

I believe that it is vital that the paralegal recognizes that you know the case best and must present how you would.

I will be back by dinner time.

Legal Ease
Legal Ease, Lawyer
Category: Canada Business Law
Satisfied Customers: 105,581
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Customer reply replied 7 months ago
Thanks a lot. Enjoy your trip.

Thanks!

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