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Dear Lawyer I have a hearing coming soon, I am not sure

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Dear Lawyer: I have a hearing...
Dear Lawyer:

I have a hearing coming soon, I am not sure if I can win. The ministry is trying to negotiate a deal that is a little benefit but not that satisfy to me; in exchange they ask me to withdraw my hearing. My question is: what if I go for hearing, if I win, what the Ministry will lose? Why they willing to make this small deal? If I lose can I still go for lawsuit? I do not think negotiation or hearing can get what I have lost. It is very hard to come back to the business any more since they damaged my personal and company reputation. And company is closed because of the continuous harassment from the Ministry which occurred after the pre-hearing what I perceived as. (The pre-hearing went well; the vice-chair was supportive to us). The purpose of the hearing is trying to demonstrate I am right. (But not guaranteed, they will find the way to against me), also I worry if I go for hearing, I may lose everything including the negotiated deal. What should I do? Escape the hearing direct go for lawsuit or go for hearing? What the benefit I can get from the hearing itself?(such as bond money back? Give me fund to rebuild my business, or allow me to sell the business with license or what?)

Thank you very much in advance,
Submitted: 8 years ago.Category: Canada Law
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Answered in 6 minutes by:
6/25/2010
Lawyer: Debra, Lawyer replied 8 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,003
Experience: Lawyer
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debra thal :

I don't know the facts so I cannot really provide much help.

Is this a mediation?

What is the law suit about?

Customer:

Sue for all the lost especially for their harassment

debra thal :

Is this a wrongful dismissal perhaps?

I don't know the facts so cannot understand what is going on?

Is this a mediation which is an attempt to settle?

Customer:

I am the business owner. There is no wrongful dismissal.

Customer:

Please read my first email. I explained everything in that email. It is possible a mediation which is an attempt to settle but not guaranteed,what if cannot meet my satisfication?

debra thal :

I read your first post. I do not understand the facts. I asked for the basic facts but you did not provide them.

I believe you are suing them. I believe it's related to something about harassment though I don't know what.

You are asking about your hearing and what you will win and what they will lose. How can I know that if I don't know the facts. I don't know what you think they did and why you are suing them.

If they are asking you to try mediation then this means the goal is to settle but if you cannot reach a settlement the law suit still goes on.

But, I don't know if they are asking you to sign an agreement whereby you waive your right to sue them (meaning you cannot any longer sue them.) I don't know what they want of course.

If you negotiate a deal you will need to be satisfied with it because once you accept the deal the matter is closed.

In thinking about whether you accept a deal you need to think about your chances at wining at trial, what you might win etc. If you lose you will end up having to pay the bulk (maybe 2/3s) of their legal fees which will be extremely high.

I don't know what you can get from the hearing or the mediation as I just don't know the facts of course.

Did you know that you can see a lawyer for free?

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Customer:

My question is: What if the Ministry lose the hearing? What they will lose?

Customer:

Also do I really need to pay for the their legal fees if I go for lawsuit? What if the company does not have the money? This is company against the MInistry case. ( I pay my lawyer fees from my personal account)?

debra thal :

I don't know what the Ministry would lose. What are you suing them for?

If you lose your law suit you will have to pay most of their fees.

If your company is incorporated then you may not get stuck with their fees personally.

It would depend on the facts.

Customer:

For example: If I win the case, the Ministry may have bad record show on public, one of their leadship people may lose job etc. Is this possible?

debra thal :

If you go to Court the Court is public.

If you settle this will be private.

Customer:

I talk about hearing

Customer:

Also, how long will take for the lawsuit?


 


 


 

debra thal :

It depends on what stage you are at. It could take years before you get to trial

debra thal :

It depends on the city, the lawyer, the court system, how complicated the matter is, whether there are lots of documents, witnesses etc.

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