I am farmer from Sask. Canada... I was sued and counterclaimed…

Question

Answer 1

Answered in 22 minutes by:

3/26/2013

Lawyer: Copperlaw, Lawyer replied 9 years ago

Copperlaw, Lawyer

Category: Canada Law

Satisfied Customers: 2,405

Experience: Lawyer and Retired cop. Drug expert, breath tech, negotiator, traffic specialist. Criminal, Family, Civil and others.

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Copperlaw : Hi there

Copperlaw : This situation has clearly become extremely complicated, clearly

Copperlaw : I understand your concerns and what you are anticipating doing and I expect you'll either have to move to seek approval to file Amended claims, counterclaims and cross claims or seek approval to amend.

Copperlaw : However, it will take some in-depth review of the documents that have been filed by all parties and the stage at which the proceedings currently stand

Copperlaw : Given the complexity of this matter now, and the fact that there are multiple parties and claims, I strongly suggest that you retain a lawyer to handle this matter for you so that your interests are represented and protected.

Copperlaw : Given that there are numerous parties to this matter, I expect there will be multiple claims against you, along with costs claims. This could result in serious loses for you if you are ordered to pay the other party's legal fees on top of any awards.

Copperlaw : And regardless of how strong your case is, if you don't present it properly, and the other party's lawyers are good, you're likely to end up losing your shirt

Copperlaw : Federated could cross claim against you in the third party claim by coop, and if you commence an action against them, they could counterclaim.

Copperlaw : Given your acknowledgement that you submitted a "sloppy" defense, I urge you to get a lawyer on this right away.

Copperlaw : It would be much easier for a lawyer to seek to amend the pleadings claiming that they were done without the aid of counsel initially, as the Courts will appreciate that a lawyer has taken carriage of the matter and will move things along and correct any deficiencies

Copperlaw : A lawyer will also be able to guide you with regard to the law, your consumer rights, and how to focus and narrow your arguments

Copperlaw : I would so hate to see you lose this case and get worked over by a bunch of lawyers, simply because you don't know the ins and outs of the law, the paperwork and procedure

JACUSTOMER-m2i9dqhp- :

How about you, do you want a case?

Copperlaw : Thanks, but we're prohibited from acting for JustAnswer's customers here, or from forming solicitor/client relationships, however,

Copperlaw : If you contact the Saskatchewan Bar Association at 306-569-8242, they can help to get you in contact with the proper lawyer in your area, selected for your matter, and typically, your consultation with them is free

Copperlaw : Even if your counterclaim is small, if your defense is valid, you can be awarded your legal fees

Copperlaw : So they would have to pay for your lawyer

Copperlaw : If your case is strong, a good lawyer would likely take it on, knowing that they would be paid upon completion, so you wouldn't have to pay up front

Copperlaw : I would check out several civil lawyers

Copperlaw : Find the right fit for you.

Copperlaw : Please let me know if you require anything further, as I am pleased to discuss this further or answer any further questions.

Copperlaw : Also, a positive rating is greatly appreciated were you to be so kind

JACUSTOMER-m2i9dqhp- :

It really isn't a complicated case. I paid 1.1 million for feed over a couple of years. The last 1/2 million dollars or 1500 tonnes was substandard as documented by CFIA, -- I lost $125,000 over 4 cycles ( four 35 day bird cycles). I decided to pay for all the feed anyway, except the loads that I discarded and I wanted some of my dead birds back... $53,000 not paid. Lots of documentation of feed tests etc. -- I have excellent history dating back to 1968 -- and all very steady and profitable. Then Coop made me the substandard feed-- hurt all the producers. They hid the results and I finally got the lab results by threatening court order. The Feed Act was engaged against them.

Copperlaw : The case itself may be relatively straightforward, however once you get multiple parties, multiple claims in different formats, and lawyers trying to confuse the issues, it can become a mess, and judges don't like messes as they can lose sight of the real issue, and that may very well be what the other side is trying, knowing that you are unrepresented

JACUSTOMER-m2i9dqhp- :

... The whole issue is that a "feed coop" actually sold me the Federated Coop Feed. The feed deals and correspondence was mostly with Federated. -- But the liability according to the Canadian Food Inspection Agency CFIA is the "Retailer" and then they sue Federated if they lose.

Copperlaw : Fom what you advise, it does sound relatively simple. You didn't get the product you required, and their negligence actually caused you to suffer loss

Copperlaw : Certainly negligence, if not fraudulent misrepresentation

JACUSTOMER-m2i9dqhp- :

When I counterclaimed, the Coop third partied Federated, -- and I suppose that is why I got served the Federated Defense.

Copperlaw : Yes, okay, this ismuch clearer

Copperlaw : Thank you

Copperlaw : So Coop is transferring liability for the substandard feed to it's supplier, federated

Copperlaw : Without seeing the pleadings, I can only imagine that within this cross claim, adding federated, they are claiming that Federated is liable for the feed, in that Coop did not get what they contracted for, resulting in you not getting what you contracted for

Copperlaw : Which essentially supports your claim, only they're trying to make Federated the liable party

JACUSTOMER-m2i9dqhp- :

In my first Counter Claim, I simply refused to pay for the feed and mortality directly and easily provable to substandard feed. Now that they want to fight, I am putting my real damages and cost of clean-up etc. Of course I can always lose, but CFIA said all thge feed was substandard according to lab tests that Federated Coop took themselves.... They are now saying that the Feed Act doesn't apply to Coops... It should be an easy win case.

Copperlaw : I would expect however, that the Coop would have an obligation to test or inspect their product to ensure it's quality, since they are then providing it for consumption

JACUSTOMER-m2i9dqhp- :

I have all the issues clearly identified and we did good Affidavits (not filed yet) the Coop lawyers want my documents and want to move to Discovery. I thought I would represent myself... You don't think thats a good Idea!

Copperlaw : Regardless of the Feeds Act. Consumer Protection legislation would also support your claim and the tort of negligence, particularly with regard to consumables and quality standards should be easy to satisfy

Copperlaw : My only concern was that you indicated that you submitted a "sloppy" defense

Copperlaw : And I didn't want you to risk losing if you weren't sure of what you were doing, as pleadings and claims can be dismissed for not having filed the proper paperwork or meeting the requisite timelines

Copperlaw : If you are confident that you can adequately represent yourself and submit solid documents, conduct proper examinations of parties, know what you have to and don't have to answer etc, then I'd say go ahead

Copperlaw : My concern is also that the other lawyers would try to take advantage of this however

Copperlaw : A lawyer would provide protection in discovery and also would likely be able to get more information out of the other parties

Copperlaw : And because this has now involved multiple parties and multiple pleadings, I expect that the other parties legal fees are quickly rising and would jot want you to be stuck with them

Copperlaw : I'm quite nervous for you actually, even though the case, at it's heart is straightforward

JACUSTOMER-m2i9dqhp- :

Time line ok so far, -- never did sue Federated tho -- thought the Retailer should be responsible. I know who I want to examine and what to get them to say, but I am a business man not a lawyer. I think that if the Claim is done right, I could deal with exam and court. I have spent a lot on lawyers with overseas contracts, grain deals etc., and have simply ended up with a bunch of legal bills and judgements that I can't get paid for. Lawyers don't spend the time to exam correctly, or plead correctly, and I only get 1/3 of what I need and the Judge tells me that I have a case against my lawyer for failed documents or something.

JACUSTOMER-m2i9dqhp- :

If I fax you the few relevant documents, can I pay you to review what I have done? It can't be worse than all these local lawyers.

Copperlaw : I am sorry about your past experience with lawyers. I can understand why you are wanting to handle this yourself.

Copperlaw : I cannot engage in communication outside of JustAnswer in accordance with their terms of service, however if you scan e documents and email them to customer service, citing the link to this question and my username "Copperlaw", they will send them to me and I can give you some feedback, I'd be happy to do that for you. I believe the email is [email protected]

JACUSTOMER-m2i9dqhp- :

Ok, I will do that to start with.... then we can decide if it is too much for me. -- I will do it first thing tomorrow morning. -- Thanks.

Copperlaw : You are so very welcome. I look forward to hearing from you

JACUSTOMER-m2i9dqhp- :

mmmmmmmmmmm

Copperlaw : Mmmmmmmmmmmmm?

JACUSTOMER-m2i9dqhp- :

Ok I have the main relevant documents ready to send -- there is 28 --- Claim, My Defense and CounterClaim, Defense to my Counter Claim, Third party Defense, -- Cover page of my new Affidavit to support my not yet amended Claim etc.

JACUSTOMER-m2i9dqhp- :

Are you still willing to look at it through email scan?

Copperlaw : I am. I will look for an email from customer service

JACUSTOMER-m2i9dqhp- :

sent

Copperlaw :

got them. lts to go over. i'm in trial tomorrow, so give me a couple days and i'll get back to you.

Copperlaw :

sorry, not sure what happened there, "it's a lot to go over"

I am farmer from Sask. Canada... I was sued and counterclaimed…

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