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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Law
Satisfied Customers: 2263
Experience:  25 years in practice
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On Nov. 2014 we retained a Lawyer to represent us in a civil

Customer Question

On Nov. 2014 we retained a Lawyer to represent us in a civil suit brought against us from a neighbour requesting an interlocutory injunction, an easement and damages. Our counsel filed a response to civil claim and outlined our defense. We advised the lawyer that we were building 2 houses with the objective to strata each of them at lock up. We advised him that we were concerned that the plaintiff might put something on title to restrict our ability to strata our property and obtain mortgage funds to complete. About 5 months later (Mar 2015) we had our houses built to a stage where we could apply to strata them. We made an appointment with counsel to discuss this along with remaining suit issues. It was only then, when we inquired as to the cost of strata that he came back in to the office and advised us that yes, a CPL was registered on our property. We found out later that it had been there since Oct 2014! A few days later we told the Lawyer to get the CPL removed. Counsel then arranged a court date for July 14, 2015 to apply to the courts for removal of CPL. 4 days before court, former Counsel advised us that the plaintiffs lawyer would remove the CPL providing we allowed them access to our property to perform a drainage study. We told our Lawyers no; but they advised us to accept. We did. Unfortunately, we did not find out until July 20th what the drainage study entailed. It will negatively impact us and we believe our former counsel should have obtained our approval as to the extent of the drainage study. As a result of the CPL and paying over $20,000 in legal bills we cannot hire a new lawyer. As soon as the CPL was removed they withdrew as our lawyer. What can we do from here on in to try and protect ourselves and our property? The study apparently specifies an excavator digging 10 test holes on our property with no test hole locations, depth or size? We have 2 brand new houses on our property and have costly services installed: a large engineered septic field & septic runs for 2 houses, rock pit areas for 2 houses, 2 wells, 2 driveways, 2 RV;s with yard area, 2 horse trailers, equipment shed and 2 fenced horse paddocks for 2 resident horses. Please advise. Thanks.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Are you saying that you did agree to the drainage study but didn't know it was going to be this extensive and want to know if the lawyer was wrong in not detailing what you agreed to do with for the drainage study?

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