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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101043
Experience:  Lawyer
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I went to court to have the case dismissed, yet the judge

Customer Question

i went to court to have the case dismissed, yet the judge believed them as they denied ever talking and denied the agent had the right to withdraw any law suit. my lawyer did not insist on my circumstantial evidence that i did call before paying.
we paid weeks before being served /sued
now a hearing will come for the judge to give a court order to pay for the costs of losing the hearing to have the case dismissed after being sued after paying in full.
they lied conspired to entrap , can I testify ? can I ask the agent to appear and testify ?
can i cross examine the agent who only gave an avidavit , never appeared in court ??
they could demand $20k for their 'extra costs' of going to court to LIE and deny the agent
ever agreed to settle by phone.
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
1. are you authorized to settle this debt ? --> yes i am2. your lawyers have said they will sue if not paid by last month
is it too late to pay ? --> no you can still pay3. we are not paying because we agree with the demand,
we want to pay to avoid the law suit --> yes i understand3. do you want to add on any more to settle the debt in full ?
--> no if you pay that ammount you are paid in full4. i can send the payment via registered mail and fax the reciept
will that be accepted as payment ?5. so it is not to late to settle in full now to avoid the lawsuit
--> yes if you pay now you will be paid in full
Customer: replied 1 year ago.
i have clear circumstantial evidence that i did call before paying.
1. did fax post office recipt of check mailed !
2. did call numerous times to see if check arrived.
3. lawyer did check if payment arrived and rejected my assertion that payment was made as check had not arrived
before the agent appeared to serve notice to sue
Customer: replied 1 year ago.
any one threatened with a hammer to the head will pay to have the hammer removed
we paid to avoid the lawsuit and called to have the agent withdraw the suit
she said she was authorized to settle with tenants who have not paid.
now they deny she had authorization to withdraw any suit
clearly the lawyer simply wants $ via suing regardless he wants all he can get lie or no lie
Customer: replied 1 year ago.
the bill was for a renovation we contested yet decided to pay late if the suit would be cancelled.
they lied
westsea construction has sued 100's of tenants bankrupting and forcing them out due to high legal costs
of opposing their actions. they simply give short notice to pay or be suedgive us $20k within 6months or we sue you.. when they new years in advance they failed to notify years in advance
so conspiracy so entrapment so fraud..thus i called to offer to pay though late IF the lawsuit would be cancelled
Expert:  Debra replied 1 year ago.

I am not following the facts Are you saying that regardless of all that went on at the end of the day there is a judgement against you and you are asking about what will happen when your lawyer goes to deal with costs?

Customer: replied 1 year ago.
as the judge denied my request to have the lawsuit dropped and granted "extra costs" to the lawyer. the lawyer had an affidavit from the agent denying ever talking or offering to we sold our unit, so soon the building owner will simply TAKE any amount they want as "extra costs" to defeat our effort to have the case dismissed. The $ from the sale goes to escrow where the building owner will take what they want. Perhaps we can write to the owner and ask to settle in full any outstanding bills ?There are hearings where a judge decides HOW much $ will go to the winner from a court case. So we may have to go to court to protest the amount they take as 'extra costs'Outrage is what i felt for sure and informed even the prime minister of canada , news papers etc.. so lawyer is angry at me for accusing him of conspiring with the building owner to sue the tenants for as much as possible.So they may try to take all of the money from the sale as extra costs leaving us with nothing more costs to protest in court about all the money they take.the legal system is rigged in favor of the lawyer with the most power not truth.
Customer: replied 1 year ago.
as i was outraged by the lawyers determination to ignore my postal evidence before being served i complained about him to newspapers etc.. making him angry.. so he will likely try to get 'extra costs' of all the remaining money from the sale of the unit.
Customer: replied 1 year ago.
i accused him of conspiring with westsea to sue the tenants for as much $ as possible basically using the owners position as an excuse to sue. they did sue 100's of tenants last year and won, bankrupting 100's of them making millions inprofits by imposing sudden renovation and demanding sudden payment .. a scam to use the courts to win lawsuits. so with the judgment against me they will try and take all the money from the sale of the unit. as the judge agreed that the agent was not authorized to settle so even if she did say so by phone the lawyer still has the right to sue regardless of what the agent said who as a title of account administrator for all the building complex residents.
Customer: replied 1 year ago.
i could send a letter (my wife is owner not me) (she never signed for me to negotiate on her behalf.) The letter could ask for a bill for the outstanding amount due, to clarify before the sale goes thru how much they will demand.
Expert:  Debra replied 1 year ago.

I am still not following.

Are you saying there was a judgment that determined liability but now there is a hearing to determine how much should be awarded?

When was the judgment rendered.

Did you have a lawyer representing you?

Customer: replied 1 year ago.
i guess i need a lawyer.. the last lawyer was foolish enough to argue that my postal reciept was proof of payment before getting served. however the judge said the lawyer can sue because payment was not made before the date he set as a deadline
months before. which is WHY i called to get a settlement offer before sending the money after the deadline. several days after calling the lawyer served papers to sue. payment arrived about a week after mailed. i should have put a stop payment on the check.
Customer: replied 1 year ago.
a the judge granted 'extra costs' for the lawyer to recover costs of going to trial to defeat my effort to dismiss the lawsuit.
however the lawsuit is not done, it may go on for a year longer as the lawyer failed to answer some questions. they may fail to prove that there demand for money and renovate on short notice is right. however the judge did insist the lawyer wait for the outcome of the trial before our case concludes. if others win then by default we win . about 20 others are contesting the demand for money on short notice for a renovation.
give $20k within 6months or we will sue now the unit is sold.. they can take a huge amount for 'extra costs' from escrow leaving us bankrupt without buying a new place.they basically anger the tenants with sudden demands for money and defeat them in court by suddenly renovating.
the game they play is using the courts to make $ with the excuse of owning a building complex.
with more advance notice tenants could sell and move away rather than stay and effort to avoid the lawyer by calling the company and asking to speak with an official who could settle
the debt and avoid the threats was useless. the agent deliberately misled me LYING that we could then pay
and avoid the lawsuit. so now what ?
Expert:  Debra replied 1 year ago.

So it this about an interim order or are you saying that at the end of the day there will be a trial and then after that the court will consider costs but the judge said there are reasons to give the lawyer higher costs.

And are you saying you send the money so that the trial would be dismissed but you sent it after the deadline?

Customer: replied 1 year ago.
it is complicated.
i did PAY after the deadline but BEFORE any papers were served.
i did initiate an action to have the case dismissed but LOST
now the case against 20 or more leaseholders is halted as the lawyer failed to answer a question
the lawyer will likely return to the case with his answer for the judge so he can sue all 20
the case will likely be ruled on by a judge within a year.
they have WON all cases so far suing 100's of tenants so they will likely win again, it is their business modelin the end all will have to pay what the judge demands
but NOW we sold so the lawyer can just TAKE what the DEEM as owed on the account
leaving us with no recourse but to go to a court hearing to ask the JUDGE to rule on the amount they can my question is about how any lawyer could argue in our favor that they lawyer is clearly just profiting from
an owner that is keen to sue tenants and profit from doing so.the judge could say i accused him of conspiracy and lying and could not prove it so he can take ALL the money
he wants.. or the judge could see the circumstantial evidence that i did call and was misled to pay without being told
to call the lawyer.. the agent insisted she could settle the problem herself, no need to go to the lawyer i was lied to
and they did conspire to defeat me and STEAL the money
Customer: replied 1 year ago.
I made it very clear to the agent that we did not AGREE with their demand for money (job not completed) yet we wanted to pay to avoid a lawsuit if possible. the agent assured me by phone that they would not sue if we paid promptly . i asked for the amount to settle in full including any collectoin costs legal fees . So I WAS deceived, she conspired with the lawyer to trick me and to sue me lying that they would not sue me. IT IS A BIG GAME FOR THEM
Customer: replied 1 year ago.
I will meet with a lawyer monday . but was hoping to hear from an expert about circumstantial evidence that one is lying or how to cross examine the opponent in court to make them LIE infront of everyon LIE on the bible what ever it takes to SHAME them into admitting they did LIE and entrap me .
Expert:  Debra replied 1 year ago.

I think you should say that you did pay to settle and that their agent told you so long as you did you would not be sued.

So you sent the money before you were served and as far as you knew when you sent the money the lawsuit had not been started.

While you paid late according to the deadline you relied on their agent and for this reason you should not have to pay the costs. Had the agent not made this representation you would have paid by the deadline.

Customer: replied 1 year ago.
if the agent said she had no authority to settle we would have called the lawyer and try to settle.
She insisted she had the autorization to settle and we would not need to call the lawyer.
So we faxed a reciept of the payment about a week before being served of notice sue.
When I called the lawyer to explain he claimed the agent said the money had not arrived and insisted on his
determination to SUE regardless of the agents conversation. In court the judge ruled in favor of the lawyers right to sue
leaving us shocked as EXTRA COSTS were granted as mentioned.
I wonder if many such scams have happened before where one party just lies and wins,basically using the legal system
to ROB their victims ? My lawyer failed to bring to the attention of the court the strong circumstantial evidence that i did
call the company before paying the bill after the dead line to get sued. So now as you say a lawyer must plead
my story and the likelihood that i was misled by the agent to get the money and get he lawyer his victim as well.However most judges are simply bullied by the lawyer with the most punch it seems. Thanks for your input . I would love to find other cases where glaring circumstantial evidence is ignored. The question is how to cross examine the lying agent ? Go to small claims court and accuse the agent of lying and conspiring which costed many thousands ?
Expert:  Debra replied 1 year ago.

Why not ask to have the right to subpoena the agent and to cross-examine her in court?

Customer: replied 1 year ago.
in canada one can subpoena a party to a lawsuit and if the judge grants it , they can be cross examined
and have those proceedings available for any future claims by the lawyer for money ? right , that seems the way to go.
so i need a lawyer who is an expert in cross-examination ! good point ! thankyou. any idea how to find such a lawyer ?
As the ongoing lawsuit against 20 is still ongoing (i was set aside as i paid, ha ha) so my lawyer could ask
to cross examine the agent to bring to bear how the agent and lawyer conspired and expose the corrupt
nature of the company basically trying to SETUP the tenants to get angry and get sued.
Expert:  Debra replied 1 year ago.

Where do you live?

Customer: replied 1 year ago.
here in british columbia canada
Expert:  Debra replied 1 year ago.

You can contact the BC Branch of the Canadian Bar Association 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 $25.

The number is:

(###) ###-####or 1.***-***-****.

You need a civil litigation lawyer.