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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101381
Experience:  Lawyer
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Could you please tell me if the Plaintiff in a civil case

Customer Question

Hello & good morning,
Could you please tell me if the Plaintiff in a civil case (in Court of Queens Bench) makes false and misleading statements in a sworn affidavit and then further takes monies not owed by the defendant when a summary judgement is entered as the Plaintiff did not inform the defendant of the hearing date and the defendant as a result did not appear and so then the defendant gets a "set aside" judgement as a result...did the plaintiff commit perjury and what is the consequence for that and for seeking and accepting monies that were proven (and were outlined as not owed and backed up by exhibit in the statement of defense and affidavit of the defendant) not owed by the defendant???
And moreover what are the ramifications for the lawyer (& or law firm that moved it forward without checking the facts???
Thank you very much for your help!
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Now today the Plaintiffs Lawyer wants to have a meeting this afternoon to work out a deal with the defendant (Me) as opposed to the Plaintiff filing again to now be heard in Special Chambers (as was directed by the Master who granted the "set aside" judgement in favor of the defendant) for another debt that was included in the original action that too had issues and extenuating circumstances surrounding the amount owed...and I am wondering which would be my better option as in should I go forth with the meeting and offer a settlement for the actual monies owed or allow the case to go to Special Chambers as I think based on the previous conduct (as included in my original question) it may very well be thrown out...and would appreciate your thoughts???Thanks again!
Customer: replied 1 year ago.
Also I forgot to mention that my appointment is @ 2:00pm Alberta time today and would very much appreciate if I could please have your answer and input in time for me to review before the meeting otherwise I am afraid I may not do the right thing and all will invariably become a mute point...Kind regards,I have represented myself throughout this entire action (that really never should have been) without any legal advice of any kind but am really in a bit of a quandary at this point and any help would be greatly appreciated.Thanks so much
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.
My apologies as I have been up all night and misunderstood the call me option as I thought I could simply call you...pls disregard.Tks,
Expert:  Debra replied 1 year ago.

Did the plaintiff lie and say that you were served with the application for summary judgment? So was a false affidavit of service filed?

Customer: replied 1 year ago.
In fact there was an adjournment for the hearing that was to be confirmed by email to myself which the Lawyers notes indicated however, they (the Plaintiff) produced @ the "set a side" hearing (which was granted to me, the defendant) in an affidavit sworn by their Paralegal that the adjournment date was sent to me but upon perusal by myself in the courtroom, it was clear by their own admission, in that affidavit and exhibit produced, that the email address given and indicated in the Lawyers notes and the email address the paralegal sent it to were not the same and it was not my email address as provided. This however, is not the perjury I was speaking of in my original question although I suppose that is an issue not boding well for them either...the perjury I was asking about was included in the Statement of Claim and accompanying affidavit produced by the Plaintiff and continued thereafter. Then when I was not in attendance @ the hearing as mentioned the Plaintiff was granted the Summary Judgement and accepted monies, to the tune of $5000.00 in that judgement they were not entitled to which again, is a separate issue to that which I am asking about.If you could please try to answer for me soon as I will be convening in less than 2 hours with the Plaintiffs Attorney, I would appreciate it.Thank You!
Customer: replied 1 year ago.
As a footnote...the Plaintiff has admitted, in the same affidavit produced @ the time of the hearing 2min before the commencement of the "set aside" hearing that they were purporting had been sent to me but wasn't, that the money sought and received by judgement, was in fact not owed...
Expert:  Debra replied 1 year ago.

It is not perjury if lies were told in a Statement of Claim.

It is perjury to lie under oath and that would be both when giving live testimony and also when an Affidavit is sworn.

Did you know that you have a right to cross-examine on all affidavits?

Customer: replied 1 year ago.
I did not know that but did file my application to set aside that under irregularity complained of or objection relied on that the Plaintiff knew or out to have know that the money was not owed as they are the bank...
I am going o have to convene with the Plaintiffs attorney min from now and do not know what cards I hold for this discussion...Can you help me with that???
Expert:  Debra replied 1 year ago.

The cards you hold is that the Plaintiff lied in an Affidavit and that is perjury and you will go after the plaintiff if this is not resolved.

So a settlement is best for the Plaintiff and really for both of you so that there is certainty and so it will be over.