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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100976
Experience:  Lawyer
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I have recently became aware of a settlement granted to me

Customer Question

i have recently became aware of a settlement granted to me do to a severe injury at age nine but was never given disclosure or trust at age eighteen as required. i have only come to discover such over past year since my father passed and i am forty now. my mother whom was joint trustee of funds refuses to hand over disclosure to settlement and has repeatedly changed stories regarding the situation as well as refuses to cooperate and jointly go before the court to have documents released so i may obtain any monies i am entitled as well as get to finally know what exactly was decided regarding the situation as i almost died do to negligence and was settled out of court with admission of guilt after firing a principle in charge how do i file a breach of trust and obtain documents and monies owed to date as i am in need of such for further treatment and is how i became aware of situation threw parents lawyer after inquiring about suing the party at fault and told i could not as was already settled on my behalf
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.
my number is(###) ###-####to reach me by phone
Expert:  Debra replied 1 year ago.

I am sorry but I cannot speak to you on the telephone. I know the site offers this service but the site is based in the US. In Canada the rules of my law society prohibit me from speaking to you on the telephone as you are not my client.

I can only speak to you by posting up and back over this site.

May I go ahead?

Customer: replied 1 year ago.
you may but are you familiar with Canadian law then and the differences from American law so that the information given is accurate and reliable?
Expert:  Debra replied 1 year ago.

I don't understand. You said this is about the law in Ontario. I am a lawyer in Ontario. I don't know the law in the US. Are you saying I need to know this or did you misinterpret what I said?

Customer: replied 1 year ago.
I misinterpreted what u said I guess it is for Ontario law I apolagize
Expert:  Debra replied 1 year ago.

Who was the other Trustee?

Customer: replied 1 year ago.
I have been told I have a two year timeline to address this since I was made aware which is now just over a year ago and so is important to get things dealt with as quickly as possible and my mother has always explained the large amount of monies she obtained by a lawsuit she was awarded settlement from regarding a car accident which I recently got court disclosure for and was false therefore is believed it is actually my settlement that has created there large value in property and assets. Is this information going to take much time as I am hoping to get to courthouse today to file the motion once I know how to proceed
Customer: replied 1 year ago.
The other trustee was my father now passed away
Customer: replied 1 year ago.
My main goal is to et disclosure of settlement to assure there was monies awarded and to gain knowledge of what was settled regarding the severity of the accident which I almost died do to severed artery and tendon as well as kneecap and left without medical attention for almost three hours till a neighbour came and took me to hospital cause school would not call ambulance after loosing my emergency medical information
Expert:  Debra replied 1 year ago.

I am really sorry to hear all of this.

Unfortunately, the person who is going to be liable for these funds is your mother.

She is not the person who should be going to court as she is the person who had these funds invested or lock up in some way for you and if they are gone she is liable.

The court documents would not be sealed and if for some odd reason they were you would be told this.

So if you cannot find a court file then one didn't exist.

The court clerk at the court house office should be doing a search of the archives for you.

As well, you can contact the OCL and see if there is a file there. If there is any judgment on behalf of a minor they would be told if things were done lawfully.

Here is a link to the contact information you will need:

The school would also have records and you can do a Freedom of Information Request though those documents may be gone now.

The court keeps all records.

If none of this works you can bring an application to the court but this will be very complex and may involve suing your mother unfortunately so you should have your own lawyer represent you if you need to go that far.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
Thank you I may have another question or two yet but will look into the answers you provided thus far and appreciate your help. I am aware I am going to have to take legal action against my mother more then likely and is unfortunate however I have done everything in my power to get her to work with me to avoid such a thing from happening but has been uncooperative which also leads me to believe she is aware of the breech of trust and attempting to avoid it by surpassing the timeline by delaying my ability to get diclosure of the documents with her cooperation. Thank you again and I hope this puts me in right direction to obtaining the said documents
Expert:  Debra replied 1 year ago.

I will be here whenever you need me.

I am very sorry that this has happened to you. I can imagine how you feel. It goes well beyond the money, I know.

Expert:  Debra replied 1 year ago.

Is there anything more I can help you with at this point in time?

If not could you rate me now and then come back with your follow-up questions when you have them? Thanks!