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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101440
Experience:  Lawyer
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Legal Ease (or someone els), are you there? I, Eduardo (as a

Customer Question

Hello Legal Ease (or someone els), are you there?
I, Eduardo Garcia (as a defendant), am bringing my motion against the plaintiff seeking:(a) An Order that the Plaintiff publish a detailed letter of retraction and apology for the false and defamatory allegations made against Eduardo Garcia and his spouse for the last five and a half years. This letter will be posted on the Cajubi’s and Itaipu’s websites, indefinitely, and published in Paraguayan newspapers, ABC Color and Ultima Hora at the expense of the Plaintiff;(b) An Order that the plaintiff delivered to Eduardo Garcia, a copy of all communications it had with the Department of Justice Canada, the Embassy of Paraguay in Ottawa, the Paraguayan Prosecution Office, and the RCMP, related directly or indirectly to any of the investments Cajubi made in Canada, whether these communications have been directly or through Itaipu or the Paraguayan Prosecution within 15 days. This will also include communications sent or received by the Plaintiff’s parent, Itaipu;(c) An Order that the Plaintiff [Joint-Plaintiff (Querellante Adhesivo) in the criminal proceedings in Paraguay], provide Eduardo Garcia with a copy of the Acta de Acusación (accusation instrument) that formalizes the "charges" against him within 15 days;(d) An Order that the Plaintiff [Joint-Plaintiff (Querellante Adhesivo) in the criminal proceedings in Paraguay], provide Eduardo Garcia with a copy of documentation on the current status of the extradition proceedings sought by the Plaintiff;(e) An Order prohibiting the Plaintiff from taking any action that directly or indirectly limit, suppress, violate or affect Eduardo Garcia’s Chartered Right to Freedom of Opinion and Expression, including Freedom of the Press and Other Media of Communication, including through Eduardo Garcia’s correspondence and websites;(f) An Order that the Plaintiff and its counsel, refrain from any tactics or conduct to illegally obtain personal information or records of Eduardo Garcia and his family;(g) An Order dismissing the Plaintiff’s motion for abuse of process and contempt, with strong wording specifically directed at the Plaintiff’s and its counsel’s misconduct;(h) A Declaration that the Plaintiff and/or its Canadian counsel are financial liable for $10 million, if something happens to the lives of Mr. Garcia or his wife, related to or arising directly or indirectly from the actions of this Plaintiff to extradite them to Paraguay.On which grounds (rules, law or regulation) should I rely on?Thank you,
Eduardo Garcia
Ontario, Canada
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.
Thank you for requesting me. Your post is very long. Can you explain why you are bringing a motion rather than starting a lawsuit?
Customer: replied 1 year ago.
I've been sued in Ontario, Canada a while ago. The plaintiff is a corrupt estate-run pension plan in Paraguay.
The Plaintiff is bringing a motion for abuse or process and contempt against me to be heard on Sep 19, and I'm responding with a cross-motion seeking the things I just sent you.Hope this helps.
Customer: replied 1 year ago.
I meant "abuse of process"
Expert:  Debra replied 1 year ago.

I actually didn't realize that you were the same customer that I was assisting earlier.

Do you understand that the court cannot make an order about what someone must do in another jurisdiction?

Customer: replied 1 year ago.
the plaintiff is suing me in Ontario, Canada and as a party subject to a Canadian court proceedings they should follow Canadian rules, don't they?. For example, post security for cost in Canada, etc.
Another example, when the judge ordered them a couple of years ago to preserve evidence, the judge meant evidence at the pension plan in Paraguay, so a Canadian judge can order that... I can appreciate the Canadian court might not be able to enforce the order but that is a different story.
About my question, I will appreciate from you at least some guidelines as for on which type of rules, or remedies i should rely on to ask the court seeking those things. Thank you.
Expert:  Debra replied 1 year ago.

Have their been any case management conferences?

What Rules did they say they were relying on?

It is hard to answer without knowing a lot more about the case, what has gone on etc.

Customer: replied 1 year ago.
several but the motion coming up is a very specific one.
The lawsuit (by this corrupt pension plan based down in Paraguay) was against several Canadian defendants (individuals and corporations), I'm one of them.
As I shared with you earlier today, the plaintiff has been doings very bad things, for example, using Canadian pleadings (from the civil action) as "evidence" down in Paraguay in a criminal action...
Expert:  Debra replied 1 year ago.

So what I am asking is what Rules they said they were relying on.

For example, do they list Rule 37 of the Rules of Civil Procedure?

Customer: replied 1 year ago.
No, they are not relying on on Rule 37.
They sued for fraudulent misrepresentation and the case in on Commercial List in Toronto. That was in May 2011 and they're desperate cause they know there is no way they will ever prove that the huge "fraud" they alleged in the first place. They lost lost of money due to the financial crisis (2007-2008), that's it.
It's a vexatious litigant, they're desperate and that's why are bringing this type of crazy motions such as abuse of process and contempt....
Expert:  Debra replied 1 year ago.

I cannot do legal research for you though. I am wondering if I should opt out and let another expert take over.

I don't know that much about commercial litigation and I was only going to cite the Rules of Civil Procedure you are relying on but if you need to refer to legislation I cannot help. You also will need to provide caselaw which I cannot provide for you.

I think it will make sense for me to opt ou.

Customer: replied 1 year ago.
Your question (about R37) carries a critical issue that I will try to argue later on (proper jurisdiction for this matter) and try to get a stay in the whole canadian proceedings. You have good point.
For now, I just want to do well defending myself against their motion by bringing my own cross-motion.
Customer: replied 1 year ago.
Ok, please provide to that other expert a brief background of my situation.
In short, if he/she can direct me to some rules and/or case law to support the point i sent you, it will be awesome.
Customer: replied 1 year ago.
Bot***** *****ne, what rules and/or case law can I use to argue before the Toronto judge my points: a-h
Customer: replied 1 year ago.
This is my profile, it might assist your colleague:
Customer: replied 1 year ago.
An idea: they plaintif harrased me and intimated me, so what about civil a torts? and what about if I file a criminal complaint in Canada against them?
Customer: replied 1 year ago.