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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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What are my options if a lawyer threatens to sue me if I

Customer Question

What are my options if a lawyer threatens to sue me if I don't commit to something that is deemed illegal?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Debra replied 10 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Debra replied 10 months ago.

This seems rather odd. Can you please start from the beginning and explain exactly what is going on.

Then please let me know your province.

Customer: replied 10 months ago.
I'm in the province of Ontario.I'm a director of a condo board / corporation. One of our commercial unit owners is a Law Firm. They submitted signage designs for approval that did not comply with our Declaration, By-Laws, and Rules in the building. We refused to vote because it is considered illegal for a condominium board to approve signage that doesn't comply with the corporations Declaration (original builders drawings submitted to the municipality during construction). This is according to the Condominium Act, Section 98.This unit owner threatened to sue each of the condo members personally in the amount of $540,000 each, if we didn't vote to approve his signage proposal within 24 hours. This coming from a lawyer is confusing because it's arguably illegal for us to approve without submitting a request to owners within the building and getting 90% of them to approve the necessary changes to our buildings' Declaration / governing documents. My understanding from the Condo Act, Section 98 is that these documents are considered the law and if we consciously deviate from them, the condo board is potentially liable and the signage is certainly considered illegal by the municipality because signed must have the approval of both the city and condo board to be considered legal.
Customer: replied 10 months ago.
We're protected by Directors Insurance, so it's a little that he would say he will sue us personally... I said this and he said "I'm a lawyer, its my job to find a way to sue you outside the corporation, personally."The condo corporations' legal counsel is reviewing our position but feel strongly that we did the right thing in refusing to vote and approve. I'm curious if it's possible or appropriate for us to have this lawyer disbarred because it feels very slimey, immoral to be intimidating into doing something that is deemed illegal.
Expert:  Debra replied 10 months ago.

These threats make no sense whatsoever.

First the amount of the claim is preposterous.

Second the lawyer knows he cannot successfully sue any of you personally. He would have to sue the corporation.

I suggest that you simply have the condo corporations lawyer send him a letter asserting your position and telling him that you are happy to have a court decide.

And if you need to amend a by-law he must know this is by special resolution only.

Expert:  Debra replied 10 months ago.

Sorry, our posts crossed.

You can file a complaint with the LSUC but it is not likely they will say this is misconduct as this is threatening a lawsuit which is not unlawful.

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 10 months ago.
I think this is great. Thanks!How to prevent the site from auto-billing after my 7 day trial?
Expert:  Debra replied 10 months ago.

I don't know. I don't work for the site. I just log onto the site the way you do and I see a list of questions and choose which to answer.

I assume that you contact customer service if that happens.

Expert:  Debra replied 10 months ago.

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

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