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From CANADA. ONTARIO. I have been told to sue the estate for…

Hi from CANADA. ONTARIO. I...
Hi from CANADA. ONTARIO. I have been told to sue the estate for breaking/breaching part of the contract. This will go to small claims court and I will do my best to prevail. The estate is in the name of Sandra E. and her power of attorney's are Randy and John. their names are ***** ***** "purchase agreement". The estate contract was handled by their lawyer Brian S. On the court claim form, of the 4 names mentioned, how many should be listed as defendants. P.S. This is my 1st ? on this site as a new user and I am still learning how to get around on the computer. Thanks.
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Customer reply replied 5 months ago
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Answered in 1 day by:
3/18/2018
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,978
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear of this difficult situation.

Are you saying the two executors of the estate signed a contract with you in their capacity as executors?

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Customer reply replied 4 months ago
Randy is vendor #1, John is vendor # 2, Sandy is incompetent and is in a retirement home. The contract is for 3 property lot's and all things on the lot's such as boatrailors x3, a 20' shipping container, 3 camper units and shed's as well as anything else on the properties are sold with the properties. Brian S. is the lawyer representing the 3 people listed above. Thanks

But when Randy and John signed did they say something like "as POA for Sandy"? Or did they sign on their own behalf?

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Customer reply replied 4 months ago
The purchase agreement reads,"signed,sealed and delivered by SANDRA ------by her attorneys, Randall-------- and John------- in the presence of:. I was not privy to any conversation regarding the signing of this document. It went from my lawyer to their lawyer. On Oct 13th they signed the agreement, the property possession date was Oct 31st. This agreement was also discussed back in July and I have a witness as to the verbal agreement, as it was 1st offered to the witness. It was stated that the property and everything on it is included in the sale of the property. Thanks

Then you would sue Sandra. She is the person who is party to the agreement.

Randall and John should be served with the claim as they are her attorneys under the POA and they will have to consent to be her litigation guardian.

Does that fully answer your question?

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.

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Customer reply replied 4 months ago
As I see it all three are party to the agreement. Would I name all 3 as defendant's on the claim form. Thanks

Yes you would.

You will see that you name the first defendant on page one of the claim.

Then there is an additional party form. It becomes page two of the claim.

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Customer reply replied 4 months ago
Hello again. Regarding the 2 POA's, Randy is canadian and can be served and will also be served the papers for Sandy as her POA, would that be the proper procedure. John is a U.S.. citizen who shares POA and I can't make him show up, nor can I contact him. Should I proceed with the case naming Sandy and Randy as defendants only.

If you want to sue John then you have to get an order for substitute service from the court by proving you cannot sue him personally. Then they may allow you to serve him differently such as through his brother.

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Customer reply replied 4 months ago
I don't want to sue John,nor bring him to court he is innocent. I am sueing the estate of Sandra--------and Randy as 1 of her attorneys, the guilty party. John is the other power of attorney and is Sandy's brother He isn't aware of pending law suit.

Then you don't have to serve John.

Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 105,978
Experience: Lawyer
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Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you for your advice, which I am counting on and will proceed to litigation. As I stated, in the beginning, I am still learning this computer stuff and this was my 1st question asked and answered. As for star ratings I will give a four. I wish the rating could be put off until I see the outcome of the info that I received. I am nearing 70 years of age and somewhat sceptical of doing business with people, because to many time's I've been disappointed by them. Please do not be offended by this statement. If all go's well and if I can, I will change the rating to 5. Again thank you.

The rating cannot be changed but that's fine. And please know that I will be here for you if you need me again.

Thanks and take good care.

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Customer reply replied 4 months ago
Debra, I am still putting my case together, evidence and estimates of my replacement value's of item's taken and it will be some time before I take it to court. The wheels of justice turn slowly but I will have my day. Debra, on 19 march 08:31 you replied to me " saying I don't have to sue John". Please confirm this. The estate belongs to Sandy, her POA'S are Randy and John as stated on the purchase agreement which also list's them as the vendor's. I mentioned that John is innocent of the wrong doing. If I list Sandy and Randy as defendant's on the plaintiff form, will the court say, I was supposed to serve papers on John as well and not hear the case. Please clarify this regarding who to name as defendants on the form to get the case heard. Again I mention that John is a US citizen and not answerable to our law in this particular case unless he choose's too.

John is answerable to our laws. That is not correct.

But from your post you are saying that he didn't do anything wrong and you don't want to sue him.

It is more prudent to sue him for sure. The first thing we learn is law school is sue everyone you can so as not to make a mistake.

But if you are saying he is in the US and had no involvement then I can see why you don't want to sue him.

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Customer reply replied 4 months ago
Debra, I could subpoena John, but he doesn't have to show up in court, my real estate lawyer said @ the time of the breach of contract. Is this true or false. My friend is trying to help me locate John to ask for his cooperation in this matter. Thanks

He doesn't have to show up but if he enters Canada he could be arrested if he doesn't appear as that is a summons to court.

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Customer reply replied 4 months ago
Thanks again I'll keep in touch.

Take care.

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