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Old 06-27-2011, 11:54 AM
Horse1 Horse1 is offline
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Default Need help please

Hello All.
Started in Sept 2008, 7 court appearances, first Lawyer incompetent, second one just looking after his pocket book, present Lawyer at a motions failed to plead my points stating that they were not in the materials which in fact they were. Long story short, this past week I was making a motion to vary an existing consent order from Sept 2009, which was under the guise of attending court in Dec 2009 to correct. Since Dec 2009 we have attended court numerous times, been ordered to have a certified business evaluator appraise my small business, appraise both business property and Mat property, made an offer to settle, received an offer to settle which would have meant walking away with all the debt, the other sides lawyer told my lawyer they will stop when the money runs out. Over 5 months has past from our offer to settle in Dec 2010 until they responded, delay tactics have been used every step of the way by the other side. By my second lawyer I was told to borrow the monies in the interim until Dec. 2009 court appearance. In court this past week I pointed out what I wanted him to focus on due to the other side misrepresenting the facts. Prior to sending our brief notes he disregarded my wanting to include some guidelines published by the Canadian Auditing Standards of what a going concern is as far as a business in concerned, just because a business is open does not mean it is a going concern regarding valuation. We attended our motions and were slapped with costs, the judge stated that he did not believe our position, my lawyer did not present the fact that since July 2008, the company has had to borrow a significant amount of monies to stay in business. The judge saw that to overdraft was basically at the same level, maxed! My Lawyer did not include the guidelines or explain that monies had been put into the company to stay afloat. Since the motion I have expressed my position, his response was that we cannot appeal the Judges decision, it would not have made a difference anyways he said, a Trial Management Conference is next.

I have borrowed in excess of $ 100k from family since the inception of this, I cannot borrow let alone pay it back with the present orders.

What are if any my choices at this point? Present lawyer said I could get a second opinion but I would be wasting my time trying to appeal the Judge's decision. I feel my present Lawyer could have at least presented the facts and included standards on how to evaluate a business, because the Judge did not put any credence in the Evaluators report from the company we hired and took the others side completely, he went so far as to say I must not believe my own evaluators report so why should he!

Thank you
Old 06-27-2011, 05:24 PM
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wretchedotis wretchedotis is offline
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Keep in mind I may be somewhat on the bitter side. 'Somehwat'. LOL

You're a man, correct?
You're hosed. You'll never get a fair shake in court.
Old 06-28-2011, 08:43 AM
Horse1 Horse1 is offline
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Yes I am a man, I do realise the courts are somewhat bias, this I cannot change. My questions were what to do from here, present lawyer did not put forth the information I asked him to, can/should I appeal the Judge's order, self represent, where to go?
Old 06-28-2011, 08:52 AM
Mess Mess is offline
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Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough

If you are having trouble controlling your lawyer, then you will have just as much trouble self-representing.

You should have seen your brief before it was submitted to the hearing, and you should have seen the arguments and what was included in the affidavits. If your material and preferred arguments were not included in the paper, then you should have dealt with it ahead of time.

If the material and arguments were on paper, the judge read them and decided, like your lawyer did, that they weren't relevent.

You may think something is relevent but that doesn't mean the courts do.

I am not saying you are wrong, but you are convinced you had a magic bullet and your lawyer gave you expert advice that it would be ignored.

You can't control what your lawyer says in front of a judge, but you certainly have time and ability to control what goes into your affidavit and application/answer. If you want your arguments presented, you do have control of that. I say this because if you had trouble with this under a lawyer, you will have 10x as much trouble self-representing.

Sometimes you lose a case. This is reality. You may not be able to appeal or reopen the issue, you option may be to fold the business and declare bankruptcy, this would be a material change and then have the issue reopened at another motion.

From your description this may be a possiblity anyway.
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