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
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
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