Originally posted by Links17
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Justice Denied: Huge legal bills push many to self-represent in court
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Links17 does know one thing that I don't know
I think you probably want to know what the BASIS is of suing an opposing lawyer.
I am in Quebec so it is a little different but the basis is as follows.
If anybody interferes with any of your CHARTER rights in a malicious manner Quebec law gives you the right to seek punitive damages which is a form of damages simply with the purpose dissuading others from repeating the same behaviour.
Examples are if somebody files a completely baseless motion against you which is blameworthy (you made up the basis upon which you sued that person for example on purpose). You have the right to get extrajudicial damages (your legal fees) and punitive damages.
Also thinks like somebody tries to put you in jail (via contempt) and it is completely manufactured then they attempted to interfere with your charter right to freedom so they can be in trouble. An example is this case:
http://canlii.ca/t/ggnsj (quite funny, the dealerships presented forged receipt that they had to clean urine from the side of a car to frame somebody).
Lawyers can always transfer the blame to their clients but if the lawyer MUST have known that the motion was blameworthy or evidence manufactures I think they can be held responsible.
I am still researching, I plan to start the process perhaps June of this year after. I will definitely share my results here, lawyers need to be held accountable if we want things to get bettter.
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http://lemedecinduquebec.org/Media/8...osiers1104.pdf
(there is some stuff about ontario damages there)
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Originally posted by Links17 View PostI am still researching, I plan to start the process perhaps June of this year after. I will definitely share my results here, lawyers need to be held accountable if we want things to get bettter.
Lawrence v. Peel Regional Police Force, 2004 CanLII 66278 (ON SC)
Lawrence v. Peel Regional Police Force, 2005 CanLII 3934 (ON CA)
Lawrence v. Peel Regional Police Force, 2009 CanLII 19934 (ON SC)
Lawrence v. Peel Regional Police Force, 2009 CanLII 27831 (ON SC)
Lawrence v. Peel Regional Police Force, 2010 ONSC 6317 (CanLII)
Andrew Mark Alexander Lawrence v. Peel Regional Police Force and Theresa Maclean, 2012 CanLII 11270 (SCC)
Good Luck!
Tayken
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Actually Links17, I was asking about the process to sue opposing counsel. My experience suggests it is almost impossible to do this and I don't know the process to do this. The last thing I am going to do is hire a malpractice lawyer to sue a family court lawyer for malpractice. I'd be giving money to the malpractice lawyer with no guarantee I'd get any damages. No thanks to that scenario. So I wanted to do it on my own but I don't know the process. And it could be different in Quebec vs Ontario.
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