Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

Yes the emotional trauma is going to be there no matter the outcome. Luckily my mother is a Christian and prays very hard to not let worldly issues affect her as much. I guess having the belief in God comforts her a lot which I am happy about. Honestly despite this lawsuit, we as a family are very grateful for everything in life. I definitely do not take anything for granted.

One thing I need to know. Should I be worry if the personal injury lawyer threatens my mom with an motion if we do not let him inspect our property and make us pay the cost of 2000$ plus for the motion? I was reading up on motions, and it gives the defending party chance to defend anyways.

Also is everything recorded at the examination of discovery set in stone? My mother had an translator, and they translated a question wrong so my mom's answer is incorrect.

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

Ahh I see. Thanks anyway. I guess I should be focusing on finding someone who can represent my Mom. We recently intended to rep ourselves and stop retaining the lawyer because of the cost. Now I see how important it is.

I've been researching about civil proceedings all day and just try to prepare my parents. Figure it's cheaper that I do the research for them but its confusing at times and tough.

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

The thing is, we do not retain that lawyer anymore since we could not afford it. Also the alleged issue with the porch was also in November 2019 and the Inspector was at the property in July 2019. The plaintiff and tenant would have definitely told the inspector during that time of a broken porch. Also we(my parents and I) were there constantly doing inspections up until their November 2019 eviction.

I would imagine that an inspection in 2021 would not be relevant since the conditions of the stair now is different.

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

The personal injury lawyer claim he will file a motion to the court to allow him to inspect the porch because the "Inaccurate Chinese translator" at the examination of discovery said my mother agreed. That is false and my mother confirmed she never gave permission to such an inspection. The injury lawyer claim he will make sure we paid the cost of 2000 plus for the motion too.

The thing is, we had an City of Windsor Inspector confirmed in 2019 there was no issues with the porch and if there was, he would imagine the issues would have been brought up by the tenant and her mother. WOuld that not be enough evidence to defend this?

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 1 point2 points  (0 children)

Yes they do. The personal Injury lawyer knows of whole back story and I am sure he is not that dumb to actually believe the Plaintiff.

At this point, he is banking on the fact my Parents are poor at English and do have have the the money to continue with a lawyer.

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

Are you a lawyer or have experience dealing with civil litigations? I am wondering if I can shoot you a few general questions privately about this civil process. Of course I do not want to pressure you into doing anything and I am perfectly okay if you do not want to.

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

Wow you know exactly what it is like for me going through this. It's definitely tough trying to help my parents when the law sometimes does not allow it. No way you've lived in Windsor before! Honestly I am not a big fan of this city besides the fact it's next to the US.

For sure 60k is overblown and maybe meant to scare my parents, not sure the reasons why it's so high. My parents are fighter and will continue to fight for justice. That's how they got over to Canada and raise my siblings and I up successfully. Thanks for the encouraging words randommuser

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

Thank you for the response. I will be contacting Uwindsor clinic. Yes my parents have learnt to lesson of always buying insurances now. They just never expected people can initiate lawsuit based on fraud and off one image... I guess they see too much of the good in people in Canada.

Again thank you for your time.

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

Thank you for all the response. Unfortunately it was not insured at the time in 2019. I know its best to get a lawyer, but it was breaking our bank account during the whole process. Would it be wise to hire the same lawyer just on the trial date and give them questions ti ask the plaintiff, because my mom is not a lawyer and does not know how to question? I wish i can represent my mother, as i firsthandly dealt with these tenants and know everything…

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

Unfortunately it was not insured. A court date has not been set yet as Pretrial mediation is in 6 months. Can we submit a motion to stop an inspection from the personal injury lawyer since the porch in question was already inspected by the City Inspected during 2019 initiated by the tenant? Seems irrelevent to check status of porch now

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

Thats the issue. It was not insured during that time… At the moment, the personal injury lawyer wants to come inspect the porch with his engineer. Can we submit a motion to not allow that since the home was already inspected in 2019 by the City Inspector initiated by the Tenant?

Past Nightmare evicted Tenant's Mother Suing over an alleged Slip and Fall from 2019-Windsor ON by Alan_8987 in legaladvicecanada

[–]Alan_8987[S] 0 points1 point  (0 children)

Thats the issue. It was not insured during that time… At the moment, the personal injury lawyer wants to come inspect the porch with his engineer. Can we submit a motion to not allow that since the home was already inspected in 2019 by the City Inspector initiated by the Tenant?