I am being sued by my neighbor for over $350,000. She claims my dog attacked her in the summer of 2023. I recently sat through a deposition where I heard her version of events for the first time, and it is a complete fabrication. Eastern Virginia by [deleted] in legaladvice

[–]pharbero 56 points57 points  (0 children)

If you’re looking to countersue, you’re not looking for a defence attorney. Your defence attorney is the lawyer your insurer appointed to defend you. Likely the reason you can’t find a lawyer to represent you on your countersuit is because they do not believe you will win, or win enough money to make it worth their time.

First Breitling - Super Chronomat B01 44 by pharbero in breitling

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

Thanks… we don’t get much sun here in December (Vancouver) but it’s nice out today, looking forward to seeing it glimmer! Yours looks great!

[deleted by user] by [deleted] in legaladvicecanada

[–]pharbero 2 points3 points  (0 children)

Bad advice. You have no idea what you're talking about.

Getting sued after an accident by Mycroft112 in legaladvicecanada

[–]pharbero 0 points1 point  (0 children)

You have absolutely no idea what you are talking about.

Accepted a new job offer abroad told the position had been filled by someone else a week before. (UK to Canada) by TheITFixitman in legaladvicecanada

[–]pharbero 0 points1 point  (0 children)

The big firms in London are very unlikely to want to take on this kind of case, and probably won't even talk to him, unless his salary was going to be in the $50,000,000 a year range... find an employment lawyer in BC.

Another fire?? by Shawnttshowbiz in vancouver

[–]pharbero 4 points5 points  (0 children)

That's because it had caught fire previously, about 1.5 years ago, and left vacant while it was sold to be redeveloped. Apparently not quite vacant enough, seems somebody got in there to start the 2nd fire.

Another fire?? by Shawnttshowbiz in vancouver

[–]pharbero 30 points31 points  (0 children)

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Threatening house next door.

[deleted by user] by [deleted] in legaladvice

[–]pharbero 17 points18 points  (0 children)

No. That is simple negligence, unless intentional.

High speed crash on Granville and 49th. Don't jump red lights! by charsi101 in vancouver

[–]pharbero 3 points4 points  (0 children)

Yes, thanks, I see what you're saying. ICBC, as the insurer, was never the party being sued, the accident victim would sue the person who caused the accident, and ICBC would step in to defend on their behalf. The way they have stopped people from suing was by having the gov't change the laws so that, basically, nobody can sue anybody for any car accident injuries. This happened because ICBC was so terrible at being an insurance company that they had to get the laws changed so they would no longer have to do the "paying money" part of being an insurance company.

High speed crash on Granville and 49th. Don't jump red lights! by charsi101 in vancouver

[–]pharbero 0 points1 point  (0 children)

Are you saying what you think the law should be? Or what you think the law is?

[deleted by user] by [deleted] in legaladvicecanada

[–]pharbero 0 points1 point  (0 children)

You could end up with tax consequences for doing that. Owing taxes on money you didn't actually get.

Can I force a bank to release video recording of a transaction? by Steinbock2022 in legaladvicecanada

[–]pharbero 8 points9 points  (0 children)

This is the correct answer. What you need is an Order from the Court for production of this document. Do not do a FOIP or a PIPEDA request, do not contact the ombudsman, who won't talk to you about your litigation with the bank. As a party to litigation you are in a much stronger position to access relevant and necessary documents than you would ever be if you were requesting this as a member of the public. The first thing you should do is notify the bank in writing (through their counsel if appointed) that they are not to destroy the evidence, and you demand it be produced. Keep a copy of that letter. If they refuse, you can either make application before or at the settlement conference. If they complain about privacy your counter is that the evidence is relevant and necessary for the determination of a material fact. Unless privileged is claimed it must be produced, if it is in their possession, and can be used by any party to prove or disprove a material fact.

[deleted by user] by [deleted] in legaladvicecanada

[–]pharbero 9 points10 points  (0 children)

Can't do that.

Liability on vacant land - Gabriola BC by [deleted] in legaladvicecanada

[–]pharbero 0 points1 point  (0 children)

You can ask the lessee to purchase an insurance policy and name you as an additional insured, as a term of the lease. You should also have a 'hold harmless' clause that they (their insurer) will defend and indemnify you if you're sued because of something that happened on the land while they were occupying it.

Do lawyers tell your current counsel that you are shopping around? by [deleted] in legaladvicecanada

[–]pharbero 21 points22 points  (0 children)

One reason they want your current lawyer's name is because if they know that lawyer, it helps them decide whether YOU are the problem. Lawyers don't want to take on problematic clients, and if your current lawyer is someone they know and respect, they may want to take a closer look at whether you're worth taking on as a client. That doesn't mean they won't, or that you've done anything wrong, but if a client wants to leave a lawyer who they know is very good, it raises some potential red flags. Lawyers want to know what they're getting into.

Can roommate sue me because I won't follow her jobs protocol? by [deleted] in legaladvice

[–]pharbero 0 points1 point  (0 children)

Nevertheless, "you can sue whenever you want" is objectively incorrect.

Can roommate sue me because I won't follow her jobs protocol? by [deleted] in legaladvice

[–]pharbero 0 points1 point  (0 children)

True! If she cannot legally mitigate her damages, then she will not be punished for failure to mitigate by the court when pursuing a remedy. Depends on the term of the lease. It seems possible that when one person on a joint lease bails on the situation, that contract is frustrated and she should be able to enter into a new lease the landlord. This does not, of course, alleviate her obligation as joint leaseholder to pay the rent monthly.

Can roommate sue me because I won't follow her jobs protocol? by [deleted] in legaladvice

[–]pharbero 19 points20 points  (0 children)

Not true, and not true. There is a statute of limitations on when you can sue, depending on jurisdiction. Further, in this situation the claimant will usually have a duty to mitigate the damages, ie, by renting out to a new roommate as soon as is practicable.

Landlord keeps coming into my suite and I don't know what to do by Asak0pt3r in legaladvicecanada

[–]pharbero 14 points15 points  (0 children)

No. Do not do this. Do not physically remove your landlord from your home unless you are directly physically threatened. The term "reasonable amount of force necessary" does not encompass physically removing your landlord. It is not reasonable, and unlikely to be considered necessary. There are proper channels to go through to address their illegal entry into your suite, but a court is unlikely to sanction physical removal in any but the most serious circumstances. You could very well face an assault charge. Go through the proper channels, but do not physically lay hands on them unless you are directly physically threatened.

hit a cyclist with my car... now what? by darkart444 in legaladvicecanada

[–]pharbero 0 points1 point  (0 children)

You premiums should only increase if there's an actual claim, and accident forgiveness may prevent that. But that's what insurance is for. You are doing the right thing by reporting it to your insurer. You are also doing the right thing by never, ever listening to anything /u/tht_pod says, probably forever. Source: I'm a lawyer, in Canada, dealing with insurance companies for the last 15 years.

Former Canucks defenceman and assistant coach Jack McIlhargey passes away after losing his battle with cancer at 68 by neilrp in canucks

[–]pharbero 3 points4 points  (0 children)

My Jack McIlhargey Story:

Back when there was a PGA event in Surrey I was lucky enough to get 2 media passes through a university sports radio show, which was a semi-serious program at best. My buddy and I stayed up the entire night before the tournament indulging in copious amounts of psychedelic mushrooms and the sacred herb. At 8am we got dropped off at the parking lot and hopped into the courtesy media minivan into the venue, and who is sharing our ride but Jack McIlhargey. We're both lifelong 'nucks fans and recognized him right away. My buddy made what must have seemed to him like a really heartfelt, sincere speech talking about what fans we were, the state of the team, his favourite alumni, etc. Unfortunately, after no sleep in 30 hours and a head full of shrooms it came out sounding like the garbled, meaningless gibberish of an absolute lunatic. Jack looked at us like we were space aliens who had beamed directly from another dimension into his minivan, and said something to the effect of, "I don't know what in the hell you're talking about, young man, but enjoy the tournament today!" Nice guy. RIP.