Entrepreneurship & Small Business

Guy fell on neighbors property and is sueing me

  • Last Updated:
  • May 26th, 2018 2:00 pm
Penalty Box
Apr 26, 2017
160 posts
21 upvotes
choclover wrote:
Dec 7th, 2017 10:29 am
We'll see. It seems that the more time that passes, the less likely it is that OP will get sued. Lawyers are expensive and there is no guarantee the fall guy is going to win. So it is a matter of putting his money where his mouth is. He could also sue in small claims court but this isn't any trip to Disneyland either.
lmao! bro who are you? who are you to give out legal opinion or advice? he will 100% get sued just wait for it
[OP]
Newbie
Mar 5, 2017
20 posts
24 upvotes
Op here, don't jinx me bro. It's been about 9 months since it happened and about 5 months since I heard from the last lawyer ( actually just the lawyer's assistant). He did seem to understand when I explained it to him that his client fell on the neighbors property. I think that lawyer has gone away.
Just FYI, the guy got up after he fell and walked into the store with no apparent injury. (I watched it on my recording from the security camera). Yes I will concede that an injury may not be immediately apparent, but let's just say he wasn't a frail old man who fell. He was a tradesman
Deal Addict
Oct 7, 2007
3541 posts
916 upvotes
anvil01 wrote:
Dec 10th, 2017 5:59 pm
lmao! bro who are you? who are you to give out legal opinion or advice? he will 100% get sued just wait for it
Just speaking from experience. Most people that have had to deal with litigation or know lawyers who do will most likely agree with what I have said. Anyone can sue anybody for anything but that doesn't mean the suit will stick or that it won't cost the person making the suit money upfront with any type of guarantee of cost recovery.
Penalty Box
Apr 26, 2017
160 posts
21 upvotes
heynow9991 wrote:
Dec 11th, 2017 11:06 am
Op here, don't jinx me bro. It's been about 9 months since it happened and about 5 months since I heard from the last lawyer ( actually just the lawyer's assistant). He did seem to understand when I explained it to him that his client fell on the neighbors property. I think that lawyer has gone away.
Just FYI, the guy got up after he fell and walked into the store with no apparent injury. (I watched it on my recording from the security camera). Yes I will concede that an injury may not be immediately apparent, but let's just say he wasn't a frail old man who fell. He was a tradesman
ok so you're saying he fell and got up and went into a store? so that means he wasn't injured right? when i was in a car accident when i was a kid, i walked out of the car and played hop scotch right there on the road for 2 hours and danced like a fairy with my ballet shoes and tutu in front of the cops in and underwear, no injuries. the next morning when i woke up i couldn't move my back or head.

injuries sometimes dont appear right away. he can claim his injuries appeared 600 days after. is it suspicious? of course. but thats not he point. our legal system allows lawsuits up to 2 years after. whats gonna happen here, is that, the lawyer to ensure you can't counter sue them, they are gonna serve you with the lawsuit on the very last day of the limitation. which is 2 years. happens all the time. that way you wont be able to counter sue.

also @ choclover no one said ppl cant sue someone for anything. thats besides the point. the topic here isnt' that. i can sue the supreme court judges for not clipping my toe nails if i want!
Deal Addict
Oct 7, 2007
3541 posts
916 upvotes
anvil01 wrote:
Dec 12th, 2017 2:21 pm
ok so you're saying he fell and got up and went into a store? so that means he wasn't injured right? when i was in a car accident when i was a kid, i walked out of the car and played hop scotch right there on the road for 2 hours and danced like a fairy with my ballet shoes and tutu in front of the cops in and underwear, no injuries. the next morning when i woke up i couldn't move my back or head.

injuries sometimes dont appear right away. he can claim his injuries appeared 600 days after. is it suspicious? of course. but thats not he point. our legal system allows lawsuits up to 2 years after. whats gonna happen here, is that, the lawyer to ensure you can't counter sue them, they are gonna serve you with the lawsuit on the very last day of the limitation. which is 2 years. happens all the time. that way you wont be able to counter sue.

also @ choclover no one said ppl cant sue someone for anything. thats besides the point. the topic here isnt' that. i can sue the supreme court judges for not clipping my toe nails if i want!
My understanding of the statute of limitations is that the 2 years starts from when the person doing the suing discovers the wrongdoing or incident that led to the damages. I'm sure that a sly lawyer can manipulate this if they want to so while the person can sue on the very last day of the two years, I am sure the counterparty can claim that they didn't know something and start the two years from the day they were being sued. My experience with the legal system personally (and from watching U.S. politics) is that it isn't about what really happened but about what lawyers want to argue about. Justice does not equal fairness. Sadly. That's why I don't really like dealing with our courts. If you live on the straight and narrow and act honestly, you will live with a clean conscience but may get really aggravated dealing with people that are less ethical than yourself. I continue to live on the straight and narrow but prefer to limit my dealings with unsavoury characters.
Jr. Member
Feb 22, 2007
185 posts
122 upvotes
New Westminster
anvil01 wrote:
Dec 12th, 2017 2:21 pm
our legal system allows lawsuits up to 2 years after. whats gonna happen here, is that, the lawyer to ensure you can't counter sue them, they are gonna serve you with the lawsuit on the very last day of the limitation. which is 2 years. happens all the time. that way you wont be able to counter sue.
choclover wrote:
Dec 13th, 2017 9:42 pm
My understanding of the statute of limitations is that the 2 years starts from when the person doing the suing discovers the wrongdoing or incident that led to the damages. I'm sure that a sly lawyer can manipulate this if they want to so while the person can sue on the very last day of the two years, I am sure the counterparty can claim that they didn't know something and start the two years from the day they were being sued. My experience with the legal system personally (and from watching U.S. politics) is that it isn't about what really happened but about what lawyers want to argue about. Justice does not equal fairness. Sadly. That's why I don't really like dealing with our courts. If you live on the straight and narrow and act honestly, you will live with a clean conscience but may get really aggravated dealing with people that are less ethical than yourself. I continue to live on the straight and narrow but prefer to limit my dealings with unsavoury characters.
This is not how the litigation system works at all. Court actions aren't like fencing, where you sue someone, only to have someone be like "ha! well i'm going to sue you back! that'll teach you!" It's also not designed so that a "sly" or shady lawyer can manipulate the rules to prevent a defendant from disputing the claim. No, just no. Once someone is served, they will have a defined amount of time to respond which starts when they were served. The limitation period for filing or service has nothing to do with that. Your "experience with the legal system personally (and from watching U.S. politics)" has left you with a completely skewed and ill-informed view of how the system works.
Deal Addict
User avatar
Aug 1, 2005
1803 posts
107 upvotes
anvil01 wrote:
Dec 12th, 2017 2:21 pm
..... whats gonna happen here, is that, the lawyer to ensure you can't counter sue them, they are gonna serve you with the lawsuit on the very last day of the limitation. which is 2 years. happens all the time. that way you wont be able to counter sue.
^^^ not true.

Once you receive the claim (if you receive a claim), you have a set amount of time to file your Statement of Defence. At that time you can file a counterclaim.
I am no lawyer, but I ran this by a Law Clerk friend of mine who works in Personal Injury.

Also. The fact that the injured person changed lawyers early on tells me the first one probably saw the liability issues and "fired" his client. I really wouldn't be surprised if two years comes and goes with no claim filed.

I would, however, not let that recording get damaged.
Penalty Box
Apr 26, 2017
160 posts
21 upvotes
mcewen wrote:
Dec 21st, 2017 1:16 pm
^^^ not true.

Once you receive the claim (if you receive a claim), you have a set amount of time to file your Statement of Defence. At that time you can file a counterclaim.
I am no lawyer, but I ran this by a Law Clerk friend of mine who works in Personal Injury.

Also. The fact that the injured person changed lawyers early on tells me the first one probably saw the liability issues and "fired" his client. I really wouldn't be surprised if two years comes and goes with no claim filed.

I would, however, not let that recording get damaged.
"a law clerk friend"? so what does that mean? can one of the lawyers here confirm i'm correct for this kid

you have a certain time to file a defence that doesn't mean you can file a "counter claim" as you put it, and its not even called a counter claim lmfao this isn't the states buddy. its called a "defendant's claim" for this case

everyone on rfd is a lawyer i gather
[OP]
Newbie
Mar 5, 2017
20 posts
24 upvotes
OP here again.

I may as well try and get some more free advice while people are still reading this. Hopefully there are some lawyers still following.

Would it be possible for me to do a "defendants claim" or whatever it is called here in Canada. Now I dont just mean file a defense to the claim, but bring a countersuit against the person making the claim. Im thinking malicious prosecution. I know this is usually brought against the police or the Crown, but in this case, if he gets a third lawyer to come after me, I think I could convince a judge it is malicious prosecution. Here is a case where a private individual sued another individual for malicious prosecution.

http://www.canadianlawyermag.com/legalf ... case-5833/
Penalty Box
User avatar
Jul 17, 2008
8200 posts
1666 upvotes
heynow9991 wrote:
Dec 21st, 2017 10:44 pm
OP here again.

I may as well try and get some more free advice while people are still reading this. Hopefully there are some lawyers still following.

Would it be possible for me to do a "defendants claim" or whatever it is called here in Canada. Now I dont just mean file a defense to the claim, but bring a countersuit against the person making the claim. Im thinking malicious prosecution. I know this is usually brought against the police or the Crown, but in this case, if he gets a third lawyer to come after me, I think I could convince a judge it is malicious prosecution. Here is a case where a private individual sued another individual for malicious prosecution.

http://www.canadianlawyermag.com/legalf ... case-5833/
You got served in the end?
[OP]
Newbie
Mar 5, 2017
20 posts
24 upvotes
No, no, no.
I did not get served. I just thought I would ask more questions as they came up since this thread keeps going.
Deal Addict
User avatar
Aug 1, 2005
1803 posts
107 upvotes
heynow9991 wrote:
Dec 21st, 2017 10:44 pm
OP here again.

I may as well try and get some more free advice while people are still reading this. Hopefully there are some lawyers still following.

Would it be possible for me to do a "defendants claim" or whatever it is called here in Canada. Now I dont just mean file a defense to the claim, but bring a countersuit against the person making the claim. Im thinking malicious prosecution. I know this is usually brought against the police or the Crown, but in this case, if he gets a third lawyer to come after me, I think I could convince a judge it is malicious prosecution. Here is a case where a private individual sued another individual for malicious prosecution.

http://www.canadianlawyermag.com/legalf ... case-5833/
You have mentioned fraud a number of times. Now you say malicious prosecution. If you haven't been served, then you haven't had discovery and the facts of the case have not come out. Even though you told the person from the lawyers office that the fall did not happen on your property, those words mean nothing until it is said at discovery.
Deal Addict
User avatar
Aug 1, 2005
1803 posts
107 upvotes
anvil01 wrote:
Dec 21st, 2017 10:04 pm
"a law clerk friend"? so what does that mean? can one of the lawyers here confirm i'm correct for this kid

you have a certain time to file a defence that doesn't mean you can file a "counter claim" as you put it, and its not even called a counter claim lmfao this isn't the states buddy. its called a "defendant's claim" for this case

everyone on rfd is a lawyer i gather
By "law clerk friend" I mean a friend, who is a law clerk. Thought it was pretty self explanatory. In fact... I work with two (2) people who worked in a large reputable personal injury law firm. They both laughed when they read your post.

The Defendants Claim that you speak of is what a person being sued (defendant) in Small Claims Court files.
If a claim is filed in regular court, the defendant files a Statement of Defence, and call also file a counterclaim against the plaintiff.

No. I am not a lawyer. I do, however, deal with personal injury lawyers every day.

Your post about a plaintiff filing the claim near the end of the limitation period to avoid being countersued is just hilarious. The plaintiff has two years from the date of loss to file a claim, assuming they are not a minor. To say the defendant gets no time at all just displays how little you know about this.

A little knowledge is dangerous.

Merry Christmas.
Penalty Box
Apr 26, 2017
160 posts
21 upvotes
mcewen wrote:
Dec 22nd, 2017 8:36 am
By "law clerk friend" I mean a friend, who is a law clerk. Thought it was pretty self explanatory. In fact... I work with two (2) people who worked in a large reputable personal injury law firm. They both laughed when they read your post.

The Defendants Claim that you speak of is what a person being sued (defendant) in Small Claims Court files.
If a claim is filed in regular court, the defendant files a Statement of Defence, and call also file a counterclaim against the plaintiff.

No. I am not a lawyer. I do, however, deal with personal injury lawyers every day.

Your post about a plaintiff filing the claim near the end of the limitation period to avoid being countersued is just hilarious. The plaintiff has two years from the date of loss to file a claim, assuming they are not a minor. To say the defendant gets no time at all just displays how little you know about this.

A little knowledge is dangerous.

Merry Christmas.
whats "regular court"? i've never heard of something called "regular court", are you referring to superior court (spelt without the 'u' even here in canada) ? when were we talking about superior court here? if this guy sues you its most likely gonna be in scc

and whty are u claiming ud ont need to file a defence in scc if you're planning to do a defendants claim? you still need to file a def
your "law clerk " friends can laugh all they want at my post cus im laughing right back at yours bud

when did i say a plaintiff doesnt have 2 years to file a claim? i said that i've seen ppl sue on the very last day of the 2 year limitation so that the other party cant counter sue. of couse the defendant has ___X ammount of time to file a defense. no where in the rules does it state he has time to file a def claim

go ask any lawyer if this is true. stop posting stuff that isn't true here you are confusing ppl kid
Deal Addict
User avatar
Aug 1, 2005
1803 posts
107 upvotes
anvil01 wrote:
Dec 22nd, 2017 9:09 pm
whats "regular court"? i've never heard of something called "regular court", are you referring to superior court (spelt without the 'u' even here in canada) ? when were we talking about superior court here? if this guy sues you its most likely gonna be in scc

and whty are u claiming ud ont need to file a defence in scc if you're planning to do a defendants claim? you still need to file a def
your "law clerk " friends can laugh all they want at my post cus im laughing right back at yours bud

when did i say a plaintiff doesnt have 2 years to file a claim? i said that i've seen ppl sue on the very last day of the 2 year limitation so that the other party cant counter sue. of couse the defendant has ___X ammount of time to file a defense. no where in the rules does it state he has time to file a def claim

go ask any lawyer if this is true. stop posting stuff that isn't true here you are confusing ppl kid
First if all, most claims that are filed are definitely NOT filed in small claims court. The maximum allowable SCC claim is 25k. Personal injury lawyers wouldn't make enough to survive if their business is all through SCC,

Secondly, there are rules which govern how long the defendant has to file a counterclaim (or, as you say, counter sue).

Pursuant to the Rules of Civil Procedure:
Section 27.01 (1) a Defendant may assert, by way of a counterclaim in the main action, any right or claim against the plaintiff including a claim for contribution or indemnity under the Negligence Act in respect of another party’s claim against the defendant.
S 27.02 A counterclaim shall be included in the same document as the statement of defence and the document shall be entitled a statement of defence and counterclaim.

27.04 (1) Where a counterclaim is only against the plaintiff, or only against the plaintiff and another person who is already a party to the main action, the statement of defence and counterclaim shall be delivered within the time prescribed by rule 18.01 for the delivery of the statement of defence in the main action, or at any time before the defendant is noted in default.

18.01 - Except as provided in rule 18.02 or subrule 19.01 (5) or 27.04 (2), a statement if defence shall be delivered:
a) within twenty days after service of the statement of claim,
b) within forty days after service of the statement of claim, where the defendant is serviced elsewhere in Canada or in the USA, or
c) within sixty days after service of the statement of claim, where the defendant is served anywhere else.

18.02 (1) Notice of Intent to Defend. A defendant who is served with a statement of claim and intends to defend the action may deliver a notice of intent to defend within the time prescribed for delivery of a statement of defence.

18.02 (2) A defendant who delivers a notice of intent to defend within the prescribed time is entitled to ten days, in addition to the time prescribed by rule 18.01, within which to deliver a statement of defence.

19.01 (5) - A defendant may deliver a statement of defence at any time before being noted in default under this rule.

Oh.. and here is the biggie....( writing it a second time.. in hopes it will sink in this time.....)
27.04 (1) Where a counterclaim is only against the plaintiff, or only against the plaintiff and another person who is already a party to the main action, the statement of defence and counterclaim shall be delivered within the time prescribed by rule 18.01 for the delivery of the statement of defence in the main action, or at any time before the defendant is noted in default.

Thank you. Now please stop posting stuff on here that isn't true. You are the one confusing people. Kid.

Merry Christmas.

Top

Thread Information

There is currently 1 user viewing this thread. (0 members and 1 guest)