faints
Wow, my sympathies, RickJay, that sounds like an almost unimaginable series of serial disasters that should never have happened!
IANAL but I must concur just on general principle with the other comments here that the law firm involved here has failed in its trust account responsibility. There is no way that “lost it” or “my dog ate it” should be acceptable even so much as to delay your receipt of funds, because when lawyers manage funds in trust say for real estate transactions with specific closing dates, that could cause the whole deal to fall through with big consequent liabilities. They must surely know this.
It sounds to me like you’ve reached settlements so the architect and contractor screw-ups are pretty much water under the bridge by now, but the lawyer “losing” the check is just nuts. The regulatory body for lawyers in Ontario is the Law Society of Upper Canada and they have a complaints process and a complaints form on their website. If it were me, I’d notify the law firm that I was filing a complaint with the LSUC and if that didn’t get action, I’d go ahead and do so.
For more general issues you might also consider media assistance from CBC GoPublic. They can be emailed at gopublic at the cbc_dot_ca domain or you can describe your issue on an online form on the CBC website.
Hopefully some of that may get you some assistance. I’d also make sure that the Better Business Bureau and any other agencies you might have dealt with know about these buffoons and their screw-ups. Normally you could also file complaints with the Ontario Ministry of Government and Consumer Services but it’s not clear what good that would do now.
So sorry to hear all this, and hope that might be of some help.
I don’t think that’s being vengeful, that’s just trying to get your money that someone wasn’t careful with. You pay your lawyer to have your best interests in mind. Don’t just let this slide.
This. Or seek the advice of a malpractice lawyer in your jurisdiction.
I don’t agree with all the advice about taking on the law firm. If these guys are really the best law firm in town, it’s not likely that they’ll fail to come up with it eventually. Your issue is that you need the money now, and these suggested sanctions will all take a lot of time. And enormous hassle.
If it starts to look like the law firm is not taking it seriously enough then you can start making noise about suing them or otherwise trying to sanction them. Perhaps it would speed them up a bit. But I wouldn’t do this upfront.
Just the threat of a bar complaint or malpractice action is likely to produce quick results.
I was thinking more Mike Ehrmantraut.
Filing a complaint for straight up mishandling of settlement funds is not really taking on the law firm, though. Losing a settlement check in the first place definitely qualifies as “not taking things seriously enough”. I say this as someone who works at a law firm and whose job involves appropriate handling of settlement funds. I can tell you with absolute certainty that at every firm I’ve worked for, in every jurisdiction in which I have worked (which, for the record, does not include the OP’s), misplacing a fucking settlement check would almost certainly result in SOMEONE being abruptly unemployed. With one exception, the only times I’ve ever even heard of a settlement check going missing were cases of it disappearing in transit. Once in a while, mail goes missing - happened to me once. The client instructed us to mail them the check - and you may be certain that we documented our handling until the moment we dropped it into the mail. This is the reason that we strongly encourage our clients to pick up their settlement checks in person. If I hand a check personally to our client, I know damn well it got there and what happens to it after that ain’t my problem.
The exception I mentioned was a law firm who actually did lose a settlement check - one I’d sent to them. They acknowledged receipt of the check and just lost the damn thing. Apparently, there was a brand new, fresh assistant who didn’t really know what she was doing and had been hired more for her decorative properties than her common sense. We arranged a reissuance (it was settlement pursuant to an insurance policy, so there was a delay) after some mild bitching and giving of shit to the office that lost it, but their clients most certainly did file a formal complaint. I know this because I was obliged to produce for the subsequent investigation my documentation of how I handled the damn check. I had to swear out a formal affidavit documenting the chain of custody - with evidence. There was a large fine assessed and a formal sanction. I dealt with that firm fairly often and talked about the whole mess several times with my counterparts over there - they weren’t mad at the client for complaining. They were pissed at the idiot who failed to properly handle settlement funds and slightly less pissed at the person who hired and then failed to appropriately train the idiot assistant’s stupid ass. Everyone agreed the client had every freaking right to file a complaint.
The goddamn check eventually turned up, by the way - they found it several months later in the wrong fucking file, filed under correspondence. Too late to do anyone any good - the fine had been assessed by then and a replacement check issued and delivered. By hand. With some ceremony.
Well, they did come up with the “it must have been lost in the mail” excuse yesterday, as it turns out. Not registered mail, just regular post, allegedly. (Despite our having told them previously we’d pick up the checks.)
Saying “Uhhh, we put it in the mail, but not any traceable kind of mail, so… they must’ve lost it” is materially identical to just losing it all on your own.
They claim they will have a new check tomorrow. I am not holding my breath.
Our law here requires all construction contractors to carry a Performance Bond. This is basically an insurance policy that covers any claims against the contractor for workmanship. For example, if the plumber connected your toilet to the hot water pipe, and refused to fix it, then the Bonding agency will come out, verify, and write you a check for the repairs needed.
I would be shocked if any large-ish city wouldn’t have these laws in place, and apparently yours doesn’t … or perhaps your lawyers are a bunch of idiots … “the check’s in the mail” … uh huh.
Smear campaign, I like it … follow these dorkus contractors around and talk to any and all customers they visit … drive them all into bankruptcy … there’s too many honest and good contractors out there. They would be happy to help your campaign. Take the time and write a complete list of all the problems and who’s at fault, make copies, post everyplace.
The life you save might be a strangers …
ETA: Make sure these are real problems … “thus missing that it had not been waterproofed” … if this just refers to the structural foundation, then it won’t be waterproof … it’s concrete, waterproofing is counter-intuitive.
As long as you don’t have skeletons in your closet, start taking your problem public, social and electronic media, email carpetbombs to responsible/enforcing parties.
What’s the name of some of these businesses that sucked and should be avoided, RickJay? Post them here so people who Google the names are awake.
I am legally prevented from doing so.
[QUOTE=watchwolf49]
if this just refers to the structural foundation, then it won’t be waterproof … it’s concrete, waterproofing is counter-intuitive.
[/QUOTE]
In this jurisdiction new concrete foundations must have waterproofing. It’s the code, full stop.
Legally prevented how?
Regards,
Shodan
The terms of the settlement agreement with the first contractor prevent me from saying who they are.
Okay, thanks. How about the architects and the other independent contractors?
Obviously you don’t have to name names if you don’t care to. Is there a Canadian equivalent of the Better Business Bureau?
Regards,
Shodan
Citation? I’m clear about basement walls being waterproof, but those are basement walls that also serve as the structural foundation. I’m referencing structural foundation that’s just foundation, not anything else. The example is a simple post-and-beam floor framing system.
Basements here are rare, with such a high water table these tend to start floating … and that’s a bad thing.
Since the Dawn of Time (1827), it has been somewhat socially acceptable for people to move from Oakville to Burlington, but it has never been socially acceptable for people to move from Burlington to Oakville.
RickJay, your run of bad luck is not luck at all. It is a manifestation of the social fabric of Oakville and its I.O.D.E. deliberately trying to keep you out.
This is Canada. Essentially all houses have basements.
Right, I sometimes forget there’s more to Canada than just Vancouver …