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A Master (Alberta) made a very clear decision where we won an application against us. Now the company who lost says that they are going to appeal the decision. Are lawyer is telling us that it will be just like a new application where new evidence can be submitted, but when I read the rules of appeal it makes me believe that it will not be like a new application. Can you give me your opinion? We are getting very frustrated.
Your lawyer is correct. An appeal from a decision of a Master, now called an applications Judge, can be like a new hearing. Both sides can introduce new evidence, usually new Affidavits, addressing whatever gap there might have been before. That said, the Justice who presides over the appeal will also consider the decision of the Applications Judge, and whether or not he or she agrees with it. I recommend you have a lawyer assist you. If the cost is an issue, many lawyers offer consults for a fee, or limited services.
Thank you. The problem that we are having is we are a two person company going up against a lot bigger company who know that they are in the wrong and they are trying to run us out of money. Is there any strategies that we can use to help with the costs? I am quite sure that I could represent my self in at least a limited way. How do I get limited service, that maybe is the way to do this. Would my existing lawyers help me in a limited way. How would I properly ask them, they never told me about it?
If you are a corporation, you are required to have a lawyer in King's Bench. I recommend you have a discussion with your lawyer about your budget for legal fees and what steps you can take to assist with the litigation. Not all lawyers offer limited services.
010 months ago
Brian Davies (Rickey View)
Good morning,
We have had many discussions about our budget, but they do not seem to care. We actually gave them a $10,000 limit. Once they go over $10,000 they suppose to get approval for any additional work. Then we got a $40,000 invoice. They actually said to me that getting prior approval for work is not workable. We always tell them that it is okay to respond to items that we are legally required to do, we just told them to be more strategic in their time allocation.
We are very up-set, is this how it should work?
Regards, Bria
010 months ago
Brian Davies (Rickey View)
We are actually on our third and forth lawyers at DLA. The first two moved on from DLA, and they were very good. These two new guys have absolutely no experience in oil and gas.
010 months ago
Brian Davies (Rickey View)
Do you have any recommendations for a new lawyer that we could use? We are also worried that moving to a new lawyer for the appeal may damage our case. We also worry that replacing our lawyers with a new lawyer may be more difficult then it looks.
010 months ago
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