Judges are not biased. However, the fact remains that the plaintiff or a proper representative needs to be present in court. I've seen small court claims in action and they don't take kindly to family members or friends showing up and representing the plaintiff while the plaintiff is overseas. Family members/friends do not know the facts, are not parties to the claims, were not apart of the original employment agreement and do not know proper court procedures. Yes, he could start a claim on his own IF he was present. Unfortunately, he isn't.
There is a chance he could get all his costs awarded back to him IF he wins his case. However, he would first have to go through an entire trial ($$$). Trial would occur IF the defendant defends the action. If he doesn't defend the action, the plaintiff would get default judgment. Then you would have to enforce the court order. Enforcement is not easy especially when you are dealing with sneaky people.
His best bet is to report the individual directly to the sources I provided if he is overseas. He could hire someone to write a stern letter informing his former employer that he is going to report him to the authorities, but that doesn't guarantee that he will receive his money.
Judges are not biased. However, the fact remains that the plaintiff or a proper representative needs to be present in court. I've seen small court claims in action and they don't take kindly to family members or friends showing up and representing the plaintiff while the plaintiff is overseas. Family members/friends do not know the facts, are not parties to the claims and do not know proper court procedures. Yes, he could start a claim on his own IF he was present. Unfortunately, he isn't.
**If i take your statement to be true then this person has a valid reason not to be in the court because he is based overseas and coming to Canada is not an option considering the cost involved and the visa issues. so, the best option for him is:
***-tell the defendant that he has a dishonored check and that he will report it to the police so either pay up or get ready for an arrest.*
-and the second best option is going to the Small Claims Court.
LC, my first option was BBB when i considered going legal, but then i thought of doing some research on BBB and the rsult a got weren;t very positive. I might not have many chances of submiting my complaint to many places, and i don;t want to waste it. also on thier website they say, they don;t take any cases that have already been submitted with any gov organization.
Kindly guide of the ones you mentioned and the ones i am considering which ones are more reliable.
Yes, i have the check with the bank stamp saying " item dishonoured" and a letter from the bank of montreal saying " insufficient funds and also stating that i am charged CAD 60 settelement charges and CAD20 correspondence charges, a total of CAD80 i had to pay for nothing.
Unfortunately, i have no one Canada that i know or can take the case on my behalf
in Canada, no legal business operates in thin air...they are all subject to rules N regulations. If you have proofs of services provided, payments received and amounts owing, you may first contact **Ministry of Labour Standards and/or The Canadian Chamber of Commerce**** and complain to them.
If nothing works, you can go to *Small Claims Court* and file a case against them. you may ask some local person to do the job on your behalf. but again, you must have all the documentary evidence.
Good Luck!**
KKF, do i have to have someone on my behalf in order to submit my case with above two organizations, are they reliable?
$1,350 is not a lot of money to cry river for or to take all the hassle. Kiss it good bye, move on and oh yeah, report him as Mehnaz suggested.
**brother, for someone living in Pakistan who works hard to make an honest living, it's a huge sum which can NOT be just forgotten...Haraam kaa hotaa to YES bhool jaate. in Pakistani currency it comes to ek laakh 20 hazaaar ek sau pachaas rupiya [Rs. 120150] hotaa hai.
the most important thing is also the fact that this unscrupulous guy has been ripping honest people who work hard and provide him services. he must be brought to justice as well...it will be a good Samaritan work to bring him to justice. **
$1,350 is not a lot of money to cry river for or to take all the hassle. Kiss it good bye, move on and oh yeah, report him as Mehnaz suggested.
errr... I think it's a lot of money for someone who is working on a contract basis from Pakistan. I wouldn't let it go even if I were in Canada. The contractor should go after the company to get whatever is possible even if it is a fractional amount, and the company needs to be reported so that it doesn't become a repeat offender.
That being said, I do agree that the contractor should follow some best practices such as the use of project agreements and escrow funding to safeguard against such incidents in the future.
errr... I think it's a lot of money for someone who is working on a contract basis from Pakistan. I wouldn't let it go even if I were in Canada. The contractor should go after the company to get whatever is possible even if it is a fractional amount, and the company needs to be reported so that it doesn't become a repeat offender.
That being said, I do agree that the contractor should follow some best practices such as the use of project agreements and escrow funding to safeguard against such incidents in the future.
You are passing an opinion without considering the process and costs involved. Its easier said than done. The dude has no one in Canada to represent him and is not even Canadian citizen. Even if he hires someone or a paralegal firm (Forget an actual lawyer and litigation process), no one would take his case unless he pays upfront. Even if he pays upfront, he will not be guaranteed that the case would be won because the defending party will definitely sue him in return and I can go on and on....
Realistically speaking, there is really nothing he can do other than filing a complaint... I do have sympathy for Mr. Farisi but that is life. The sooner he writes it off as bad debt and moves on, the better.
In the end, I sincerely hopes that he learned his lesson not to end up being too vulnerable next time.
Thanks for all the opinions guys. I really appreciate.
@ Aliph Ahmad, It might not be an amount to you but for me it is my over three month's HARD earned money. Perhaps you have no idea how poeople survive here in pakistan and how hard it is to earn this amount.
One interesting thing is, he called me 2 days after i submitted this thread, now i don;t really know if he is an active member here :) but he did contact and tried to explain how he is going through bad times and is out of funds but since i have worked for him for years and never gave any delay or trouble, he still wants to pay my amount, and asked me to give him a little more time, he will pay my amount.
I don;t know if its another drama, but i am giving him some time just for the sake of humanity, thinking he may really be going through bad times. Rest, his karma will get him for his deeds. All i can do is to be nice on my part.
If you really need that money then You have no other option but to be nice to him and hope that one day he may return the amount you claim he owes you. However, in the meantime, I would suggest you to write it off in your head as bad debt and move on.
If you follow the complain route which would effectively mean closing all doors on any reimbursement but for the sake of saving others like you going through the same loss, then that would be very nice of you.
Choice is yours to make. All the best to you. Consider it as my last post in this thread.
