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| Civil Litigation All matters concerning litigation, motions, subpoenas, testimony, appeals, general practice, etc. |
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#1 |
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Posts: n/a
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Vexatious Litigation
A couple of years ago I hit a former friend of mine after he clearly provoked me. I was charged and pled guilty to get this out of the way.
This man subsequentially filed a civil motion for damages worth $48K. I hit him 3 times in the face after he pushed me. The individual is extremely wealthy (worth about $20 million) and I feel that he is using the courts to exact his revenge on me. The individual claims he suffers anxiety and is fearful he will be attacked again. He's also visited doctors complaining of his shoulder, although all medical x-rays and reports come back normal I have not have any contact with him for over about 2 years. The individual continues to live life as he previously has, frequenting the same recreational facility that I use to (although I am no longer able to attend this facility). He's told people he wants to see me suffer financially. Thus far I've spent over $10K in legal fees and can not afford anymore...I will represent myself. QUESTION: Are there any legal precedents where the judge has ruled that the assault was so minor that no payments by the defence need be made, and in fact the plaintiffs motives were vexatious in nature in bringing this to court, as a result the plaintiff was required to pay for the defences legal fees? |
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#2 |
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Top Level Member
Last Online:
08-15-2008 10:11 PM Join Date: Feb 2007
Posts: 725
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Yes that happens every day.
The judge is going to examine whether these damages really are so severe as this person says... But it is based primarily on the facts of your situation--ie what you did and how bad it really was. |
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#3 |
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Thank you to whomever replied....I was just wondering if there were any legal precedents that I could refer to when addressing the judge, whereby the plaintiff was required to pay for the defences legal costs due to the abuse of process
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#4 |
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Top Level Member
Last Online:
08-15-2008 10:11 PM Join Date: Feb 2007
Posts: 725
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The judge knows that clearly--frivolous litigation carries penalties in every jurisdiction.
...but courts give every benefit of the doubt to plaintiff. |
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