My present job is in China, where I live for 9-10 months in a year. Before this, during one job in Canada; my employer had rented the car and asked me to drive for company work. He rented the car in his personal name and did not put my name as driver. He accompanied me in the car. The car met with an accident (due to mechanical breakdown- now difficult to prove that it was mechanical breakdown). In the absence of collision insurance the rental company asked the repair cost –around $ 10,000- from him, which he paid. His insurance company will not pay as he was not driving; and my insurance company is not paying as neither had I made the rental agreement nor I was included as driver in the rental agreement.
My ex-employer sued me in small claims court when I was in China. My son informed the court about my being in China. After that we just waited for any document from the court. The system of serving the court documents here is like this, ‘The concerned party serve the document in a court prescribed way (mail/ Fax/ Give by hand etc.) and give an affidavit how the document was served. We never received any document about hearing date, court orders etc. One (un)fine day I just received the Garnishment Notice- order of the court that he can take money from my bank account. I was taken utterly surprised. Sad and shaken, I informed the Court immediately. The other lawyer (a big firm) is now trying hard only for one thing- not let the judgment reversed and not let me get a chance. Now the real case seems to be fallen behind and I am struggling hard to prove why I did not receive the documents and why I did not respond.
I have already spent around 1,500 just to reach at the point where I get a chance to tell my side of story. Any chance….?

-Ben

I'm not a lawyer, but what pretext is he suing you under? If he is the employer and he is asking you to drive a car for work purposes, it is not your job to check the documentation on the car. Your assumption is that all the necessary paperwork has been taken care of. And that includes insurance.

I don't believe a company can sue its employee for recovering damages to a company vehicle (how it became a company vehicle is irrelevant).

Does he admit that he allowed you to drive the car? Or is he lying about this and saying that you drove the car without permission (which does not jive wit the fact that he was in the car with you at the time of the accident).

Lastly, did you get a lawyer yourself? If not, you better. If yes, what does your lawyer say?

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Are you there?

As soon as read the topic of this thread - I was sure the OP must be either TK or Ben - why?

Chandresh

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Chandresh

Advice is free – lessons I charge for!!

Mr. BL;

Thanks for your reply BL. My main problem is that I am living in China presently for my work. My ex employer did not mention in his claim about his being employer and the case proceeded when I am not in Canada to defend or the papers were not reaching me. The other party managed to get another hearing date, judgment and even the garnishment without these papers reaching me. I may put here again that in Small Claims Court process, party concerned serve the documents and gives affidavit to the effect of having done so.

During my break from China job, when in Canada, I managed to get a date to appear in the court. I went all prepared with the necessary documents with my lawyer and thought I will be heard. But it was a high profile 15-20 minute’s process. The two lawyer spoke and I was told that my reply (why I could not respond to the charges) was not in specified court way. The Honorable Court ordered me to pay $300 to the other party for their time. My lawyer took extra money for his additional efforts. There after I came back to China to join my work after paying fee and all documents to my lawyer to deal with the case in my absence. My lawyer tells that the other party will put all their efforts to have a ‘Status Quo’ of the earlier judgment made in default (my absence). The real issue that I was employee and all my other pleas are still waiting to be got heard. However the small claim courts suggest that one may handle the case him/herself and it is also encouraged. But the realty I faced is entirely different. With my experience I am scared even to write or call the court to state facts. My obvious fear is that if my pleas are not even allowed to be re-heard and the case just revolves around ‘Why the papers did not reach me/ why I did not responded? Kind of things; then the next steps are still more costly, may be about equal the amount in question ($ 11500 app).


-Ben

Yes Mr. Chandresh;
Even the very costly Canadian Exp. could not help me get a job in Canada.

-Ben

CD's,
This is ben's link regarding the incident : http://www.canadiandesi.ca/read.php?TID=15368
(He had posted it when it happened a long time ago).
Ben,
I sympathaise with you b'cos I was in the same boat. I once wrote a letter to the Ontario Association of Architects telling that I was an Architect since the Canadian Govt. gave me immigration to Canada based on the NOC classification of an Architect. Immediately the Association of Architects sued me fbysending a notice that incase i will be convicted, I will have to pay $50K . I had to look for another lawyer and then counter file an apology. I spent $500 for that. So what i am saying is that Canadian Govt. and their laws are so designed to promote the wealthy. It is mess that you have got yourself into and it will be very hard for you to come out of it. Any further steps that you take with a lawyer may cost you 5K to 10K min. before the case is through and there is no guarentee that you will win the case.
Do you own a house / have a lot of cash in your bank account in your name? Otherwise you may be safe if you file for bankruptcy.
Once again, I wish you all the very best and hope that you get justice without spending one more penny from your pocket.
TK A

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I am a Gents and not a Ladies.

Hi TK,

Without doubting your case, can you let me personally know the details of this incident? This would be an ideal case for my speech in Regina for which I have written in another thread, since it relates to professional bullying.

Chandresh

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Chandresh

Advice is free – lessons I charge for!!

I am a bit confused by this,

Can't you counter sue your boss..or the company..If what you say is true and can be backed, I don't see how he can win his case. I would like to know how did he allow you to drive the vehicle..when he knew that your name was not included and you drove it in good faith.

I can't believe the justice system is so bad...If I were you I will spend another 1000 dollar and will hire a good lawyer, and get an expert openion..once for all. Should you win the case I think all your cost will be reimbursed.