So far, from all the little knowledge I gathered from watching Judge Judy, I am sure, if you can prove that your employer authorized you to drive his vehicle and was sitting right besides you, you should be good.
Dear CDs
Thanks so much for your input.
He has won the case once and managed to get Garnishment against me by hiding the key facts and taking advantage of system of serving the documents. Now his lawyer is all bent to keep the same judgment. I will certainly put all my points at the first available opportunity. I am worried if the case is just lost in legal battle of other issues.
Should I just send all my points to court or wait till I am asked to do so.
I have already spent around $ 1500 and may have to spend more. I am also told that next step could be ‘Settlement Conference’; where some money will be offered to the other party and to be paid by me. Just to get rid of the situation. Or else for the trial, I have to be present in Canada, a big expense for airfare and lost wages in China.
-Ben
Quote:
Originally posted by chandresh
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
Chandresh, TK seems to have got his facts wrong....... the title of Architect can only be used by someone who is a member of OAA in Ontario. This is the law .... it is same in US and also in India. If you complete a Bachelor's degree in Architecture in India, it does not entitle you to use the title of an architect. Same is the case in Onatrio.
Quote:
Originally posted by benparsad
Dear CDs
Thanks so much for your input.
He has won the case once and managed to get Garnishment against me by hiding the key facts and taking advantage of system of serving the documents. Now his lawyer is all bent to keep the same judgment. I will certainly put all my points at the first available opportunity. I am worried if the case is just lost in legal battle of other issues.
Should I just send all my points to court or wait till I am asked to do so.
I have already spent around $ 1500 and may have to spend more. I am also told that next step could be ‘Settlement Conference’; where some money will be offered to the other party and to be paid by me. Just to get rid of the situation. Or else for the trial, I have to be present in Canada, a big expense for airfare and lost wages in China.
-Ben
I am not a lawyer ...... but did your job duties include driving your boss..... how about a claim that you were forced to drive him around ....... he cant say no as he is the one who has booked the car in his name.
Quote:
Originally posted by benparsad
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.
Umm...may be easier said than done, but if your present lawyer is ineffective, you need to get a new one. What you need is good advice because it sounds like your ex-exmployer has mis-represented facts in a court of law.
In your place, I would definately counter-sue for a much bigger amount claiming harassment and/or defamation and/or financial losses etc. But yeah, you need to be here for that.
Maybe your ex-employer knows your hands are tied since you work in China. If you do need to stay in China and can't be here, forget about fighting it out. Think of the long term impact and settle.
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Are you there?
Posts: 5775
Location: God's own country
Posted on: 23-03-07 09:36:34
Location: God's own country
Posted on: 23-03-07 09:36:34
Quote:
Originally posted by puttoo
Chandresh, TK seems to have got his facts wrong....... the title of Architect can only be used by someone who is a member of OAA in Ontario. This is the law .... it is same in US and also in India. If you complete a Bachelor's degree in Architecture in India, it does not entitle you to use the title of an architect. Same is the case in Onatrio.
Putto,
You misread my statement.
Even graduates from U of T canot use the title of an Architect unless they are registered by the OAA.
My OP was that when i applied for Canadian Immigration, I was supposed to find my catagory and fill it in the application form. The NOC says that if you have a degree in Architecture, your profession is Architect. Then the immigration document asks you what profession do you intend to do upon arrival in Canada. I wrote " Architect". The application was approved and the visa officer told me ( in the interview) that i can find work in my profession in about 3 months time. So all this proved to me that i was an Architect.
Are doctors from outside Canada restricted from using the word Doctor in Canada. You are a doctor where ever you are in the world. Only thing is that you canot practice in Canada. Same goes for Engineer. You are a Engineer in Canada but canot be a Professional Engineer in Canada.
That is what i wrote to them but they filed a legal lawsuit against me. Every person in my profession (that i knew) were afraid to side in with me for the fear of offending the OAA.
In India, you are an Architect upon completing the degree (the college offering the course should have been recogonised by the COA) but then you register with the COA to be a registered Architect.
Why canot Canada use the term "Registered Architect" or "Professional Architect" to refer to Architects registered under the OAA. Why do they have to copy right a universal profession for which they have no right to do so.
Anyway, my recital of this incident, was only to warn immigrants to Canada to be very very careful while living here. Here people with lots of money can bully you and justice is got only if you have a lot of money at your disposal.
My present boss constantly threatens me that he will file a lawsuit if i makee any mistake in my drawing. This is b'cos he is rich and b'cos his lawyer is a very well known lawyer. He pays me slightly more than the minimum wage and he is likely to sue me for $25K to $50K if i make a mistake. I am still in this office b'cos i have to work to pay my bills as long as i am in Canada.
If i counter sue, I ahve to shell out lots of money on a lawyer and these bosses/ owners can still get away under the grab/ guise of being regulated by a professional body.
TK A
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I am a Gents and not a Ladies.
Quote:Again TK you are not clear about it ...... in India if you complete degree you cannot call your self an architect. You HAVE to be registered with COA to use the title of architect and there is nothing like a "registered architect" as per law. You are simply an architect. This is the norm in almost all the world including US, UK maybe excepting some Gulf countries. The title of Doctor is a universally excepted prefix ...... you will find it in most of the applications and other places also. But you never see an Arch or Eng used before a name ..... again a universally excepted nothing typical of Canada. I would not like to comment on your personal position .... but what will he sue you on ...... be aware of your rights as a worker. He is liable to get sued because he is liable as a member of a professional organisation. After all when he signs a document or releases a drawing it is his professional duty to make sure that they confirm to the norms and it is not your responsibility. The most he can do is fire you for derelection of duty.
Originally posted by tamilkuravan
In India, you are an Architect upon completing the degree (the college offering the course should have been recogonised by the COA) but then you register with the COA to be a registered Architect.
Why canot Canada use the term "Registered Architect" or "Professional Architect" to refer to Architects registered under the OAA. Why do they have to copy right a universal profession for which they have no right to do so.
Anyway, my recital of this incident, was only to warn immigrants to Canada to be very very careful while living here. Here people with lots of money can bully you and justice is got only if you have a lot of money at your disposal.
My present boss constantly threatens me that he will file a lawsuit if i makee any mistake in my drawing. This is b'cos he is rich and b'cos his lawyer is a very well known lawyer. He pays me slightly more than the minimum wage and he is likely to sue me for $25K to $50K if i make a mistake. I am still in this office b'cos i have to work to pay my bills as long as i am in Canada.
If i counter sue, I ahve to shell out lots of money on a lawyer and these bosses/ owners can still get away under the grab/ guise of being regulated by a professional body.
TK A
