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Improper Settlement Procedure Challenge
Summary
If a settlement does not adhere to court orders and you were not informed, you may have grounds to challenge the process. Consider seeking legal advice to review your case specifics. You can file a motion in the Alberta court to address the improper settlement procedure. The motion should include a declaration that the settlement did not comply with the courts order, an order to set aside the consent judgment, and a request to proceed with the summary judgment as originally planned. For detailed guidance, consult a local lawyer in Alberta.Full Conversation
I am involved in a claim that is ongoing.My claim was consolidated with another claim against the same defendant.Both claims were ordered to be heard together at the same time in one special hearing as summary judgements .As the trial date approached settlement negotiations began.On the eve of the trial date the claims were settled.Unknown to myself and to the Alberta court that had ordered both claims be heard as summary judgements.My claim was settled as a consent judgement the other claim I was consolodated with was settled as a summary judgement as ordered by the Alberta courts.The day after settlement both council for the defence and plaintiffs sent a request to the court sking for an adjournment stating that both matters had been settled in their entirety and they were expecting to file discotinuances of actions respectvly for both in due coarse.They never informed the court that mine had been settled not as ordered but as a consent judgement.they continued negotiations as a consent judgement but never informed the court.Eventually the the defendant that went bankrupt and the parties adjourned the claim as a summary judgement.The claim was already adjourned as such.Thhe parties did this all without my or the courts knowledge is this acceptable or do I have ligitamte recourse
Hi Rick,
Thank you for sharing the details. To provide accurate information, could you please confirm if your claim was originally filed in British Columbia and if any actions have been taken since the settlement?
Thank you for sharing the details. To provide accurate information, could you please confirm if your claim was originally filed in British Columbia and if any actions have been taken since the settlement?
It was filed in Alberta and no it is just sitting there
Hi Rick,
Thank you for the detailed information. Generally, if the settlement did not follow the court's order and you were not informed, you may have grounds to challenge the process. Here are some steps you can consider:
- **Seek Legal Advice:** Consult a lawyer to review the specifics of your case.
- **File a Motion:** Consider filing a motion in the Alberta court to address the improper settlement procedure.
Would you like more information on how to proceed with filing a motion?
Thank you for the detailed information. Generally, if the settlement did not follow the court's order and you were not informed, you may have grounds to challenge the process. Here are some steps you can consider:
- **Seek Legal Advice:** Consult a lawyer to review the specifics of your case.
- **File a Motion:** Consider filing a motion in the Alberta court to address the improper settlement procedure.
Would you like more information on how to proceed with filing a motion?
yes
Sure, Rick. Here are some general steps to file a motion in Alberta:
- **Draft the Motion:** Outline your request and the reasons for it.
- **File the Motion:** Submit it to the court where your original claim was filed.
- **Serve the Motion:** Deliver it to all parties involved.
- **Attend the Hearing:** Present your case to the judge.
For specific guidance, consider contacting a local lawyer in Alberta who can assist you further.
- **Draft the Motion:** Outline your request and the reasons for it.
- **File the Motion:** Submit it to the court where your original claim was filed.
- **Serve the Motion:** Deliver it to all parties involved.
- **Attend the Hearing:** Present your case to the judge.
For specific guidance, consider contacting a local lawyer in Alberta who can assist you further.
Can you asist me in drafting a motion
Hi Rick,
I'll provide you with a basic structure for drafting your motion to address the improper settlement procedure. Here's a general outline you can follow:
I'll provide you with a basic structure for drafting your motion to address the improper settlement procedure. Here's a general outline you can follow:
Motion to Address Improper Settlement Procedure
*. **Heading:**
- Court Name: Alberta Court of Queen's Bench
- File Number: [Insert your file number]
- Title of Proceedings: [Your Name] v. [Defendant’s Name]
*. **Notice of Motion:**
- "TAKE NOTICE that an application will be made by the Plaintiff, [Your Name], before this Honourable Court at [Court Location] on [Date], or as soon thereafter as the application can be heard, for an Order that:"
*. **Relief Sought:**
- A declaration that the settlement procedure did not comply with the court's order.
- An order to set aside the consent judgment.
- An order to proceed with the summary judgment as originally planned.
- Any other relief the court deems appropriate.
*. **Grounds for the Motion:**
- The settlement was not conducted according to the court’s order.
- Lack of notice to you and the court regarding the consent judgment.
- The defendant’s bankruptcy impacting the settlement procedure.
*. **Heading:**
- Court Name: Alberta Court of Queen's Bench
- File Number: [Insert your file number]
- Title of Proceedings: [Your Name] v. [Defendant’s Name]
*. **Notice of Motion:**
- "TAKE NOTICE that an application will be made by the Plaintiff, [Your Name], before this Honourable Court at [Court Location] on [Date], or as soon thereafter as the application can be heard, for an Order that:"
*. **Relief Sought:**
- A declaration that the settlement procedure did not comply with the court's order.
- An order to set aside the consent judgment.
- An order to proceed with the summary judgment as originally planned.
- Any other relief the court deems appropriate.
*. **Grounds for the Motion:**
- The settlement was not conducted according to the court’s order.
- Lack of notice to you and the court regarding the consent judgment.
- The defendant’s bankruptcy impacting the settlement procedure.
What woul that document state factually I need help filing it with correct legal statements and terms appropriate for the court
Hi Rick,
To help you draft a motion to address the improper settlement procedure, here is a more detailed template with factual statements and legal terminology appropriate for the Alberta Court of Queen's Bench:
---
**Motion to Address Improper Settlement Procedure**
*. **Heading:**
- **Court Name:** Alberta Court of Queen's Bench
- **File Number:** [Insert your file number]
- **Title of Proceedings:** Rick [Last Name] v. [Defendant’s Name]
*. **Notice of Motion:**
- "TAKE NOTICE that an application will be made by the Plaintiff, Rick [Last Name], before this Honourable Court at [Court Location] on [Date], or as soon thereafter as the application can be heard, for an Order that:"
*. **Relief Sought:**
- A declaration that the settlement procedure did not comply with the court's order.
- An order to set aside the consent judgment.
- An order to proceed with the summary judgment as originally planned.
- Any other relief the court deems appropriate.
*. **Grounds for the Motion:**
- The settlement was not conducted according to the court’s order dated [Insert Date].
- There was a lack of
To help you draft a motion to address the improper settlement procedure, here is a more detailed template with factual statements and legal terminology appropriate for the Alberta Court of Queen's Bench:
---
**Motion to Address Improper Settlement Procedure**
*. **Heading:**
- **Court Name:** Alberta Court of Queen's Bench
- **File Number:** [Insert your file number]
- **Title of Proceedings:** Rick [Last Name] v. [Defendant’s Name]
*. **Notice of Motion:**
- "TAKE NOTICE that an application will be made by the Plaintiff, Rick [Last Name], before this Honourable Court at [Court Location] on [Date], or as soon thereafter as the application can be heard, for an Order that:"
*. **Relief Sought:**
- A declaration that the settlement procedure did not comply with the court's order.
- An order to set aside the consent judgment.
- An order to proceed with the summary judgment as originally planned.
- Any other relief the court deems appropriate.
*. **Grounds for the Motion:**
- The settlement was not conducted according to the court’s order dated [Insert Date].
- There was a lack of
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