I would like your opinion?

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Bede
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Re: I would like your opinion?

Post by Bede »

455tt wrote: Wed Jul 08, 2020 1:10 am Aha! So you admit that you are not a lawyer.

My recommendation remains the same, which is:

"You should seek and obtain the advice of a lawyer having experience in this area to review the facts of your situation and applicable law so as to determine if there is a case and if so, whether it is worthy of pursuing."
Most lawyers have no clue about aviation law. The practise of law is not only about law- it’s the application of the law to a subject. If one knows little about the subject there’s little advantage to getting a lawyer. Honestly, I’d trust the opinions of some of the more knowledge posters on this forum than some random lawyer. And it’s way cheaper:)
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JBI
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Re: I would like your opinion?

Post by JBI »

455tt wrote: Tue Jul 07, 2020 4:44 pm
photofly wrote: Tue Jul 07, 2020 6:27 am
455tt wrote: Mon Jul 06, 2020 5:02 pm The federal Crown Liability and Proceedings Act referred to does not prevent one from suing the federal government; it merely sets out the circumstances where a case can be brought and the procedure to be followed.
Right... and if this isn’t a circumstance where a case can be brought (and it isn’t) then the Crown Liability and Proceedings Act prevents one from suing the federal government in this case.

In any event, the answer lies in the Act, which is why I posted a link to it.
So you are quite certain "this isn't a circumstance where a case can be brought" as you state.

OK.

What year were you called to the bar?
455tt wrote: Wed Jul 08, 2020 1:10 am Aha! So you admit that you are not a lawyer.

My recommendation remains the same, which is:

"You should seek and obtain the advice of a lawyer having experience in this area to review the facts of your situation and applicable law so as to determine if there is a case and if so, whether it is worthy of pursuing."
Ok I'll bite. I was called to the bar in 2010 and was involved in the Gill case referenced by photofly. He/she is generally correct. Respectfully redlaser, photofly gave you the info to search out some of the answers but your response was "too long, didn't read" (For reference, the Gill decision is 69 pages + 5 other decisions on motions, costs and appeals and took over 7 years to be resolved

The thing with suing the government is that it better be worthwhile, cause it's going to cost you a lot of money.You can go see a lawyer and that's not a bad idea per se, but a lawyer's time costs money. I'm willing to bet that redlaser wouldn't be willing to pay for a lawyer to take a thorough review of his situation to make provide an opinion on whether it makes sense to proceed to a lawsuit. I would trust Bede's opinion on this matter more than most general practitioner lawyers.
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photofly
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Re: I would like your opinion?

Post by photofly »

In general, lawyers are regulated by their Law Society and the Law Societies take a very dim view of anything that sounds like a lawyer offering legal advice to someone who isn't established as a client and without properly knowing the facts.

You should assume that anyone who offers what even hints at sounding like legal advice in a public forum, who clearly hasn't sat the prospective client down in a chair, done a conflict of interest check, accepted a retainer, formally established the potential plaintiff as a client (including all the know-your-client rules) and taken care to establish all the background and other facts - before offering an opinion - CANNOT be a lawyer. If they were, that would be professional misconduct.

Questions like "can XYZ be sued" aren't to be taken seriously on AvCanada, they're just an excuse to do a little background reading and share what you've learned.
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DId you hear the one about the jurisprudence fetishist? He got off on a technicality.
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redlaser
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Re: I would like your opinion?

Post by redlaser »

In my honest opinion I think that TC has failed all the aviation community by shutting down it's services, From flight tests to aviation enforcement, And who decided to shut down TC, was it the Minister of Transport Hon. Marc Garneau or some other low level employee, What about Nav Canada, did they all go home because of the coronavirus, Did numb nuts Garneau take into consideration all the aspects of shutting down TC and sending everyone home. Just how many pilots and other flight personnel are affected, lost of flying privileges etc.
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Don't let your wife talk you out of buying an airplane, :D
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