Legal question

[Jubee]

How long can someone draw out any legal proceeding?

What I mean is, my neighbour is in the middle of a legal dispute with her family and she seems to think they are drawing it out intentionally to wear her down. Her sister had lost an initial amendment she tried to make. She's sure that her sister is just fucking around and someone brought up a question about "due process". I didn't think that would hold, but I'm no lawyer. How long can something like this go on? I feel pretty bad for her because she's been pretty miserable over the past few months.

I tried looking online, but haven't found anything.

 

[farquhar]

How long can someone draw out any legal proceeding?

What I mean is, my neighbour is in the middle of a legal dispute with her family and she seems to think they are drawing it out intentionally to wear her down. Her sister had lost an initial amendment she tried to make. She's sure that her sister is just fucking around and someone brought up a question about "due process". I didn't think that would hold, but I'm no lawyer. How long can something like this go on? I feel pretty bad for her because she's been pretty miserable over the past few months.

I tried looking online, but haven't found anything.

Not a lawyer; but I do recall a case where a former Hamilton police officer sued the force and the Police Chief; the Hamilton Police Service drew the case out intentionally; eventually the judge ruled that the Hamilton Police Service were clearly acting in bad faith and basically removed their abilities to defend themselves.

https://www.cbc.ca/news/canada/hamilton/paul-manning-20-000-hamilton-police-1.5038092

The City of Hamilton has been ordered to pay a former undercover police officer $20,000 because of unnecessary delays in a lawsuit the officer brought against the Hamilton Police Services Board and former chief Glenn De Caire.

The amount awarded Paul Manning and his wife, Sabina, is to cover court costs and as a deterrent to the city against any further delays.

Manning filed a lawsuit in 2016 seeking $6.75 million in damages for what he describes as irreversible damage to his mental health in how he was treated by the service while he worked undercover and afterward. The suit also presents allegations of corruption and shady connections within the force.

For its part, the city denies liability and says it plans to continue defending itself.

But Manning claims the police service and city have made making his case difficult.

"Every single document that would validate my accounts has either been lost, purged or the city has claimed it never existed," he explained. "We're fighting a ghost."

https://www.cbc.ca/news/canada/hamilton/paul-manning-lawsuit-1.5289424

An Ontario court has stripped the Hamilton Police Services Board and former chief Glenn DeCaire of the right to defend themselves in a lawsuit brought by a former undercover police officer.

Ontario Superior Court Master P. Tamara Sugunasiri said her ruling to strike the defence was a "remedy of last resort," in the case brought by Paul Manning that alleges he was sold out by officers from his own service and left unprotected while working undercover.

Sugunasiri's ruling states the city's failure to comply with the rules of civil legal procedures in the lawsuit involving Manning and his wife, Sabian, pushed her to take the "otherwise draconian" step.

"The Hamilton Police Services Board and chief Glenn DeCaire have lost their right to continue defending this action," Sugunasiri wrote.

"The continued failure to respect the process, the rules and opposing counsel's time and efforts is unacceptable and rises to the level of bringing the administration of justice into disrepute," the ruling later adds.

It is a remedy of last resort; but there is a precedent for it.

 

[Jubee]

Thanks, just emailed her the links.

 

[mandrill]

How long can someone draw out any legal proceeding?

What I mean is, my neighbour is in the middle of a legal dispute with her family and she seems to think they are drawing it out intentionally to wear her down. Her sister had lost an initial amendment she tried to make. She's sure that her sister is just fucking around and someone brought up a question about "due process". I didn't think that would hold, but I'm no lawyer. How long can something like this go on? I feel pretty bad for her because she's been pretty miserable over the past few months.

I tried looking online, but haven't found anything.

The fact situation you give is so vague that no lawyer could give you an answer.

 

[mandrill]

Not a lawyer; but I do recall a case where a former Hamilton police officer sued the force and the Police Chief; the Hamilton Police Service drew the case out intentionally; eventually the judge ruled that the Hamilton Police Service were clearly acting in bad faith and basically removed their abilities to defend themselves.

https://www.cbc.ca/news/canada/hamilton/paul-manning-20-000-hamilton-police-1.5038092

https://www.cbc.ca/news/canada/hamilton/paul-manning-lawsuit-1.5289424

It is a remedy of last resort; but there is a precedent for it.

These rulings are VERY fact specific.

 

[TeeJay]

It really does have to be a legit reason but you can delay any court proceeding for a very long time
Its harder for you to prove abuse than it is to force them to proceed

Why the rush? Sit back and just jump through whatever hoops are required.
Heck even to evict someone for something as obvious as non payment of rent can stretch months, even a year plus



As to the legal side
There is no due process in civil suits
The right to trial in timeframe only applies to you defending yourself against the prosecutor

 

[Jubee]

Well I passed this all onto her. It's a frivolous case by her sister, it's petty on her sister's part.

 

[escortsxxx]

How long can someone draw out any legal proceeding?

What I mean is, my neighbour is in the middle of a legal dispute with her family and she seems to think they are drawing it out intentionally to wear her down. Her sister had lost an initial amendment she tried to make. She's sure that her sister is just fucking around and someone brought up a question about "due process". I didn't think that would hold, but I'm no lawyer. How long can something like this go on? I feel pretty bad for her because she's been pretty miserable over the past few months.

I tried looking online, but haven't found anything.

From reading and hearsay only:

No matter how small the matter or trivial, you can keep a legal case going forever if the balance of power is excessive and or one side is closer to insanity.
The Mickey mouse copyright extension is one such example - Disney should have lost Mickey to public domain a long time ago but every-time they are about to lose it they get an extension and probably will have the right forever.
There are legal limits as to how far a case can take, but an the same issue may be covered by hundreds of cases - assuring you are dealing with someone who is willing to others to lie for them, manufacturer evidence etc legal cases can take a long time . . . some child custody cases never end since the children become adults before the cases are resolved.
Private eyes, fixers and a good lawyer (though this should be the last of the bunch) are good ways to end most time wasters - or so I have heard.

 

[TeeJay]

It is so difficult every aspect in such cases and I am sure that on your own no one could handle it, without having in-depth knowledge in the field or without having acquaintances who know how to solve everything.

This has to be a shill account

Random responses to seeming random posts

Majority of them 6 months to a year after original

Only posting 1 or 2 days per month with semi regular 2 week intervals

 

[anonemouse]

This has to be a shill account

Random responses to seeming random posts

Majority of them 6 months to a year after original

Only posting 1 or 2 days per month with semi regular 2 week intervals

I reported a similar account a few days ago. It's obviously a shill account. I'm surprised that their posts don't have 3rd party embedded links in them.