In Ontario,Canada is a fraud, made against the Bankruptcy Court, subject to a Statute of Limitation Period or is the SOL Tolled

Can you clarify your question?

In Ontario, Canada is an Order of the Court subject to a Limitation Period in a civil matter. I want to enforce an Order granted to me which is 16 years old.

Ok this makes a little more sense. It depends on what the order is about. Generally a judgment issued by a court is good for 20 years and renewable for at least another 10.

To clarify... The Bankruptcy Court made out a receiving order. The evidence provided to the Court by the petitioner, enabling the making of the order was totally false (documented proof that the evidence was false is still available). The transcript of the bankruptcy trial consists of one page. In the trial transcript, the lawyer for the petitioner makes numerous false statements and thereby leads the presiding judge to make out the receiving order.

The bankrupt, was not present at the trial because he had not been advised of the trial date, which had been set by the petitioners lawyer... yes the same lawyer who provided the false evidence at the trial. Is it to late to have this order set aside or has the limitation period expired. This is a blatant fraud made against the Court.

This is different from the original question. So you have now posted three times. The first time the question was unintelligible. The second time you asked if you could still enforce an order issued 16 yrs ago without any details about the order. Now you are asking if you can appeal or set aside an order issued 16 years ago. If you want our help you really need to give us info that we can deal with.

Appeals have to be made in a timely manner. I can't imagine that the time frame for appealing a decision in a bankruptcy court has not expired by this time. I couldn't find anything specific for Canada, but what I did find is the time limit for an appeal is general measured in months, not years.

If you had read my questions correctly you would note that I have made no mention of an appeal. My question concerned the Statute of Limitations and Fraud made against the Court. Has the limitation period run out or has the SOL been tolled by the fraud made against the Court?

To clarify..... yes the same lawyer who provided the false evidence at the trial. Is it to late to have this order set aside or has the limitation period expired. This is a blatant fraud made against the Court.Hello s:

You're mixing apples and oranges... First off, the SOL has expired on the CRIMINAL charge of perpetrating a fraud on the court. Secondly, there is NO "limitation period" in which an order to set aside a judgment for lack of proper service, can be sought. There is, however, the legal notion called estoppel.. It means if you don't seek your rights when you become aware they've been violated, you forever give up your right to do so...

If you're saying that for the past 16 years you were UNAWARE of this judgment, you MAY be able to have it set aside... However, not knowing who YOU are in this process, it strains credulity that you, or the judgment debtor didn't know about it before now.

Thirdly, even though you don't mention the word "appeal", an appeal is the name of the process you're inquiring about. You owe Scott an apology... It makes it EXTREMELY difficult to help people when they are NOT forthcoming with the salient details needed for a correct legal analysis. Then we're left to pry it out of them or guess, and sometimes we guess wrong. But, that's on YOU - not Scott.

excon

I was granted 5 Judgement Orders against 5 defendants in Ontario, Canada. I did not enforce the Orders and they are now 17 years old. My question is... "Can they still be enforced by me" The amount involved is $89,000.00 in total.

Hello again, s:

Please keep ALL your posts about this subject on the SAME thread. I notice, too, that you added MORE information this time... Is this everything??

I AM confused... Wasn't your other post about setting aside a judgment?? Why would you want to set aside a judgment in YOUR favor?? Are these DIFFERENT judgments?? Where were you for 17 years??

excon

I notice that the judgments got a year older overnight.

These are not the same orders as the Bankruptcy proceedings, these were in a lower court and on entirely different issues. That is all the information... just need to know if these Court Orders are still enforceable. Since this is a different question on a different subject I assumed that it would require a different thread??
I am almost 80 years of age so please excuse my thinking process.

Entirely different judgments dear... but around the same time... nice to see that you are on your toes and bright eyed.

I'm both bright eyed AND bushy tailed - whatever that means. (Love your note!)

I am reading that a money Judgment in Ontario is good for 10 years.

I find this law (in Canada) to be very confusing. In the US there is a master list by State but I find each Canadian province has a separate site. I cannot determine if that 10 years is renewable (as it is in the US).

My suggestions would be to contact any Court and ask OR move to the US and then I can help you!

I was granted 5 Judgement Orders against 5 defendants in Ontario, Canada. I did not enforce the Orders and they are now 17 years old. My question is...."Can they still be enforced by me" The amount involved is $89,000.00 in total.

I'm guessing that, if such judgments are still enforceable, a local attorney will be more than happy to tell you; and, for a fee or a cut, do what needs to be done to collect them for you.

So do you think it worthwhile to pursue, considering that after the lawyers have collected their fee/cut, the few bucks that would be left, would most probably finish up with the tax man... the only winners... the lawyers.

So do you think it worthwhile to pursue,Hello again, s:

$89,000, plus simple interest of, say, 5% compounded annually over 17 years, has a present value of over $280,000. Your judgments probably carry an even higher interest rate. I'd say it would be worth going after.

excon

... Your judgments probably carry an even higher [than 5%] interest rate. ...

Probably did 17 years ago, anyway.


So do you think it worthwhile to pursue, considering that after the lawyers have collected their fee/cut, the few bucks that would be left, would most probably finish up with the tax man.....the only winners .....the lawyers.

As with Judy, I am much more familiar with how things work in the U.S. so let me say how it is done here, and then you can work from there.

A contingent fee agreement with an attorney is often for 1/3 plus costs. For mere collection, as opposed to trying the case and getting the judgment in the first place, it should be considerably less. Depending in whether it appears that the judgment debtor has available assets, I would happily take it for 10% or less (10% of $280,000 will buy a lot of groceries.).

Or, if you want to pay your attorney by the hour, I don't see a collection matter being that costly, fee-wise. As I say, it all depends on whether the debtor has assets.

As far as the taxes are concerned (and you should run this by a Canadian tax expert to be sure), the judgment is already yours. I don't know that simply collecting it is a taxable event.

trial. Is it to late to have this order set aside or has the limitation period expired.

You may have not specifically mentioned an appeal, but that's what the above question leads to. Given the different stories you posted posted and the vague and unclear info, An appeal is a logical possibility.

You talk about "reading your question correctly". How do you expect people to do that when you post contradictory and vague question? If I misinterpreted you (and I'm not convinced I did) the problem is on your end, not mine.

Frankly, your vague questions and attitude do not inspire one to help you

So what about the limitation period??

So what about the limitation period?????????Hello again, S:

In the US, it's 10 years, and it can be extended for 10 years. I don't know about Canada.

excon

I've already answered that. If you are charging fraud in the original court case, the SOL would have expired. I haven't found the specific amount but no where would be as much as 16 years. If you are trying to get the judgment vacated that's done through an appeals process and that would have had to be filed in terms of months not years.