As explained, the claim and counter claim all ready filed and served at london small claim court. The procedure required

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Customer: As explained, the claim and counter claim all ready filed and served at london small claim court. The procedure required a preliminary settlement conference which not decided yet. What is your advice for filing a motion to the court to stop the bank from charging interests on the disputed forged account as far as a certified documents examiner report was submitted in the case file which proved the bank misconduct and default beyond any doubt. What is the possibility of success of such motion?. Can I also request the court to freeze all our accounts agreements with the bank as far their is enough evidences to prove the bank default. The supreme Court of Canada judgments in similar cases decided that lack of good faith and honest performance is a legitimate cause to invalidate any agreement. Accordingly, forgery is a legitimate reason for the court not to dismiss my motion and to freeze all agreementsorts with the bank. But the problem I have experienced before with similar cases against Rogers and Bell Canada, that their are other factors may influence the court decision against a federally regulated institutions, and possibly reject the motion. Because In this case their is slso criminsl factors in the bank conducts. I doubted the court will conducts a criminall investigation as required by law and I didn't requested such action not to delay my case. What is your advice in the proposed motion particularly and in the case generally?
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Customer: Nothing else required at this moment and my case was explained clearly, just need your advice.
Answered by ToLawyer in 5 mins 1 year ago
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ToLawyer, Expert

Hi, my name is***** am sorry to hear about your troubles and I would be happy to assist you. Before we begin, please note that this discussion is for providing general information only, it is not detailed or necessary specific legal advice, and it is only for the purpose of helping you understand the nature of your situation from a legal standpoint and to discuss options. You should engage a lawyer/paralegal in your local jurisdiction if you wish to take any legal action going forward.

In case you would like a faster response, the site will automatically offer you an optional phone call for an additional fee. Rest assured, I can continue to help you by text and I’m already working on your question.

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ToLawyer, Expert

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ToLawyer, Expert

What you are requesting for is an injunctive motion, which is not what small claims is for and for the most part, are unavailable. Small claims court has very limited jurisdiction to make injunctive orders.

If your request is contractual recission, then the interest charged on the account would be removed and accounts would be frozen anyway as the contract would be invalidated. However, this will depend on the final order from the court.

With regards ***** ***** matters, that would be dealt with by the police and not by civil proceedings. You can contact the police to do a parallel criminal proceding if that is how you would like to proceed.

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