One of the claims is that I frustrated settlement because I refused to cooperate in getting bank records released without delay.
This is super interesting, because all I was ordered to do was release records directly to Hammers and Baltazar. I signed these releases, and - get this - it took the law firm between June 2007 to February 2008 to get the releases to the right bank branch!
Releases were sent to random bank branches around Canada, and it took so long for Hammers and Baltazar to get the releases to the right branch that by the time the releases got there, the banks considered the request "stale dated" and refused to cooperate further. This then became like an NBA contact foul, where a player brushes another player and they fall to the ground like they've been knocked over.
Deena Younan, attorney at Hammers and Baltazar sent a letter to the branch acknowledging that "the letter was sent to the wrong branch and that it took quiet (sic) a bit of time and follow up before I was told that it is the wrong branch and then was able to locate the correct one."
So the first letter was sent to the "Vancouver" branch in June of 2007. I've only ever had one branch of HSBC so I have no idea how they would've just put the wrong address on these oh-so-important releases... and then not follow up for such a long time?
Finally, they sent the releases to the correct branch - in February of 2008!
This is why I HIGHLY RECOMMEND exchanging documents using http://www.sharefile.com for exchanging documents. Using sharefile, the opposing counsel must register their own username and password, and when they download the scans of your documents from your server, it shows the location (via IP address) and confirmation of the file download. If they try to say, "this file doesn't match what I downloaded from the server", you can simply re-download the file in court and show the file upload/download history to verify that this in fact is the same file.
Once we used sharefile.com, Barbara Hammers suddenly went quiet on all of these "I didn't get this document" claims. Wish we knew about it earlier!
Finally, since it took Hammers and Baltazar such a long time to get the authorization to the right branch, the branch refused to comply because it was stale dated. Here is the letter that Barbara Hammers wrote to Casey Olsen, demanding that we coerce the banks to cooperate. This later escalated to a full-blown Feldman Sanction (of $200,000!) which was then reversed because - well you know by now...
This is super interesting, because all I was ordered to do was release records directly to Hammers and Baltazar. I signed these releases, and - get this - it took the law firm between June 2007 to February 2008 to get the releases to the right bank branch!
Releases were sent to random bank branches around Canada, and it took so long for Hammers and Baltazar to get the releases to the right branch that by the time the releases got there, the banks considered the request "stale dated" and refused to cooperate further. This then became like an NBA contact foul, where a player brushes another player and they fall to the ground like they've been knocked over.
Deena Younan, attorney at Hammers and Baltazar sent a letter to the branch acknowledging that "the letter was sent to the wrong branch and that it took quiet (sic) a bit of time and follow up before I was told that it is the wrong branch and then was able to locate the correct one."
Then months later, in November of 2007, they sent it to another random HSBC Branch in New Westminster, B.C.
This is why I HIGHLY RECOMMEND exchanging documents using http://www.sharefile.com for exchanging documents. Using sharefile, the opposing counsel must register their own username and password, and when they download the scans of your documents from your server, it shows the location (via IP address) and confirmation of the file download. If they try to say, "this file doesn't match what I downloaded from the server", you can simply re-download the file in court and show the file upload/download history to verify that this in fact is the same file.
Once we used sharefile.com, Barbara Hammers suddenly went quiet on all of these "I didn't get this document" claims. Wish we knew about it earlier!
Finally, since it took Hammers and Baltazar such a long time to get the authorization to the right branch, the branch refused to comply because it was stale dated. Here is the letter that Barbara Hammers wrote to Casey Olsen, demanding that we coerce the banks to cooperate. This later escalated to a full-blown Feldman Sanction (of $200,000!) which was then reversed because - well you know by now...
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