Now the nature of my claim was pretty simple and I had to prove the following with the following evidence:
1) Throughout 2005 to 2006 I was loaning the defendant money and resources which resulted in a debt that he owed to me and that he acknowledges it.
2) In 2007 we verbally established a partnership/business agreement where in exchange for my exclusive time in teaching him skills such as basic English communication as well as investing in various resources specifically for his request/benefit he would have to pay me back for my services and these resources. Because I allege that he didn’t follow through with his agreement, I have to prove that there was an agreement/meeting of the minds and the financial damages he has caused me as a result of this breach.
To prove this my main/strongest facts were the following:
1) The cashed in cheques and bank record statements.
For most of the cheques I wrote him they were used through a business account. Therefore, whenever he cashed it in I would get these cheques back. Therefore, this was strong proof that he did indeed take the money. However, as I stated in court he did not want to sign an “I owe you” and manipulated me and my friendship to not to write them as a loan.
Therefore, on many of these cheques I wrote generic words such as “web programming” or “web work” as the agreement was he can pay me back straight up or find clients and the commission he would have gotten will be used in paying back his debt. As you can see, he can easily argue that they were simply for work. However, this is where the credibility comes into play.
2) The e-mail communications of our agreement
I agreed to credit him $150 for every e-mail he sent me explaining what he did business wise even he didn’t actually do anything in the day. Think of it where I got so fed up that it is like saying “Just paint my room and we’ll call it even”. As well, I agreed to credit him further for doing things such as bringing in paying clients. There are several inches worth of these e-mails.
3) The Defendant’s Confession Letter To His Dad
As you can imagine this was a very frustrating situation where the fact that I have known this person since I was a little kid made me continue in wanting to help him. However, it got so bad that a third party was brought into this as I felt this would help with the accountability. This person ended up being his own dad.
This was the Microsoft word document that was attached to the e-mail that he sent me:
Overall, it was a pretty lousy letter I thought. For example, as you can see he mentions that I “give” him money as if those cheques I wrote to him was a gift of some sort and that I wasn’t expecting anything back for those resources either. But even though it was a lousy letter, this at least should demonstrate the dynamics of the situation such as who made promises to who.
I assume looking at facts and statements for contradictions are key points to any case. Let’s start with some simple items such as the first sentence of his statement of claim.
1) First he alleges that he began the business relationship with me in January 2005.
His Proof – He submits this bank record statement that shows a deposit of $2000 in the month of January 2005 and marks it as if the funds were from me to prove that he was working for me that time.
My Proof – I submit an e-mail marked on February 2005 that shows clearly that we had no contact with each other for a long time. Here this e-mail shows how he initiated the contact with me to reconnect.
As well, the contract agreement was signed on March 2005 as you can see here:
2) He alleges that when he signed that agreement with me that I “forbid him” from finding another job.
His Proof – Nothing really other than his word.
My Proof – I submit ample amounts of e-mails in 2005 which demonstrate that I was helping him with resumes and cover letters to find a job multiple times throughout the year even after he signed the agreement.
As an example of the insane amount of proof available to review:
1) This particular e-mail proves that he was actively trying to find a job and that I was helping him in doing so. As well, you can see that this e-mail he was using was from his sister’s company domain as he was doing contract work for her apparently too as a programmer for who knows how long.
2) Another example of trying to help him in his job hunting efforts in aiding him with his resume and cover letters. Note for this e-mail, notice how he uses the “Jdev.ca” domain to send the e-mail. While it doesn’t prove loans, remember that his version of the story is that he dedicated “40-55 per weeks, often much more” and claiming he began the business relationship in January 2005 and that I would “forbid him” from finding a job.
3) If those didn’t take the cake this one should. It looked like no one would hire him and so it was suggested that he go find a simple retail job. Sure enough, he sends me this e-mail about a cell phone store job:
Since his English and writing skills wasn’t exactly great he again asked me for help with his resume and cover letters just like all the other examples. Result, I gave him my old cover letter and told him to learn from it:
While I can go on, common sense and logic wise is this complicated? How you would have approached the case after in an effort to flush out the truth?