We're looking for a lawyer to help us write a legal argument in a pleading to dismiss a court case against our business. The case is filed in British Columbia, Canada, but we'll take assistance from any experienced contract lawyer / attorney. We're attempting to do a lot of the leg work on the litigation in order to help whichever law firm we hire in Canada to defend us with as much work pre-done as possible. They'll obviously edit your work.
The basics are that our firm, in partnership with 2 other firms, created software for a company in Vancouver. We're USA, Indonesia, and India based.
The company defaulted on it's payments to us, causing us to suspend their project twice. The suspensions triggered termination fees and charges to the client, who is basically insolvent.
They have brought a lawsuit stating that they have been defrauded, that there was no software, that there was an active effort to "trick" them into believing there was software being created when none was developed at all. This is not true.
Significant work was completed on the applications and the client defaulted on their billings. Despite not having been paid, we completed the software to either enhance our ability to settle with the client, or to have it available to sell to the public as a fully working application.
The reality is the client has now obtained some seed funding based on our produced materials. The client owes us a significant balance, but because they have not paid us, we don't have a lot of money for litigation. Now, having no choice but to fight, we're looking to be aggressive and either recover damages or get an order to sell the software.
We're having the software professionally evaluated.
Your job as an attorney will be to assist us in the preparation of our evidence which will be used in an application for a Summary Trial, essentially a paper decision that must fight all the points raised by them. We believe our evidence is strong and convincing.
- Edit our affidavits (about 10, at least 200 pages)
- Draft our pleadings and argument
- Draft our counter-claim
- Assist us with an application to lift an improperly (ex-parte) marvel injunction
- Assist us with an application to require the Plaintiff to post the amount we claim for damages as a result of the marvel injunction
This is a time-sensitive project and you should have a great deal of time to assist us. We have been served and are on the clock.
Areas of Law:
- Canadian Contract and Civil Litigation
- Mareva Injunctions
- Fraud based claims regarding the development of computer software
- Intellectual Property Law