Hi,
I have never had to go through this before so I am looking for advice on how to proceed with this. There are several of us who have properties in Edmonton and a property manager (Randy Gratton) that had kept about 2 months rent and damage deposit and hasn't forwarded any rent to us.
Does anybody know a lawyer that deals with this?
Has anybody gone through a lawsuit before?

Several of us live in Vancouver and one in Toronto who are interested in joining the class action suit. Not sure if anybody in Edmonton has fallen victim to Randy and if you are one of them, let me know. I cannot do this myself so any help would be appreciated.
Thank you.
Stan

One thing I checked for you - he's not a licensed property manager. It may mean fewer safety nets like insurance plans that you can target and you may find you'll be out of pocket up front for costs.

File for a notice of civil claim and serve him yourself. If your prepared to pay $10,000 or more to hire a lawyer that's your choice but is it worth it for two months rent?

CorySperle said:

File for a notice of civil claim and serve him yourself. If your prepared to pay $10,000 or more to hire a lawyer that's your choice but is it worth it for two months rent?

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Well, I am out about $8000. For me that is a big hit. And there are 3-4 of us (a well known mortgage broker being one of them)who want to go after him for what he owes. If he does this once, he's going to do it again. If we all share the cost, that would help. And is that how much it would cost? $10000?

In my opinion, anything that is less than $25,000 (small claims court) typically doesn't justify the cost if you hire legal counsel. You will have to go through endless emails and phone calls to your lawyer, a settlement conference, and then possibly a trial. Unless you go to supreme court you cannot recover your legal fees, and trust me it doesn't take much to wrack up 10K in legal. Best bet is to take a close look at the contract you signed with him, and then sue him yourself. It will cost you about $150 to get him into a settlement conference where the judge will encourage a settlement, and if you can't resolve you can also go to trial yourself. Keep in mind that lawyers cost around $400 per hour, and can cost you $10,000 or more per day in trial.

I'm no lawyer, and this is not legal advise, but a small claims court process sure does seem a LOT easier (& cheaper).

The legal system is slow and complex, designed by lawyers to benefit primarily lawyers.

Truth, justice and fair settlement are all left as after thoughts and may happen on occasion only.

For anything under $75,000 use the do-it-yourself small claims court route. Go there with facts to back up your case and they will help you file it.

While winning might seem like victory it is the collection that will be the tougher part, especially against folks that have little or nothing.

Do not use a lawyer for such a small claim.

The expression is still wrong, as is agreed above, using one to settle small amounts is not cost effective and you will lose even if you win.

Knowing what I know now, I'd walk away from the $8k. Legal battles are seemingly endless and unnecessarily costly. And as previously mentioned, even if you win you may not collect. So you will still not have your $8k, and you will have spent precious time fighting for it.

We are currently involved in a nuisance lawsuit that has - to date - cost a whole lot more than $10k plus 2 years of countless hours spent on the case. My time alone has cost me substantially more than $8k. Despite the fact the plaintiff's case is completely fabricated, we are stuck in it because he has apparently lost his mind and won't settle.

I would have happily shelled out $8k to avoid this experience.

Consider reaching out to "people helper" news crews as well as authorities such as RECA. If one of your goals it to prevent a person from cheating others, this route could potentially accomplish that goal.