Personally (As in my opinion) they are 100% in the wrong. No question. No doubt.
I also know that you never argue with an idiot. They will drag you down to their level. Given the info I have heard about the owners, they will fight us at a loss due to stubbornness. >From here on out we will be dealing with AssentWorks with whom we have a friendly and open dialogue. G Mike On Oct 25, 2012 8:00 PM, "Roswyne" <[email protected]> wrote: > Mostly, I wanted to know if they're in the wrong. It would be a > significant point forming my opinion of them. > > That's not to say that I have any interest in suing, though that might be > a valid bargaining point (to know that we could)... > > On Oct 25, 2012, at 5:37 PM, Justin Lacko <[email protected]> wrote: > > > Don't encourage the lawyer option... > > > > On 25 October 2012 17:01, Mark Jenkins <[email protected]> wrote: > >> On 10/25/12 15:10, Roswyne wrote: > >>> > >>> I would personally like to get a lawyer's opinion. However, I don't > >>> have copies of the leases, which I would need to get from the board. > >> > >> > >> Could you also ask how much the lawyer thinks we would get in damages to > >> compensate us for our losses + punative damanges and what the lawyers > would > >> want to take from that? (at least 33%?) > >> > >> You'll be posing three hypotheticals: > >> * If action is taken against us (such as doors locked prematurely) are > we > >> in a position to sue? > >> * What's our chances of winning? > >> * What kind of cival damanges (compensation for losses and punative) > would > >> be typical to recieve after a ruling in our favour? > >> > >> Sui, when you get your hands on the text, I would recommend reading > closely > >> any clauses that set out and limit what uses we could make use of the > space > >> for -- as that's likely to be the primary line of counter attack that > they'd > >> use, they'd claim we violated the lease by using the space in ways the > lease > >> said we were not supposed to. > >> > >> And so with that we're going to have to think back about how we used the > >> space and also how *Assent Works* used the space to be sure there > weren't > >> use-related breaches -- there isn't a leg to stand on if either of us > broke > >> what it said regarding use. > >> > >> Any lawyer is going to ask questions about that in a consult. > >> > >> Specifically, if Assent Works as our co-tennant did something that > breached > >> the lease then we wouldn't be able to stop the landlord from saying the > >> lease is breached for that reason -- we would only be able to go after > >> Assent Works for breaking the partnership formed with us by signing as > >> co-tennants with us, and we'd have to be able to show they did those > things > >> without our support or consent. > >> > >> Any scenario involving going after Assent Works for their role in this > is a > >> nuclear option that I don't even think you'll want to consider. > >> > >> A lawyer may also be interested in about other ways in which we may have > >> breached the lease, so look at the text and try to imagine if particular > >> terms were violated. > >> > >> If in reading the lease you find something that you think we may have > >> breeched, report it directly to the board. > >> ------------- > >> > >> One of the most sad things about the large back pile of utility bills > being > >> thrown at Assent Works and Skullspace is that they're only subtracting > the > >> Cr8tory amounts and $1000 annual common area credit -- there's no > >> subtraction for the electricity use they thought we were going to use > for > >> our purposes. Surely they didn't imagine zero -- even storage places > have to > >> have the (ineffecient) lights on sometimes. > >> > >> Ditto for the new lease proposed, there's no subtraction for what they > >> thought before we were going to use for our own purposes, so the net > effect > >> even in *their* own terms now is a rent increase. > >> > >> > >> _______________________________________________ > >> SkullSpace Discuss Mailing List > >> Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > >> Archive: https://groups.google.com/group/skullspace-discuss-archive/ > > _______________________________________________ > > SkullSpace Discuss Mailing List > > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > > Archive: https://groups.google.com/group/skullspace-discuss-archive/ > _______________________________________________ > SkullSpace Discuss Mailing List > Help: http://www.skullspace.ca/wiki/index.php/Mailing_List#Discuss > Archive: https://groups.google.com/group/skullspace-discuss-archive/ >
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