Description
Overview
My name is Livie Grimaldi. I am a real estate and technology entrepreneur with a Corporate Clerk background.
I’m seeking an Ontario litigation counsel to review and potentially take carriage of two substantial legal matters involving alleged financial misconduct, unpaid mortgage commissions, business and investment losses, and related damages. I also require an independent assessment of a potential professional negligence and legal malpractice claim arising from my previous legal representation.
In addition, I am seeking advice regarding allegations involving unauthorized transactions and the handling of funds in a corporate TD Bank account, including whether the available evidence supports a claim against TD Bank or an individual bank employee.
These matters have developed over several years and have had a serious financial and professional impact on my life. I am seeking counsel who can review the existing pleadings and supporting evidence, assess the procedural status and merits of each matter, identify urgent deadlines, and develop a practical strategy to protect my legal interests and pursue appropriate remedies.
Background – The Events Leading to Litigation
In 2015, while my child and I were living in our neighbourhood, a neighbour approached me offering legal and real estate services.
In 2017, I transferred $125,000 into his trust account and was provided with joint venture (JV) agreements relating to real estate investments. The agreements were not registered on title, leaving me in a vulnerable position concerning the protection of my investment and my claimed interests in the properties. The circumstances ultimately led to complex civil litigation.
After accepting a retainer, the lawyer retired and referred me to another lawyer, who required an additional $10,000 retainer to begin a claim. I subsequently retained the lawyer to pursue my legal interests. That lawyer was later suspended, reportedly in circumstances connected to mental health issues.
The successive interruptions in legal representation, the financial demands of pursuing litigation, and the resulting uncertainty have contributed to prolonged financial hardship. I am now seeking independent counsel to review the complete history, assess the legal options available, and determine whether there are viable claims arising from the underlying disputes and the handling of my legal representation.
Matter 1 – Existing Civil Action: Mortgage Brokerage, Business and Investment Dispute
I am the individual plaintiff, together with my corporation, in an existing Ontario Superior Court of Justice action involving Ronald Kam Shing Lee, iBrokerPower Capital Inc., Pilrock Mortgages Ltd., and Bruno Pileggi.
An Amended Statement of Claim dated February 26, 2024, sets out allegations including:
- Unpaid mortgage commissions and ongoing renewal commissions arising from a substantial book of business developed through international and domestic mortgage transactions.
- Alleged diversion or conversion of business revenues and commissions belonging to me and my corporation.
- Breaches of contractual, fiduciary and other legal obligations.
- Disputes concerning two jointly financed or invested condominium properties, in which I claim a 50% interest under written joint venture agreements.
- Alleged misrepresentation, unjust enrichment, and failure to account for business revenues, investment contributions, rental proceeds and property equity.
- Significant financial, professional and personal losses arising from the circumstances described in the pleadings.
The existing claim seeks damages, an accounting, tracing of funds, and appropriate relief concerning the joint venture properties, among other remedies.
I require counsel to review the current status of this action, determine which issues and remedies remain outstanding, assess whether amendments or other procedural steps are necessary, and develop a strategy to advance the claim.
Additional Issue for Counsel to Assess – Potential TD Bank Liability
The existing Amended Statement of Claim also contains allegations concerning transactions involving the TD Bank account held by 2659912 Ontario Inc.
In particular, paragraphs 46, 51 and 93 address alleged attempts to transfer or withdraw business commission funds without the required authorization. The pleading alleges that I reported concerns about the transactions to a TD branch manager and that certain transactions were reversed after I raised those concerns. It also alleges possible involvement by a TD bank employee in the disputed withdrawals.
I am seeking independent legal advice on whether the available evidence supports any additional or separate claim against TD Bank or an individual bank employee, including potential negligence, breach of account obligations or contractual duties, unauthorized transactions, vicarious liability, or other applicable causes of action.
I would like counsel to review the relevant account agreements, signing authorities, transaction records, bank communications, fraud reports and reversal records to assess:
- Whether the transactions were unauthorized and whether the applicable account mandates or signing requirements were followed.
- What TD Bank knew or was told about the disputed transactions, when it received that information, and how it responded.
- Whether the evidence supports a claim against the bank, an employee, or another party.
- Whether any recoverable losses remain after accounting for transactions that were reversed or funds that were restored.
- Whether additional losses can be causally connected to the alleged conduct.
- Whether a claim should be pursued through an amendment to the existing action or in separate proceedings.
- Whether applicable limitation periods, procedural requirements or other legal obstacles affect the available remedies.
I am particularly interested in having counsel assess the evidence objectively rather than assuming that the bank or any individual is legally responsible. The allegations have not been adjudicated, and any proposed claim would need to be supported by the relevant documents and applicable law.
Given the age of some of the transactions, an early review of limitation periods and any urgent steps that may be required would be important.
Matter 2 – Proposed Class Proceeding: The Mortgage Centre Canada / iBrokerPower
I am also developing a proposed class proceeding concerning the alleged concealment, non-disclosure or misappropriation of lender-paid volume bonuses, trailer fees and other incentives associated with mortgage production across independently owned Mortgage Centre Canada franchises.
The proposed defendants include The Mortgage Centre Canada Inc., Ronald Kam Shing Lee, Henry Tse, and iBrokerPower Capital Inc.
The proposed proceeding concerns whether lender incentives attributable to mortgage agents’ production were properly disclosed, accounted for and distributed, and whether agents were deprived of compensation to which they may have been entitled.
Potential claims and remedies for counsel to assess include:
- Breach of contract and breach of fiduciary duty.
- Civil fraud and misrepresentation, where supported by the evidence.
- Unjust enrichment and disgorgement.
- An accounting and tracing of relevant funds.
- Other available legal and equitable remedies.
The proposed class materials contemplate obtaining relevant lender, brokerage, franchise and transaction records to establish what incentives were paid, who received them, how they were accounted for, and what losses affected agents may have suffered.
I require counsel with class proceedings experience to evaluate the legal and evidentiary foundation of the proposed proceeding, potential class members, appropriate defendants, certification requirements, limitation issues, and practical funding options.
This is a proposed proceeding. I am seeking counsel to assess its viability and the steps required to determine whether it can properly be commenced and certified.
Matter 3 – Potential Professional Negligence / Legal Malpractice
I also need independent legal advice concerning potential professional negligence arising from my previous legal representation JD Michael Title.
As outlined above, the lawyer I initially retained Michale Title JD retired after accepting a retainer and referred me to another lawyer who required a further $10,000 retainer to begin a claim. I then retained a second lawyer, who was subsequently suspended in circumstances I understand were related to mental health issues.
These successive disruptions occurred while I was dealing with complex and financially significant litigation and forceful separation from my child who was moved to her grandparents home as a result of this fraud and crimes being done against me and my brokerage. I experienced substantial difficulty maintaining continuity of representation and moving my legal matters forward.
I am seeking a lawyer to review the full circumstances and determine whether any actionable professional negligence, breach of retainer, failure to protect my interests, missed procedural obligations, or other compensable professional failure occurred.
The review would need to consider, as applicable:
- Retainer agreements, scope of work and advice provided.
- Correspondence, billing records and the handling or transfer of my files.
- Court filings, procedural history, deadlines and any outstanding steps.
- Whether any work was left incomplete or any opportunity to protect my legal position was lost.
- Whether any identified professional failure caused a legally recoverable loss.
- Applicable limitation periods, causation, damages and available remedies.
I am not asking prospective counsel to assume that malpractice occurred. I am seeking an independent, evidence-based assessment of the conduct, its consequences and any viable remedies.
My Current Circumstances and Need for Counsel
These matters have involved years of financial strain, alleged losses connected with my business and real estate investments, disruption to my professional career, and the substantial cost of attempting to protect my legal interests.
I have already invested considerable time in preparing pleadings, organizing evidence, documenting transactions and identifying relevant legal issues. I am seeking counsel who can review and build on this existing work where appropriate, rather than unnecessarily duplicating it.
I anticipate needing approximately one to two years to rebuild my financial position sufficiently to fund representation independently.
However, I am seeking legal advice now because court deadlines, limitation periods and other procedural obligations may require action much sooner. I do not want financial hardship to prevent me from understanding or protecting my legal position while time-sensitive options remain available.
I would welcome discussions about:
- A contingency-fee retainer, where legally and professionally appropriate.
- Staged billing or deferred fees.
- Limited-scope legal services to address urgent procedural or strategic issues.
- Litigation funding, where available and suitable.
- Another practical arrangement that allows counsel to assess the merits and urgency of the matters without requiring an immediate substantial retainer.
I understand that any arrangement would depend on counsel’s assessment, applicable professional obligations and the circumstances of each matter.
Ideal Counsel
I am seeking a diligent and strategic Ontario lawyer with experience in:
- Ontario Superior Court civil litigation.
- Professional negligence and legal malpractice.
- Commercial litigation, business disputes and fiduciary obligations.
- Mortgage brokerage disputes and commission claims.
- Class proceedings and certification motions.
- Real estate joint ventures and property-related disputes.
- Banking disputes, unauthorized transactions and bank account obligations.
- Financial accounting, tracing, constructive trusts and equitable remedies.
- Complex documentary evidence and multi-party litigation.
Experience taking over existing litigation, assessing work performed by prior counsel, investigating disputed financial transactions, and developing cost-conscious strategies for clients experiencing financial hardship would be particularly valuable.
Documents and Information Available
I can provide available documentation relevant to the matters, including:
- The existing Amended Statement of Claim and other available court documents.
- Joint venture agreements and real estate transaction records.
- Available records relating to the $125,000 trust-account transfer.
- Mortgage commission, renewal, business and financial records.
- Relevant correspondence and agreements.
- Available retainer agreements, billing records and communications with previous counsel.
- TD Bank account agreements, signing authorities, statements, disputed transaction records, communications with bank personnel, fraud reports and records of any reversals or reimbursements, to the extent available.
- Supporting documentation concerning the alleged losses and the procedural history.
The scope and completeness of the available records can be discussed during an initial review.
Response Requested
Interested lawyers or firms are invited to contact me with a brief outline of their relevant experience, capacity to review existing litigation, and willingness to consider an initial consultation or flexible fee arrangement.
I am looking for experienced counsel who can independently assess the evidence, identify urgent steps, protect my legal position and help me pursue a fair resolution.
