June 8, 2014
Think back to when you were in school and how many excuses you heard or used for not getting your homework done on time.
Dogs seem to figure into the story more often than they should, but there’s also the spilled coffee routine and – most common in the classes I teach at Western – a printer that’s out of ink or just won’t print. Having wrestled with printers that wouldn’t speak to my computer or wouldn’t accept shiny new ink cartridges, I am sympathetic to the printer excuse. Maybe that’s why I hear it so often from my students.
In any case, my legal arch nemesis, Matt Rowswell, owner of the Mr. Lube franchise that botched my oil change in January, has filed a legal document essentially blaming everyone but himself for failing to respond to my lawsuit and having a judgment rendered against him.
As you can read about more fully in earlier postings below, Matt’s employee stripped my oil pan plug in January, rendering the pan useless. A new one was $600.
Last week, a judge ruled in my favour, awarding me a total of $932.46. That represents a refund of the original botched oil change, the cost of repairing my car and $215 in court costs. I promptly emailed Matt’s right-hand man, Mike Morrow, and asked for payment within seven days. That seems to have concentrated Matt’s mind because for the first time in this process, he responded to me – albeit indirectly.
Matt -- or Donald as he is now referred to in his motion -- had his paralegal flunky, Ronald Trachy of St. Thomas, come by my house Saturday. He dropped off a copy of his Notice to Set Aside Judgment and Permission to File a Defence.
That’s right. Nearly a month after I filed my claim and delivered it to the head office of his company, Cardoc Enterprise, Mighty Matt has sprung into action… and asked for a mulligan. He’s really sorry and all, but three weeks wasn’t enough time to respond to my lawsuit. So now that’s he’s been found guilty, he would really appreciate it if the court would bend the rules and let him file a defence. You can call him Matt. Or you can call him Donald. Just don’t call him late for court.
Of course, he actually had far more time to think about responding because on April 14, I spoke with his second-in-command, Mike Morrow, and indicated I would sue if they didn’t pay for the repair to my car. As unlikely as it seems, it might just be that Matt/Donald didn’t take any of this seriously until there was a judgment against him.
He has asked the court for a second chance because a “lack of communication with Caradoc Enterprise Inc.” meant the lawsuit “was not brought to my attention in a diligent manner, and that through no fault of my own I was unable to respond in a timely fashion.”
In other words, Matt/Donald is blaming his employees for not letting him know he was being sued. I find that amusing because on May 5 when I delivered the claim to his office, the store manager, Jerry DeLyzer, made a phone call before accepting it from me. He called either Matt/Donald or Matt/Donald’s second-in-command Mike. So it seems reasonable to assume he knew about the lawsuit that day.
Maybe the office isn’t run with the precision of a Fortune 500 organization. After all, the business itself is known as Cardoc Enterprise on its business cards and the business license displayed at its Oxford Street store, but it’s known as Caradoc Enterprise in the motion it just filed.
Having asked for his mulligan, he gets a hearing June 20 to plead his case. I will be on my way to Cincinnati to watch the Blue Jays play that weekend, so I can’t attend. I will, however, submit a motion suggesting his claim is hooey (sorry for the fancy legal terms) and asking the judge to tell Matt/Donald to quit stalling and pay me.
I hope he isn’t counting on his employees to remind him of the court date. They appear to be wholly unreliable.