The impossible is possible.... if you believe it is possible!
- Thanks, Leo Cardella!
- Oct 12, 2019
- 4 min read

No one likes the idea of going to court to settle a dispute. It's costly, it can last forever, and it eats into your whole life. personal, or business,
When I landed up winning a case for a client against the federal government - not by winning it in court, but by changing a law - T
the experience of dealing of working together with the government to find a solution to an impasse changed my entire headspace.
There are better ways of resolving a dispute than going to court.
It started with my phone call to the Minister of Finance. "Can i meet with your people"
I was completely honest. "I've never written a brief to government. Can you help me?"
They invited me to meet with their group of 7! on a Friday afternoon.
They encouraged me to write the brief to the government - "We don't have the money to spend the time needed for the research in this matter!"
Just imagine, having the support of the government guys in Ottawa- who were just as interested in a fair solution - meeting with me and responded to my request for guidance!
The win would never have happened if I hadn't had the impulse - at the very beginning - to call up the department of the Minister of Finance and ask for a meeting!!!!!!!!!!!!!!!!
What is the big block stopping people dead in their tracks from trying something new?
Negotiations with government as a general rule are not sought out because there's a presumption they're not approachable.
Or when two people get into a dispute, pride, hubris, lock the parties into paralyzed positions that lead them to court.
When my architect client's successful architectural practice was threatened by a change of zoning by the municipal government
I was completely confident in choosing a non-confrontational mode.
I had the successful experience of dealing face-to-face with the federal government under my belt,
The architects were located in Montreal in a two-story converted home. This building housed 14 architects and staff on both floors.
The change in zoning now prohibited business being carried out on in the second floor of a private home.
Our challenge was to prove that the upper conversion from a private residence to a business operation took place BEFORE the changes in zoning. The principle of Acquired Right. Droits Acquis.
We needed documents. And the architect had them!
When my architect client and his then partner first moved in to the house, they only occupied the first floor - when you're first starting an architectural practice, you don't start with 14 architects!
The second floor was divided into two separate apartments which were rented out.
Now what saved my client an expensive court experience - win or lose - was that he had kept every scrap of paper,
Including the notice from the first tenant - “Je m’en vais” - I’m moving out!
And from the second tenant - “J m’en vais aussi” - Me too, I’m leaving!
And both scraps of paper were filed in court BEFORE the municipal zoning law was passed.
A no brainer! A winning case!!!!!!!!!!
ACQUIRED RIGHTS!
Now these documents dated back 20 years
So the documents were lodged in the deep archives of Montreal's City Hall.
I sent my articling clerk, Leo Cardella, to City Hall to bring back official copies of those documents.
And , most importantly, the date on which they were filed.
Leo didn't show up for three days. I was beginning to get concerned when the door to my office burst open,
and there stood Leo, a triumphant smile on his lips, clutching the valuable documents.
"Thank you so much, " I said, reaching out for the documents."
Cardella refused to hand over the documents.
"Hold on a moment. First let me tell you how I got them.
These papers were in a deep dark dungeon of the archives at City Hall
and nobody wanted to leave their well lit desk to go down there with me.
Now I was in a quandary. “I was stuck.
I knew you wouldn 't accept ’it ain’t possible' for an answer."
What to do?
"As I was walking down St, Jacques St. in Old Montreal, wondering how was i going to get out of that mess,
I passed the old Montreal Star building.
I looked up.
At that moment the answer flashed into my mind.
'Nick Auf der Mar. He’s a reporter at the Montreal Star. But he’s also a City Councillor!
If anyone will know how to get hold of those documents it’s Nick Auf Der Mar!
Go upstairs and see him!'"
And that’s how Leo got the documents!
The winning brief I wrote for the Municipal government was in the style of a child’s fairy tale story.:
“Once upon a time there were two architects.................. ”The story on the left page. The pictures on the right.
D and T are architects. (Picture of D and T)
They bought a building on C St. In Montreal *(Picture of the building) ()Picture of the Deed of Sale)
They occupied the first floor. (Picture of architects working at their drawing boards)
On the top floor lived two separate tenants.
Year 1: one of the tenants moved out (Notice of Moving)
Year 2: the second tenant moved out (Notice of Moving)
Year 3 the new architects moved their offices to the upstairs rooms.(upstairs floor and architects)
Year ? The zoning law was passed (zoning law)
PROOF POSITIVE: The architects were working in the upstairs quarters BEFORE THE ZONING LAW WAS PASSED. THE ARCHITECTS HAD ACQUIRED RIGHTS!!!!!!!!! I
THANK YOU, LEO CARDELLA!!!!!!!!!!!!!!!!
The moral of this story:
If you believe with all your being that it is possible for that something to happen, and you move heaven and earth to make it happen, it WILL HAPPEN.!!!!!!!!!! ________________(if the time is ripe and luck is on your side!)








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