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/ Civil Litigation
When considering legal action, weighing the pros and cons carefully is essential.
Litigation is often expensive and can take a long time to resolve. However, other alternatives may be more effective and budget-friendly. By exploring all your options, you can make a well-informed decision that will ultimately lead to the best outcome for your situation.
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Ontario Rules of Civil Procedure (the Rules)
govern civil litigation in Ontario's superior courts. The Rules attempt to address each subject matter of litigation separately and comprehensively in one place. If a legal proceeding must be held in a specific county, it must be initiated in that county and named in the originating process. An originating process is a legal document that serves as notice to all parties involved or affected by the outcome of the legal proceeding. It must be issued before being served and served by personal service or alternative to personal service.
Before considering litigation, it's often a good idea to send a demand letter clearly outlining your expectations to the other party. However, it's crucial to proceed cautiously, as this approach can be risky, especially if the recipient could hide assets or destroy evidence. Therefore, it's important to be mindful when using demand letters and seek legal advice if necessary.
Section 4 of the Limitation Act sets a two-year time limit for making a claim from the day it is discovered. This time limit is not paused by sending a demand letter. Although there is no obligation for the recipient of a demand letter to respond in a specific way, it is essential to protect your legal rights by initiating legal proceedings with the appropriate court, such as by filing a notice of action or application. This will start your claim and prevent the time limit from running out.
Two Types of Originating Process
1) Simplified Procedure
2) Ordinary Procedure
Starting from January 1st, 2020, the simplified procedure is mandatory for all actions with claims of $200,000 or less (excluding interest and costs) issued on or after that date, with few exceptions (r. 76.02(1)2). It is important to note that a plaintiff may choose to use the simplified procedure in any case, subject to the defendant's objections (r. 76.02(3)).
Two Types of Civil Proceedings
1) Actions
2) Applications.
An action involves exchanging pleadings, producing documents, and conducting examinations for discovery. If the matter doesn’t settle, it usually ends in a trial. An application is a proceeding where a judge alone determines questions of law based on affidavit evidence. It’s essential to think strategically when deciding which procedure to use. Factors such as cost, time to hearing, and strategic advantages must be weighed. An application must be brought appropriately, or there may be cost consequences.
Ontario Mandatory Mediation Program
Rule 24.1 of the Rules of Civil Procedure
States that some civil lawsuits must undergo mandatory mediation. Additionally, rule 75.1 of the same rules state that certain civil lawsuits related to estates, trusts, and substitute decision matters, where someone cannot make decisions about their property or personal care, also require mediation. The Ontario Mandatory Mediation Program aims to help individuals resolve their cases quickly and cost-effectively. The program is applicable in Toronto, Ottawa, and Windsor. The Superior Court of Justice hears all civil proceedings in Ontario, including commercial matters, personal injury, bankruptcy and insolvency cases, and litigation involving wills and estates.
Commercial Dispute
Commercial disputes can be a significant challenge for businesses. Such disputes can significantly impact a company's operations and bottom line, whether it's a disagreement over contract terms and conditions, fiduciary duties, or intellectual property rights. That's why it's essential to resolve these conflicts promptly and efficiently. Whether through court proceedings or alternative dispute resolution methods, finding a solution for all parties involved is crucial in maintaining healthy business relationships and ensuring long-term success. Contracts are an essential part of any business. Despite what people may think, most contracts do not require a formal written agreement to be legally binding.
Contracts can be enforceable even if they are agreed upon verbally or created through an exchange of emails or text messages. During a contractual relationship, various types of issues may arise. For instance, you may want to understand your options when one party does not fulfill their obligations under an agreement. Additionally, unforeseen events may alter the very nature of your agreement and require careful handling to avoid disputes and legal action.
Contractual Disputes include commercial contracts, promissory notes, shareholder agreements, agreements of purchase and sale for homes and land, and many others, such as:
Breach of contract is the most common dispute. It happens when one party fails to fulfill their obligations, causing damages to the other party and potentially allowing them to escape their obligations. Breach of Loan Agreements Breach of Agreement of Purchase and Sale Breach of Shareholder Agreements Breach of Construction Agreements Breach of Commercial Contracts/Leases Breach of Non-Competition Agreements Breach of Non-Solicitation Agreements Oppression Remedy
Personal Injury
Accidents and injuries happen every day. If you have been injured or have not received fair compensation, seeking legal guidance is crucial. Our services include: Motor vehicle accidents Slip and falls Household injuries Denial of disability claims and many others
Estate and Trust Disputes
Losing a loved one is never easy, and it can be even more complicated when family members disagree about the contents of the deceased person's Will. If you find yourself in this situation, it is important to remember that you are not alone. Seeking the guidance of a reliable litigation lawyer can be critical in helping you navigate the process and understand all your options.
Executors or estate trustees are responsible for the following:
Collecting the assets of the estate Administering the estate Calling for creditors to pay any outstanding debts Distributing the estate to beneficiaries; and Finally, fulfilling other duties as set out in the will
Common sources of estate and trust disputes:
Blended families and dependent relief claims Estate Trustee misconduct Trustee abuses of power Power of Attorney Challenges Accounting and Trustee compensation and expenses Joint accounts/property and beneficiary designations Inheritance Disputes Between Siblings
Small Claims Court
The Small Claims Court in Ontario has jurisdiction to hear cases concerning the recovery of money under various agreements. This includes unpaid accounts for goods or services, unpaid rent, and loans. The court can also accept claims for damages related to property damage, personal injuries, or breach of contract.
As of 2020, the monetary limit for the Small Claims Court has been increased from $25,000 to $35,000. This change has made the court process more affordable, straightforward, and efficient than the Superior Court. Moreover, the Divisional Court can now hear appeals on final orders in cases over $3,500 (excluding costs). This limit is an improvement from the previous limit of $2,500.
Landlord Tenant Dispute (LTB)
The Landlord and Tenant Board is facing significant delays, which can result in a considerable wait time before your case is heard. To ensure a successful outcome, following all necessary steps accurately and adhering to proper procedures is critical. Failure to do so can lead to your case being dismissed at the hearing, requiring you to start the process all over again, which can be time-consuming and expensive. To avoid such complications, we strongly advise consulting with our team before you proceed with filing your complaint.
When filing an application with the LTB, you can address a range of issues related to landlords and tenants, including eviction, rent increase, reduction or rebate, failure to pay rent, maintenance and repair, and any other matter that falls under the Residential Tenancies Act, 2006 (RTA).
The most common applications dealt with by the LTB are:
L1: Application to Evict a Tenant for Non-Payment of Rent and to Collect Rent the Tenant Owes,
L2: Application to End a Tenancy and Evict a Tenant or Collect Money,
T2: Application about Tenant Rights,
T5: Landlord Gave a Notice of Termination in Bad Faith and
T6: Tenant Application about Maintenance.
We also offer full representation, including: Legal advice on your case Completion and filing of forms Communication with your landlord or tenant Ongoing in-person, phone, or video support Representation in negotiations Hearing and evidence preparation Representation before the Tribunal Please refrain from filling out any forms related to the Landlord and Tenant Board. Filling out these forms inaccurately can result in severe legal consequences for tenants and landlords.
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