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Legal Blog:
May
16
2013
What is the statute of limitations?
The statute of limitations is legislation meant to stop people from suing other people over old matters. It gives a person certainty that they will not be sued in the future, so they can get on with their lives. It also forces the suing party to get on with the matter while it is fresh in the minds of witnesses, if that is what they are going to do. In Ontario, the main (but not only) limitation period is two years after the event happens or is discovered to have happened.
Continue Reading >May
15
2013
What is the difference between a criminal and a civil trial?
Criminal trials are conducted by government lawyers against people who are suspected of having broken the criminal code. Losing a criminal trial can sometimes land a person in jail or prison. A civil trial is usually between private citizens and does not involve the government unless the government is a party to the lawsuit. Usually the parties are fighting over money or property, and jail usually does not enter into the matter, except in cases of contempt of court.
Continue Reading >May
14
2013
When can I obtain default judgment against a defendant?
Pursuant to Rules 18.01 and 19 of the Rules of Civil Procedure, the plaintiff can move for default judgment 21 days after the defendant was served or deemed served with the statement of claim.
Continue Reading >May
13
2013
Is there a maximum amount that a creditor can garnish of a debtor’s wages?
If the debtor is an employee, under section 7(2) of the Wages Act, the maximum amount that can be garnisheed is 20% of an individual’s wages, net of all amounts that the employer is required by law to deduct. If the debtor is an independent contractor, the full amount of monies owed to the individual are subject to garnishment.
Continue Reading >May
10
2013
After obtaining judgment against a defendant, can I seize a defendant’s wages to satisfy the judgment?
If a plaintiff has knowledge of the defendant’s place of employment, he can issue a notice of garnishment against the defendant’s employer pursuant to Rule 60.08. The plaintiff must file a requisition for garnishment and an affidavit setting forth the information contained in the Rule.
Continue Reading >May
09
2013
How do I obtain judgment against a defendant who has failed to deliver a statement of defence in a claim for an unpaid invoice?
A claim on an unpaid invoice is a liquidated debt. As a result, the plaintiff may, pursuant to Rule 19.04(1), require the Registrar of the Court to sign default judgment by filing an affidavit of service of the claim and a requisition for default judgment.
Continue Reading >May
08
2013
How long do I have to serve a statement of claim on the defendant?
Pursuant to Rule 14.08 of the Rules of Civil Procedure, a statement of claim must be served within six months after it is issued. If the plaintiff is having difficulty locating or serving a defendant, prior to the expiry of the six months, he can obtain an order of the Court extending the time for service of the claim.
Continue Reading >May
07
2013
Does the other side in a lawsuit have to pay my lawyer if I win?
Usually (but not always) the winning side in a lawsuit will be awarded “costs”. The amount of the costs is at the discretion of the trial judge. The amount awarded will depend on a number of factors, such as whether the parties made offers to settle to each other that should have been accepted, when those offers were made, and how the parties have behaved, both before and during the course of the lawsuit. Costs awarded rarely cover a party’s full legal bill, and must be collected from the other side (who may not pay willingly).
Continue Reading >May
06
2013
Which documents do I have to produce in a lawsuit?
Each party has a duty to disclose all documents that have any relevance to the issues in a lawsuit. You are not allowed to “cherry pick” only the documents that help your case. You have a duty to disclose the bad with the good, and you must swear an affidavit that you have done so.
Continue Reading >May
03
2013
What are examinations for discovery?
The point of these examinations is for each side to “discover” all the relevant facts in the lawsuit. Each side produces a witness who has knowledge of the matter, and the opposing lawyer is allowed to ask any question that is relevant to the lawsuit. The discretion as to relevance is broad, and the questions must be answered.
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