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Legal Blog:
Sep
30
2013
What is a motion?
A motion is a request to the court asking it for some type of order. Procedural motions affect the way a case is being handled, for example, compelling one party to respond to questions they refused to answer at examinations. A dispositive motion is a motion that, if granted, ends the case, such as a motion for summary judgment or a motion for dismissal
Continue Reading >Sep
27
2013
What is commercial litigation?
Commercial litigation is a type of civil litigation that involves business disputes. Most commercial litigation involves debtor – creditor claims, breach of contract, and other money related disputes.
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24
2013
What is mediation?
Mediation is an alternative to traditional litigation, but it also often takes place as a step within litigation. The parties to an action meet to try to negotiate a settlement. This dispute resolution method is usually less costly than a trial, if it is successful. Mediation gives the parties more control over the outcome of the case than taking a chance with a judge’s decision at trial.
Continue Reading >Sep
23
2013
What is litigation?
Litigation is the process of settling a dispute with the assistance of a court. Some cases are settled during the process prior to trial, and others are taken all the way to trial to be settled by a judge. The court oversees the various litigation steps along the way.
Continue Reading >Sep
19
2013
Can I start a lawsuit anywhere I want?
In order to bring a lawsuit against someone the court needs to have jurisdiction over the matter and the person. So, for example, you may not be able to sue in Ontario for breach of a U.S. contract by American parties. If you want to start a lawsuit in Ontario, the plaintiff chooses the Ontario court location. However, the defendant can ask the court to move the file to another court location if there is good reason to do so.
Continue Reading >Sep
18
2013
After I win a money judgment, do I get paid right away?
Usually the answer is no, unless the money has been paid into court (which is rare). If the defendant refuses to pay, there are several legal remedies available— such as garnishing wages and placing a writ on property.
Continue Reading >Sep
17
2013
Do I have to prove my civil claim beyond a reasonable doubt?
Proving a case beyond a reasonable doubt is applied to criminal cases, not to civil actions. Typically the standard in civil cases is lower, referred to as a balance of probabilities.
Continue Reading >Sep
16
2013
Will my civil lawsuit go to trial?
The vast majority of civil lawsuits settle before trial. Trials can be expensive, and often the parties decide to compromise in a settlement rather than take the risk of losing and pay the associated costs of a trial.
Continue Reading >Sep
13
2013
Should I start a lawsuit if I’m still negotiating?
You have to start a lawsuit within a set time after a wrong has been done (usually two years), or you can lose the right to sue. So even if the negotiations are going well, if the limitation period id approaching you will usually have to start an action to protect your rights and keep the negotiations moving forward.
Continue Reading >Sep
12
2013
What is an expert report?
Sometimes the bare facts of what happened are not enough for a lawsuit, an opinion regarding the impact of those facts may be necessary. Witnesses usually state facts (what they know to be true). Experts can give opinion evidence on what the results of those facts will be.
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