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Legal Blog:
Sep
11
2013
What happens if the defendant does not defend a lawsuit?
If a defendant ignores a statement of claim, then a default judgment can be made against that defendant, as long as they were properly served.
Continue Reading >Sep
10
2013
What are pleadings?
Almost every lawsuit starts with a statement of claim and is then defended with a statement of defence. These are the pleadings. The pleadings set out the main facts of the lawsuit, so that the other party knows what claim is being made, or what defence is being asserted. The pleadings set out the basic facts for the parties at trial as well. Pleadings can sometimes be amended during litigation if needed, but not always.
Continue Reading >Sep
09
2013
Who are the parties to a lawsuit?
Every lawsuit has at least one plaintiff, who starts the action. The defendant(s) are the people against whom the action is commenced. A party can be a person, the government, or a corporation.
Continue Reading >Sep
06
2013
What are the Rules of Civil Procedure of Ontario?
The Rules of Civil Procedure govern the way in which civil legal actions are conducted in Ontario. The Rules outline how actions are started, how they are defended, how evidence is exchanged, and how actions can be brought to trial. They ensure that the parties to a lawsuit all work with the same set of rules.
Continue Reading >Sep
05
2013
How long does it take to get to trial?
Every case is different. There are several stages to every case, and it can take a significant amount of time to bring a case to trial (if it goes that far).
Continue Reading >Sep
04
2013
What can I sue for in civil court?
Most lawsuits are for money only. This can be for breach of contract, or damages for an injury. Sometimes other remedies are available, and a court may order a person or business to either do something or stop doing something, such as fulfill the terms of a contract. This type of relief is less common than lawsuits for money alone.
Continue Reading >Sep
01
2013
Technicality (2)
In our newsletter of May 2011, we discussed the case of Juddav Designs Inc. v. Cosgriffe, a 2010 decision of a construction Master in the Ontario Superior Court of Justice. We commenced our discussion of the case by stating that, contrary to popular opinion, technicalities do not sway the ultimate result in a court action; rather, judges want to see a result that is just.
Continue Reading >Sep
01
2013
Costs
In a hotly contested construction dispute, legal fees and disbursements (together, “costs”) can be significant, sometimes approaching or even exceeding the money in dispute. Subject to some variation arising out of offers to settle, the general rule is that the losing party pays a portion of the costs of the winning party.
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