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Legal FAQs
Disclaimer of Liability: The Legal FAQs are intended to provide helpful general information; however, it is not legal advice. You must consult a lawyer if you have a specific legal question or issue that requires an answer.
Oct
07
2013
What is a trustee in bankruptcy?
A trustee is defined as “a person licensed by the Superintendent of Bankruptcy to administer bankruptcy and proposal estates.” The trustee is an officer of the court, and has an obligation to assist both creditors and debtors to ensure fair bankruptcy or proposal proceedings.
Continue Reading >Oct
04
2013
What is the applicable bankruptcy law in Canada?
The applicable bankruptcy law in Canada is The Bankruptcy and Insolvency Act, R.S.C., 1985, c. B-3.
Continue Reading >Oct
02
2013
I am being sued on a contact I drafted myself. Is that a problem?
Many businesses draft their own contracts. Most of the time it is not a problem, until something goes wrong with the contract work. Often non-lawyers who draft contracts will fail to think of various issues and scenarios that can lead to conflict. Or they will draft language that is unclear or contradictory. If you need a contract which will hold up in court and has all of the appropriate provisions, then it is best to hire a lawyer to draft it or at least review it.
Continue Reading >Oct
01
2013
What is an appeal?
When a party does not like the decision of a lower court, that party will often have the right to appeal that decision to a higher court. Appellate courts give wide discretion to trial courts with regard to their findings of fact, so sometimes there is little point in appealing, unless an error in law has been made.
Continue Reading >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.
Continue Reading >Sep
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.
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