
Legal Blog: Civil Litigation
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 >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 >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 >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 >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 >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 >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 >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 >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 >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.
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