Month: September 2018

SETTLEMENT More than nine out of every ten cases filed in the Ontario Superior Court of Justice are settled before going to trial. In these cases, the parties have decided that the risks and costs of a trial outweigh those…

AFFIDAVIT OF DOCUMENTS Preparing for trial begins as soon as your statement of claim has been filed in Court, if not earlier, and key to victory at trial—or a favourable settlement—is knowing what and where all of your evidence is…

TORT v. SABS If you have been injured in a motor vehicle accident in Ontario, there are two kinds of claims you can make to compensate for your losses: accident benefits and tort. Although you are legally entitled to bring…

SUING A CORPORATION Customers disappointed with goods, clients unsatisfied with services, visitors injured in buildings—all of them may be unhappy with the people they were dealing with, but ultimately their claim may be with the corporation behind them. Suing a…

SUBROGATED CLAIMS If you are involved with a personal injury claim, some benefits you receive will be subject to claims for reimbursement by the service providers. In insurance law, this right to reimbursement is known as subrogation, and it could…

ENFORCEMENT OF A JUDGMENT IN SMALL CLAIMS COURT A judgment in Small Claims Court is just a piece of paper until you take steps to enforce it. Collecting the money you are owed by court order can be sometimes be…

Most legal disputes never result in a claim being filed in court. Of those disputes that do go to court, very few of them—perhaps about 5%–actually go all the way to trial. Even fewer people are satisfied with the time…

MARIJUANA, POT, CANNABIS, MARYJANE Cannabis, Weed, Pot, Marijuana, Grass, Herb, Bud, Nugs, Skunk, Ganja, MaryJane…call it what you may, Canada will soon become the 2nd nation in the world to legalize recreational marijuana use. With the legalization of recreational marijuana…

COMMERCIAL DISPUTES What is Commercial Dispute Litigation? Commercial litigation is an umbrella term that covers a number of distinct business-related issues and disputes. For instance, contract disputes (a form of Commercial dispute) can arise in a number of situations —…

CONSTRUCTIVE DISMISSAL A constructive dismissal may occur when an employer makes a significant change to a fundamental term or condition of an employee’s employment without the employee’s actual or implied consent. For example, an employee may be constructively dismissed if…