In its simplest form, civil litigation can be defined as a legal dispute between two or more parties. In such disputes, the plaintiff party will commonly be seeking some type of damages (compensation) from the defendant party for a harm or injury they have suffered.

Generally, the party who begins the lawsuit will be known as the "plaintiff" throughout the initial trial process. On the other hand, the party being pursued will be referred to as the "defendant". The parties’ respective titles will be altered if an appeal is subsequently filed. During the appeal process, the initiating party will be referred to as the "appellant" while the other party will be known as the "respondent".

In order to initiate a lawsuit and commence the legal proceedings, the plaintiff must first file a pleading with the court, otherwise known as a "complaint". In response, the defendant will be expected to file with the court a pleading of their own, namely, an "answer".

Generally, the civil litigation process can be narrowed down to a set of seven stages. These stages include

1. the investigation,
2. the pleadings,
3. the discovery phase,
4. the pre-trial,
5. the trial,
6. the settlement, and
7. the appeal.

Of course not all civil lawsuits make their way through all seven stages. In fact, the majority of civil litigation cases ultimately end up being settled before ever making it to the trial stage.

Shortly after the plaintiff and the defendant have both successfully filed the "complaint" and the "answer" respectively, the discovery phase of the civil litigation process begins. During this discovery phase, both parties to the dispute are essentially expected to "discover" all the relevant facts regarding the particular case at hand. Specifically, this phase of the lawsuit may include, for instance, witnesses answering questions under oath or the exchange of relevant documents through affidavits.

It is often the case in civil litigation that the losing party will be required to pay the winning party's legal fees over and above any other type of damages the court may already have found them liable for.

A criminal trial is a legal process that involves the federal government (represented by the Crown Attorney or prosecutor) and a single, or group of individuals who are suspected of having committed one or many offences under the Canadian Criminal Code. Civil suits on the other hand, typically take place between two private or non-government parties for various reasons.

Essentially, a Statute of Limitations is a piece of legislation that encompasses a series of procedural rules that must necessarily be followed in order to file a valid legal claim against another party. The Statute dictates the amount of time a particular claimant has to file a lawsuit after the time of the injury or incident in question. If you fail to respect the time limitations set out in the statute you will be barred from brining an action in court. Currently, the Ontario Limitations Act allows a two-year period to file a "complaint" with the court from the day the claim is discovered. All legal claims are subject to this time limitation unless otherwise specifically provided for in the statute.

A counterclaim is a claim that is filed by the defendant against the plaintiff in an existing action. Essentially what this means is that the defendant in action A is making his own claim against the plaintiff. A cross-claim is different in that it is an action, which is brought between co-plaintiffs or co-defendants in an existing action.

A Small Claims Court Plaintiff’s Claim must be issued to the jurisdiction where the defendant resides or where the cause of action occurred.

Small Claims Court changes starting January 2010:

Effective January 1, 2010, Small Claims Court changes made by the Small Claims Court of Ontario include:

1. Limit increase from $10,000.00 to $25,000.00 for the monetary limit to bring a claim in Small Claims Court.
2. Serving plaintiff’s claims must be served by personal or alternative to personal service. Personal service means either you or someone acting on your behalf will hand the document to the party (such as the defendant). Claims may not be mailed to the defendant unless it is to obtain the signature of the defiant.
3. Serving notices of examination also must be served by personal or alternative to personal service. Notices of examination may not be mailed to the debtor.

For more information, visit the Ministry of the Attorney General’s website and review their "Small Claims Court Guide to Serving Documents" and "Before Making a Claim in Small Claims Court" publications.

There are many benefits to having a professional process server to serve the plaintiff’s claim or statement of claim in Small Claims Court and Superior Court. Having a process server deliver the document can help you avoid unexpected conflicts that may erupt between the defendant and you should you try to serve the document in person. It is also more difficult to prove yourself to the court should the defendant disputes your delivery of the claims. As such, judges often recognize the process servers who can serve documents in a proper manner.

We are able to serve court documents in [areas to be named] day and night. The documents are usually dropped off within 24 hours of receipt with one or two attempts. After the documents have been successfully served, we will call or email you depending on the information you provided to us.

As of December 15, 2009, section 124 of the Courts of Justice Act stating "No document shall be served and no order shall be executed on Sunday, except with leave of the court" was repealed by the Good Government Act of 2009. As a result, the service of court documents can now be effective any day of the week.

Upon one's death, if no will has been properly written then all of one's assets will necessarily find themselves at the mercy of the rules of intestacy. The rules of intestacy are a type of default rule, which apply to the distribution of the assets of those who die without a Will. These rules offer very little discretion or flexibility. In order to avoid the application of these rules to your assets, one must ensure that they leave behind a valid written Will.

If properly executed, a Will is simply a written legal declaration by an individual (known as the testator) through which that individuals’ wishes regarding the distribution of their assets upon their death are articulated.

When the term "estate" is used in situations involving a Will, it is generally understood that the term means all of a particular persons assets including legal rights, interests and entitlements to property minus all their liabilities.

Essentially, as long as you own something, whether it be a bank account or something as simple as a piece of furniture, then an estate is created upon your death.

If you die without a Will, then the rules of intestacy will apply and will determine who will get your assets and how they will be distributed amongst those people. So even if your estate is minute, if you care at all how your assets will be dealt with, then you must have a written Will.

The requirements that must be met for a Will to be valid are fairly straightforward. A Will can contain virtually any asset belonging to the testator and these assets may be distributed to any person named in the Will. All that is legally needed in order to meet the validity requirements is that the Will be in writing and that it be dated and signed in the presence of two witnesses. If those requirements are fulfilled, then the Will is legally valid.

A Will is a private document, however, this may be altered upon one's death. Where a Will is contested or where probate is obtained, then the Will becomes part of the Court system and inevitably becomes public.

Essentially, probate is a court process that begins after the testator passes. Throughout the probate process, the transfer of the testator's property is sorted out. The court will verify whether or not the Will is valid and it will also determine whether or not the executors name in the Will actually have legal authority to act. Court and lawyer fees are usually covered by the testator's estate.

Yes and no. You cannot simply cross out or otherwise alter the original Will. In order to bring changes to a Will you must use a separate document called a codicil, which must also be signed and witnessed like the original Will. If major changes are required, it may be more prudent to make an entirely new Will.

A Power of Attorney is a type of legal documentation that essentially gives one or more named persons the legal authority to act on the testator's behalf. When a testator appoints someone to make decisions for them regarding their finances or their property this is referred to as a Continuing Power of Authority for Property.

Giving a Power of Attorney or a Continuing Power or Attorney for Property is in no way mandatory and many people never actually sign one. The risk in not assigning one however is that upon your death, if no specific person is given the POA then the government will be able to simply appoint whom ever they see fit to make certain decisions for you. The safest bet is to appoint someone you feel you can trust to carry out your wishes.

If you have a valid Will, then upon your death, the estate will be distributed pursuant to the directions left in your Will. On the other hand, if a person passes without a valid Will (intestate), the Ontario Rules of Intestacy will come into play and dictate how assets will be distributed. The Rules of Intestacy state that where a person dies intestate their estate will be distributed as follows:

• the first 200,000$ to a living spouse
• anything over and above the first 200,00$ to the living spouse and children If there is no living spouse, then the estate will go first to the children of the deceased. If there are no children, then the estate will go to the parents of the deceased. If the testator's parents are not living, then the estate goes to the deceased's siblings and their children. This is only to give a general idea of how an intestate person's estate will be distributed. For a more specific account, reference should be made to the Ontario Succession Law Reform Act R.S.O. 1990, CHAPTER S. 26.

The Estate Trustee is often referred to as the Executor or the Will or estate. The Estate Trustee is a person or persons named by the testator in their Will who is appointed to see that the testator's final wishes are duly executed. As an Estate Trustee, you will be responsible for both the administration and distribution of the property of the deceased testator. In addition, you will be legally accountable to both creditors and beneficiaries of the estate.

Getting your Estate Trustee to-be's permission to appoint them as such is not required but is strongly recommended. Fulfilling one's duties and obligations as an Estate Trustee can often take up to a year and can actually be quite time consuming. This being so, it would be beneficial to both parties if the potential Estate Trustee was told in advance so that he may either have an opportunity to refuse the position or alternatively, prepare for the task.

A corporation is a legal entity that is separate from its owners (its shareholders). A corporation is considered a legal person and may own property, carry on business, possess rights and incur liabilities all on its own account. The shareholders own their corporation through their ownership of shares.

As the shareholders of the corporation are not personally responsible for its liabilities, this makes it very attractive for a business owner. In addition, since a corporation is a distinct legal entity, it continues in existence regardless of the death of a shareholder or a transfer of his or her shares. Finally, the corporation itself pays tax on its income at a lower rate than the individual tax rate. For all of these reasons, the corporation is the most commonly utilized structure for a business. However, as it is a separate entity, any losses incurred by the corporation cannot be set off against other personal sources of income of a shareholder. There are also the costs of incorporating and maintaining the corporation to consider. In most cases, the benefits of incorporating far outweigh the drawbacks.

The phrase "joint venture" is a vague term that encompasses many different business arrangements, whereby two or more persons combine resources (be it goods, services, or capital) to conduct a commercial venture together. It has no recognized legal existence in and of itself. It is sometimes acquainted with a partnership or on other occasions refers to an association of two or more persons for a limited purpose where the parties expressly intend not to be considered partners.

A dividend is an amount that is paid by a company to its shareholders. A dividend is taxed at a lower rate than salaries or bonuses, as the dividend is paid by the company with after tax money. A company is not obligated to pay a dividend and can only do so if it has the financial means to do so. A share may or may not entitle its holder to receive a dividend and different classes of shares may pay a higher, lower or no dividend at all. A dividend can be paid in cash, in shares or in property.

Corporate laws require that an annual meeting of the shareholders be held each year and that the shareholders elect the directors of the company for the upcoming year. In addition to this, the directors will approve the financial statements of the company and present them to the shareholders at this meeting. Lastly, the shareholders will appoint an auditor or accountant and ratify the decisions of the directors of the company. The directors on the other hand will appoint officers to assist them and carry out any other matter required by law.

Yes, there are no restrictions as to where a provincial company may operate and a company incorporated in Ontario or any other province can carry out business in any province of Canada.

Yes, there are no restrictions as to where a provincial company may operate or carry on business and a company incorporated in Ontario can be used to do international business such as import and export.

The main advantage of a federally incorporated company is that it may establish its head office anywhere in Canada and may change its head office to any other province in Canada. A provincially incorporated company can only have its head office in its province of incorporation.

An officer is a person that is appointed by the directors of the company to carry out the day-to-day tasks of a company. Officers are often given commonly used titles such as president, vice-president, secretary and treasurer. The functions that each officer may carry out are usually detailed in the general by-laws of a company.

The shareholders of a company elect the directors of a company. Directors adopt resolutions and enact by-laws. They make the company's major decisions such as naming the persons responsible for the banking affairs of the company, they sign resolutions to authorize officers and other representatives to sign documents on behalf of the company and they adopt by-laws that set out the rules and procedures for the administration of the company. Directors appoint officers to help them carry out their functions.

For a company incorporated in Ontario or federally the minimum number of directors is one and there is no maximum. Generally articles of incorporation provide for a minimum and maximum number of directors. This is done to allow some flexibility in the number of directors and avoid having to file articles of incorporation each time there is a change in the number of directors.

The Ontario act has been recently amended to reduce the Canadian residency requirement for corporations in most sectors to 25%, except when there are fewer than four directors, in which case at least one must be a resident Canadian.

In general, if there is less than four or only a sole director, then this director must be a Canadian resident. Otherwise, 25% of the directors need to be Canadian residents. There are exceptions to this rule that may be provided by specific laws and statutes so this may change depending on the sector or activity of the company.

A shareholders agreement is an agreement entered into by two or more of the shareholders of a company that may address matters relating to the sale and transfer of the shares, the administration of the company, the exercising of voting rights, the election of directors and many other aspects. A shareholders agreement is a bit like a marriage contract or a partnership agreement. A shareholders agreement is called unanimous if it is entered into by all the shareholders of a company, in which case it is binding on any future purchaser of the shares providing the share certificates clearly indicate this fact.

No, the company name will protect against the registration of an identical company name in Ontario and even then the governmental authorities make no guarantee this. To protect your company name across Canada, you need a trademark.

As a general rule, the shareholders of a company are not responsible for the debts of an incorporated company. This is one of the prime advantages of incorporating. You may however be personally liable for debts resulting from fraud or abuse of law, debts which have been personally guaranteed by yourself or, if you are a director of a company, taxes and penalties owing to governmental authorities, such as unpaid sales taxes or deduction at source.

No, the purpose of a personal guarantee is to protect the creditor if the principal debtor goes bankrupt or does not fulfill its obligations. As such, you will be responsible for all debts which you undertook to personally guarantee.

Yes. Our legal staff consists of well trained paralegals and lawyers licenced by the Law Society of Upper Canada.

Yes. Every ticket comes with a registered conviction if you have disobeyed the Highway Traffic Act, albeit in some cases it may be possible to avoid a registered conviction, call us for more details.

Demerit points are accumulated by being convicted of driving offences, they take two years to expire from your licence. New drivers can accumulate no more than 9 demerit points, and full "G" drivers can accumulate up to 15 (at 9 points on a "G" licence the ministry may chose to have a formal meeting to discuss your situation). Different offences carry different demerit weight depending on the seriousness of the offence. To view the entire list of traffic offences that render demerit points click here.

Arguing an unfair charge is your right as a resident of this country. The evidence police officers bring to court is often rejected and by carefully cross examining officers and finding faults in their testimony we will make sure you win your case.

Yes. If the reason for your absence was beyond your control then the court may "reopen" your file and schedule a new hearing. It is always wise to schedule a consultation with a licenced lawyer or paralegal if this is your situation. Trying to reopen a closed case on your own without prior legal experience may cost you more time and money than hiring a professional.

Yes. But the process and requirements for an appeal are varied and time sensitive. The best thing to do is schedule a consultation ***link*** and review your options with one of our paralegals.

If you do not pay your entire fine by the date specified on your ticket there is a chance of you being convicted. Conviction demands payment of not only your fine but also other legal fees and charges. Failure to pay the fine even after conviction can lead to many adverse actions including suspension of licence and Refusal by the Ontario Ministry of Transportation to issue a vehicle permit, among others.

1. A ticket that is issued to an individual (minor traffic matter)
2. Parking tickets (parking matter)
3. A summons (including a court date)

Tickets can be issued by many agents, including:

• Tickets can be issued by many agents, including:
• City By-law Enforcement (Toronto Public Health, Municipal and Licensing and Standards officers)
• Toronto Fire Services
• Toronto Police Service
• Ontario Provincial Police
• Ministry of Transportation
• Ministry of Environment
• Ministry of Labour
• Ministry of Natural Resources
• Ministry of Health
• Workplace Safety and Insurance Board
• Go Transit
• T.T.C.

Yes. Tickets issued in any other province in Canada as well as both New York and Michigan state in the USA are your responsibility even if you leave the jurisdiction where they were issued. Pay very careful attention to the instructions on the back of your ticket, if you have any stipulations call a professional immediately.

Not necessarily. The nature of the mistake is of importance. If it is just a small error in the spelling of your name and can be easily amended in court, then your ticket is still valid. Sometimes vital information can be botched and your ticket has a chance of being void, but this is case-relative and still needs to be argued in court, you can not just assume a ticket is invalid until it is officially pronounced invalid by a judge.

Technically yes. The conviction is retained on your driving record forever, BUT insurance companies only have access to your record for the past 3 years. Other bodies like courts naturally have full access to your entire driving record but that can in no way influence insurance rates. Also don’t get tickets confused with demerit points, as those disappear permanently off your record after 2 years.

NO! This is an untrue fraudulent urban legend that states that if you send in a cheque for more than the amount you are required to pay for the traffic fine, they will issue you a refund cheque for the extra amount and your ticket case will remain open indefinitely if you do not put through that refund cheque. We would like to stress how incredibly untrue this is, and that once you are found guilty of an offence under the Highway Traffic Act it can and will remain on your permanent record forever. So take great care of your tickets and try to avoid unnecessary charges. It is better to fight an unfair ticket than bear the burden of a convicted offender for the rest of your life.

For this matter it would be wise to consult your insurance provider directly. Different companies have different responses to only one ticket, and this reaction also depends on the particular insurance package that you are using.

Absolutely. There are two types of radars used by police to record the speed of moving vehicles. One is stationary, and the other is affixed to the police car. The latter is calibrated to recognize the speed of the police vehicle and the speed of the passenger vehicle, thus calculating the rate at which you were speeding. This is very solid evidence that can and will be used against you in court.

Yes. But in some instances we can do the dirty work for you. Just lie back and let the licenced professionals make that yellow slip of paper disappear.

Possibly. If you are convicted of any criminal offence in Ontario, including breaking the rules of the Highway Traffic Act, you will have to face a court supplied with a judge, and depending on the seriousness of the offense you may face jail time as a consequence of your actions.

This is highly inadvisable. Representing yourself in court with little or no legal experience often leads to disaster. The reason legal personnel exist is so that you can rely on their wealth of knowledge and experience to win your case.

Because it is more important to avoid criminal charges and demerit points on your PERMANENT record than it is to save a few bucks.

Not if you hire a paralegal. There are certain times when it is possible to avoid going to court, or just having one of our team members represent you instead.

Most people are scared and traumatized immediately after a car accident. They might even be in a state of shock and not thinking clearly. although you may have not think about it, but it is vital that important information at the scene is properly documented. Here is a checklist of things you can do after a car accident that can help you if you’re going to launch a lawsuit or take other legal steps against the other party.

1. Get the other drivers name, license, license plate and insurance information.
2. Obtain contact information for any witnesses including names.
3. Photograph the damage.
4. Capture any visible physical injuries.
5. Notify the police/insurance company, file the required necessary.
6. Write down how the accident happened and any physical pains you are suffering.
7. Keep notes about discussions you have about what happened.
8. Write the names of people you speak with.
9. Confirm the essence of any discussions with an insurance adjuster by e-mail or letter.
10. Talk with a lawyer immediately if you’re hurt about your options and important information. Ideally, speaking to a lawyer should come before providing a statement to any insurance adjusters.

You must not be wary and proceed to consulting your insurance company. There is "uninsured and unidentified" coverage available under many car insurance policies. If insurance is unavailable, it might be possible to claim through a government system known as the Motor Vehicle Accident Claims Fund. Take a look at this option before you proceed any further into legal action. It is important to seek legal help with such a case because you may be entitled to claim benefits.

Consult legal council immediately. There are time limits you may have to start a claim. Claiming accident benefits and investigating how an accident happened are all critical to your claim. Call and talk to us at +1 (416) 667 7577 to discuss what your time limits are and how to take the next step.

A catastrophic injury has many categories and is quite complicated. You need to talk with a lawyer or paralegal so that we can determine if you are eligible under that category, and if so, make sure that you receive the full benefit. If you meet the definition of "catastrophic injury" (also known as "catastrophic impairment"), you are then eligible for $1 million in attendant care benefits and $1 million of medical rehabilitation benefits in addition to ongoing entitlement to other benefits. Even if you do not meet the definition immediately, our lawyers can assist in ensuring you will meet the definition at a later date.

Even though the accident had happened a long time ago, it is still possible to file for legal action. Chronic pain and distress are extremely pivotal in a motor vehicle accident law suit. If such severe conditions do exist, contact us immediately and we will help your family member attain the maximum benefits that they are entitled to.

You or any family member providing supervision should be paid for your services.our lawyers and paralegals can help get you paid by arranging the proper assessments.

Yes, men or women that provide for their family by taking care of the children and the home but are not on a paid salary are eligible for certain care giving benefits in addition to housekeeping assistance. You need to make an appointment with us to find out how to make this kind of claim.

Yes, schedule a meeting with our legal team. It is possible to launch a civil law suit against his disability carrier. In addition, our firm may be able to provide an interpreter in the language that your father does speak, and all of our team members are themselves multi-lingual. Trust DH Litigation to make this procedure as easy and as comfortable as possible.

Yes, it is possible to make claims for income loss, not just in the past but also for the future, as well as claims for your pain and suffering. DH Litigation can set you up with a vocational expert that will either assist you in identifying alternative careers that you might be able to do, or obtain necessary medical reports from experts so that you can obtain full compensation for loss of income into the future.

In some cases you can file a law suit against a particular individual that has caused you harm. In others you may file for benefits that are also sometimes covered by insurance. These situations may include:

• accidents involving cars, motorcycles, planes, boats, trains, snowmobiles, ATVs and other motorized vehicles including public transportation;
• slips and falls on public or private property;
• injuries caused by defective products;
• medical negligence;
• assaults.

Even if you are at fault for the accident and are injured in an automobile, snow-mobile, ATV, motorcycle or dirt bike accident, you may be entitled to certain benefits, usually paid by your own insurance company. Depending on the circumstances of the accident, you may also be entitled to benefits from other sources. Contact our office to see what options are available to you.

If you are unsure of whether you have a solid basis for a claim, it is imperative to consult a legal firm as soon as possible because there are strict time limits and deadlines that must be met in order to avoid delays or disqualification from obtaining financial compensation. Our initial free consultation is the quickest and surest way to do this is to consult with one of our lawyers. You will find that the assistance of our experienced personal injury lawyers is informative and helpful as well as compassionate.

Yes. You can claim either Accidental Benefits (which is a suit against your own insurance company or the insurance company of the person who caused the motor vehicle accident) or you can file a tort claim (which is a civil law suit against the other driver). These are two very distinct choices and there are both benefits and costs associated withe each one. In order to unsure a successful claim seek the help of a licenced legal professional immediately.

This is a very common question that is extremely case-sensitive. In order to find out how much financial compensation you are entitled to come in and speak with one of our experienced legal team members.

Yes. There are several avenues through which it is possible to get personal injury compensation even if you do not have valid car insurance.

In a situation like this it is possible to claim health benefits even when no one is directly at fault. The owner of the property may have been negligent and as a result conditions were created that were dangerous to passers by.