At DH Litigation Assist, we believe strength is gained through knowledge. We are proud to provide the following online legal resource, available to you 24/7. Whether you are on the go looking for a court number, need to clarify a service disbursement, or would like to know more about the commencement of legal action, DH Litigation Assist strives to become your first step in legal aide.
DH is proud to offer qualified licensed Paralegals with a wealth of positive attitudes and professionalism to provide top quality assistance for all of your legal needs. Our dedicated team of experienced legal professionals has the in-depth knowledge of all legal requirements within each jurisdiction, as well as the legal expertise necessary to succeed in your legal matters. We provide innovative legal solutions, excellent legal representation, and a dedication to the highest results in each individual case.
For more delicate matters, a licenced Paralegal (LSUC) is available at the rate of $150/H. A request should be placed 24h in advance if such service is necessary.
SUPERIOR COURT OF JUSTICE - Phone Numbers - 393 University Ave. Toronto Ontario
|Civil General Office||416-327-5440|
|Construction Lien Office||416-327-5481|
|Family Law Motions||416-327-6192|
|Family Law Office||416-327-5542|
|Sheriff’s Office (Enforcement)||416-327-5600|
|Sheriff’s Office ( Garnishment)||416-327-5575|
|Sheriff’s Office (Seizure and Sale Filing)||416-327-6860|
SUPERIOR COURT OF JUSTICE - Fax Numbers - 393 University Ave.
|Family Law (Appointments)||416-327-5463|
SUPERIOR COURT OF JUSTICE - 330 University Ave. Toronto
|Civil Trial Office||416-327-5320|
|Commercial Court Office||416-327-5043|
SUPERIOR COURT OF JUSTICE - Fax Numbers - 330 University Ave.
|Civil Trial Office||416-327-5697|
|Assessment Bank, Commercial Court & Estate Office||416-327-6228|
SUPERIOR COURT OF JUSTICE - Phone Numbers - 361 University Ave. Toronto
MISCELANEOUS TORONTO COURT - Phone Numbers
|Court of Appeal Office||416-327-5020|
|Divisional Court Office||416-327-5100|
|Family Court (47 Sheppard Ave. East)||416-326-3592|
|Family Court (311 Jarvis St.)||416-326-3592|
|Small Claims Court||416-326-3554|
MISCELANEOUS TORONTO COURT Fax Numbers
|Court of Appeal Office||416-327-5032|
|Divisional Court Office||416-327-5549|
COURT PHONE NUMBERS FOR OTHER JURISDICTIONS
|Burlington Small Claims||905-637-4125|
|Oakville Small Claims||905-842-8380|
|Richmond Hill Small Claims||905-737-4416|
- Bora Laskin Law Library
- Canadian Human Rights Tribunal
- Consolidated Laws Of Ontario
- Court Fees
- Court of Appeal
- Family Law Rules and Forms
- Federal Court Of Canada
- Interest Rates
- Law Dictionary
- Law Library York University
- Legal Aid Ontario
- Legislative Assembly Of Ontario
- List of court Addresses
- Ministry of the Attorney General
- Ministry of the Attorney General (Feedback)
- Ontario Court of Justice
- Ontario Court Services (Main Page)
- Postal Code Look up
- Prejudgment And Postjudgment
- Publications Ontario
- Rules of The Small Claims
- Small Claims Court Information
- Statutes And Regulations Of Ontario
- Superior Court of Justice
- The Children's Lawyer
- The Law Society of Upper Canada
- The Supreme Court of Canada
|Claim, Crossclaim, Counterclaim, Third Party Claim Under $6000||$75 + HST|
|Claim, Crossclaim, Counterclaim, Third Party Claim Over $6000||$181 + HST|
|Issuing a Certificate of Action||$104 + HST|
|Filing of a Trial Record||$339 + HST|
|Statement of Defence||$104 + HST|
COURT OF APPEAL
|Notice of Appeal (Final Order)||$259 + HST|
|Perfecting an Appeal||$201 + HST|
|Application of an Estate Trustee to Pass Accounts||$322 + HST|
|Application other than to Pass Accounts||$173 + HST|
|Assessment of Costs (Incl. Certificate)||$46 + HST|
|Certificate of Estate Trustee||$75 + HST|
|Deposit of Will of Codicil for Safekeeping||$20 + HST|
|Notice of Objection||$69 + HST|
|Answer||$125 + HST|
|Answer with Divorce||$157 + HST|
|Application||$157 + HST|
|Application with Divorce (Includes $10 Clearance)||$280 + HST|
|Appointment to Settle an Order with Registrar||$104 + HST|
|Assessment of Costs (Party to Party)||$104 + HST|
|Assessment of Costs (Solicitor & Client - as Client)||$144 + HST|
|Assessment of Costs (Solicitor & Client – as Solicitor)||$75 + HST|
|Bulk Sales Affidavit||$75 + HST|
|Copies of Documents||$2 + HST|
|Default Judgement||$127 + HST|
|Jury Notice||$104 + HST|
|Motion (Bankruptcy)||$50 + HST|
|Notice of Appeal (Interlocutory Order #393)||$181 + HST|
|Notice of Appearance||$102 + HST|
|Notice of Intent (Statement of Defence)||$144 + HST|
|Notice of Motion/Orders on Consent||$127 + HST|
|Obtaining Copies of Documents for Certification||$4 + HST|
|Retrieval From Storage (Cooksville)||$61 + HST|
|Settlement Conference||$127 + HST|
|Transfer of Documents (not incl. transportation costs)||$75 + HST|
|Trial Record (Set Down)||$337 + HST|
|Notice of Garnishment||$115 + HST|
|Statement of Claim (Notice of Action/Application)||$181 + HST|
|Statement of Defense (Counterclaim)||$181 + HST|
|Summons to Witness||$22 + HST|
|Third Party Claim (Counterclaim)||$181 + HST|
|Writ of Execution (Seizure and Sale/Possession)||$55 + HST|
|Certificate of Judgement||$19 + HST|
|Copies of Document||$2 + HST|
|Notice of Garnishment||$100 + HST|
|Obtaining Copies for Certification||$3.50 + HST|
|Statement of Claim (Defendant’s Claim)||$75 + HST|
|Statement of Defense||$40 + HST|
|Frequent Claim||$145 + HST|
|Summons||$19 + HST|
|Writ to Issue||$35 + HST|
Legal actions are comprised of the following stages, which often overlap each other.
1. Pleadings - where the issues are set out in writing
"Pleadings" is the name given to the set of physical documents in which each party sets out the facts that support its position in the action. These are very valuable papers as they define the issues in the litigation process and determine the scope of relevant questions at the discovery and at the trial. They are usually the only source of information about the case that the trial judge has access to prior to the commencement of the trial.
The first pleading in an action is a statement of claim. The statement of claim is a written description which outlines the nature of the plaintiff's claim against the defendant and the essential facts on which the claim is based. It must also include a specific monetary amount for damages claimed against the defendant.
The lawsuit begins when the statement of claim is taken to a court office (or sent electronically) and formally "issued". This process involves assigning a court file number, payment of a filing fee and placing a copy of the statement of claim in the court file. Once a statement of claim is issued, it (and other pleadings when filed) becomes available for inspection by the general public.
Where time is so short that it is not possible to prepare a statement of claim it is also possible to prepare and issue another document known as a notice of action which contains a very brief description of the claim. However, the plaintiff must then prepare a statement of claim with further details.
A statement of claim must be served on all defendants within six months of being issued. While it is in theory possible that a defendant would learn about an action on its own, the defendant usually first learns of the action when served with the statement of claim. We usually use a professional process server to effect service of the statement of claim on the defendant.
Assuming that the defendant does not dispute the jurisdiction of the court or does not wish to bring a motion to challenge the statement of claim on other technical grounds, the defendant responds with a document called the statement of defence. This document contains the facts which the defendant relies on in the effort of resisting the plaintiff's claim.
The time for serving a statement of defence on a plaintiff’s lawyer, or where the plaintiff is acting in person on their own behalf, depends on the place where the defendant was served by the plaintiff. There are time limits for these actions in different jurisdictions, and the time limits are set out on the first page of the statement of claim as follows:
- defendants served in Ontario must serve and file a statement of defence within 20 days of service of the statement of claim on them
- defendants served in another Canadian province or in the United States must serve and file a statement of defence within forty days
- defendants served elsewhere in the world must serve and file a statement of defence within sixty days.
An additional ten days extension is available by serving a document known as a "notice of intent to defend". This document merely indicates that the defendant intends to defend the action. Most notices of intent to defend are filed by a lawyer on behalf of the defendant.
Unlike the process of filing a statement of claim, a statement of defence does not have to be "issued" in the court office, although a paper copy (or an electronic notice of the paper copy) must be filed with the court office directly.
Often, the defendant has a claim against the plaintiff. This claim is asserted by way of a counterclaim and is included with the statement of defence in a singular document entitled: "a statement of defence and counterclaim". As long as the counterclaim is being made only against existing parties to the action, it does not need to be issued and filing a paper copy (or the appropriate electronic notice) is sufficient. Where the counterclaim involves additional persons or corporations who are not already parties to the action, the counterclaim must be issued in the court office in person.
Where a defendant wishes to file a claim against a co-defendant, this claim is contained in something called a crossclaim. If a defendant disputes the crossclaim of a co-defendant, the defence is contained in a document called a defence to crossclaim. A crossclaim or defence to crossclaim does not have to be "issued" in the court office, although a paper copy (or electronic notice of it) must be filed with the court office.
In some cases, the plaintiff is able to file a further document called a reply which deals with any new issues raised in the aforementioned statement of defence. A reply does not have to be "issued" in the court office, although a paper copy (or electronic notice thereof) must be filed with the court office.
If the defendant has served a counterclaim on the plaintiff, the defence containing the facts upon which the defendant relies in refuting or denying the plaintiff's claim is called a "defence to counterclaim". Where the plaintiff intends to serve a reply as well, both are combined in one single document, which is called a "reply and defence to counterclaim". A defendant who has served a counterclaim also has the right to serve a reply to defence to counterclaim in the appropriate circumstance. A defendant who has served a crossclaim on a co-defendant which has been defended also has the right to serve a reply to defence to crossclaim in the appropriate circumstance.
Where there are third parties in involved in the process, they are entitled to file what is called a third party defence. Subsequent parties have similar rights. In addition, each third or subsequent party can serve a statement of defence to any prior claim at other levels in the action. For instance, this would allow a third party to defend and resist the plaintiff’s claim against the defendant with any facts or defences not pleaded by the defendant.
The aforementioned documents, as served in the legal action, are bound together into a document called the "trial record". The trial record is filed by the party who sets the action down for trial.
2. Mediation - where there is an early attempt at facilitated settlement
Mediation is a form of alternative dispute resolution. For actions in the legal municipalities of Toronto, Ottawa and Windsor, all the parties involved must attend at least one mandatory mediation session. In Simplified Procedure cases, only those cases selected by the court are subject to mandatory mediation. The parties are given a short period of time to select a mediator of their choosing, failing which, the court will appoint a mediator from a roster of authorized mediators approved by the government.
The costs of the mediation process are shared equally among the parties. A half day mediation session currently costs $600 + HST plus applicable taxes such as GST. In some cases, there is also a small additional charge for the rental of facilities. If the parties choose their own mediator, the costs can possibly become much higher. The parties are required to file a statement of issues, together with other relevant documents and expert reports, prior to the mediation session.
At the mediation session, the mediator will act as a facilitator to attempt to have the parties resolve their dispute. Current statistics suggest a settlement rate of approximately 50% at the mediation, or shortly thereafter. Mediators have different styles and approaches to this process and often bring special expertise or experience in a specific practice area.
3. Discovery of Documents - where the existence of relevant documents are disclosed
4. Examination for Discovery - a pretrial examination of a party (not available in Simplified Procedure cases)
Once the pleadings have been exchanged, the next stage in the process is called "discovery". There are actually two aspects to the discovery process. The first is the discovery of actual documents which is available in every action. All parties involved prepare a list of documents relevant to the issues in the action and verified by an affidavit confirming that the party in question has listed all relevant documents. This is called an "affidavit of documents".
The second aspect of the discovery process is called an examination for discovery. This involves the testimony of all the parties, (or a representative in the case of partnerships and corporations) taken under official oath in the presence of lawyers for all parties.
A court reporter makes a detailed verbatim record of the orally expressed questions and answers. This is available in all cases except those functioning under the simplified procedure. Discovery is one of the most important parts of the litigation process and there is a separate discovery guide available for a more detailed explanation of this step in the litigation process. it is also important to note at the juncture that examination for discovery is not permitted under the simplified procedure.
5. Motions - pretrial hearings on specific issues
Motions are a type of interim proceedings that are used to resolve a specific aspect of the litigation. They can vary from very simple motions made in writing to very complex and costly contested motions.
They are used in a wide variety of situations in an action. For instance, they are often used to obtain temporary relief until trial (a motion for an injunction), to challenge the pleadings of the other party (a motion to strike out a pleading as disclosing no reasonable cause of action or defence), to require the opposite party to comply with obligations under the rules (a motion to require the other party to answer proper questions on an examination for discovery) or to deal with procedural relief (a motion to change the place of trial).
6. Pretrial - a settlement and trial management conference with a judge
After the successful completion of the discovery process, one of the parties will set the action down for trial. This is an integral administrative step which signals the court that the case is ready for pretrial and trial. Once the case has been set down for trial, the court will schedule a pretrial conference. In simplified procedure and case management cases, the pretrial date is scheduled automatically by the court.
A pretrial conference is conducted by a judge (who cannot be the judge at the trial) with the lawyers present for all involved parties. The pretrial judge tries to arrange a settlement, or, if the matter cannot be settled, they will try to get admissions and take steps to try and streamline the trial. In Toronto, the involved parties are not required to attend the pretrial process. Outside the jurisdiction of Toronto, the practice varies with the region or presiding judge. In all cases, clients should be available by telephone to give instructions regarding settlement or other matters.
7. Trial - the hearing in which a judge will decide who wins
If the case was not settled at the pretrial conference, it will proceed to trial. Trial scheduling practices vary by judicial region. In Toronto, there are Trial Scheduling Courts and in other centres, there are Assignment Courts. Both of these involve court appearances for trial administrative scheduling purposes. In some areas, a trial date is assigned at the pretrial conference or obtained on consent from an administrative official called the trial coordinator.
The two or three weeks before trial are spent in a detailed review and preparation of the case. All witnesses are re-interviewed, exhibits prepared, and conferences held with witnesses and with clients. What is expected of you at trial will be explained in detail before you actually go to court.
8. Appeal - the unsuccessful party tries again
If an unsatisfactory result is obtained at trial or on a motion, one of the issues to be considered is whether or not an appeal is a warranted course of action. This will involve a consideration of the merits of an appeal based on the actual decision of the judge and the costs of an appeal process. This is a decision which must be made at the time, sometimes within a very short time frame (particularly for appeals from motions), and relies heavily on the context of the situation. .
9. Settlement - where the successful par
Settlement is possible at any stage of the litigation process, even when mediation is not required. We will be asking you to consider making settlement offers when appropriate to take advantage of the costs saving consequences of doing so.
A settlement offer does not necessarily mean that there are serious weaknesses in your case. It usually reflects the basic principle that it is more economical to settle with an acceptable and certain result than to pursue a claim to trial.
Regrettably, it is not always possible to obtain an acceptable settlement position from the other side. While we will be able to provide you with our opinion, recommendation and advice, the final decision on settlement will always be yours to make.
There is a plethora of recent amendments, as well as notices to council, changes in the Rules of Civil Procedure, searches, scheduling and other information relating to commencement of action. In order to find information about any amendments or changes, follow the following simple steps:
- Open the following link to the Ministry of the Attorney Generals website: http://www.attorneygeneral.jus.gov.on.ca
- In the top right hand corner you will find a search box. Enter the particular area of Civil Procedure or Civil Law that requires further explanation.
- Click the arrow button and your complete your search
For any further information or if you require any help with your search, please contact us at firstname.lastname@example.org
OFFICIAL HOLIDAYS (JUDGES ARE NOT AVAILABLE)
April 22 (Good Friday)
April 25 (Easter Monday)
May 23 (Victoria Day)
July 1, (Canada Day)
August 1, (Civic Holiday)
September 5 (Labour Day)
October 10 (Thanksgiving)
November 11 (Remembrance Day)
December 26 (for Christmas Day)
December 27 (for Boxing Day)
NEWMARKET COURT SCHEDULE
The following dates are not available at the Newmarket Court.
Week of May 2 to 6, 2011
Week of September 5 to 9, 2011
Week of October 31 to November 4, 2011
December 28, 29, 30, 2011
*Emergencies only on walk-in basis for the above.
NO Criminal/ Civil/ Family on these dates:
Weeks of May 16 & May 23, 2011
Weeks of Nov 14 & November 21, 2011
Week of May 30:
Civil motions only on June 2 & 3
Criminal motions/appl’ns only on May 30
Week of Nov 28:
Civil motions only on Dec 1 & 2
Criminal motions/appl’ns only on Nov 28
BRAMPTON COURT SCHEDULE
The following dates are not available at the Brampton Court:
Week of May 2 to 6
Week of September 5 to 9
Week of October 31 to November 4
MILTON COURT SCHEDULE
The following dates are not available at the Milton Court:
Week of May 1 to 6
Week of September 5 to 9
Week of October 31 to November 4
(Hears motions only on Tuesdays and Fridays)
The following dates are not available at the Oshawa Court:
May 3 & 6, 2011
May 17, 20, 24, 27, & 31, 2011 (Emergencies only)
September 6 & 9, 2011
November 1 & 2, 2011
November 15, 18, 22, 25, & 29, 2011 (Emergencies only)
December 30, 2011 (Emergencies only)
The following dates are not available at the Hamilton Court:
May 5, 2011
June 2, 2011
November 3, 2011
What is an affidavit?
An affidavit is written or printed sworn statement of facts signed by the party making it, and confirmed under oath before an officer of authority.
What is an affidavit of service?
An affidavit of service, also known as proof of service, is a certification that verifies court document were served.
What are the contents of an Affidavit of Service?
The contents of an affidavit of service include the date, time, place, manner of service, and any information about the delivery process and legal documents made to a person or entity served.
What is a Jurat?
A jurat is certification stating when, where, and before whom an oath was sworn or affirmation was made. The jurat is usually added to the bottom of the affidavit document during the execution of an affidavit. Before executing a jurat, however, a notary public will check the identity and the voluntary nature of a signature to ensure the truthfulness of the signer.
What is a Record of Event?
A record of event is a detailed report on the person served and vehicles present at the time of service. The report is available to our clients upon request.
The framework of the courts and the jurisdiction of judges and court officials is directed by the Courts of Justice Act. Currently, the superior court of record is called the Superior Court of Justice. A branch of the Superior Court of Justice or Divisional Court, has jurisdiction in certain administrative law applications and appellate jurisdiction for matters involving a sum of less than $25,000.
There is also a Court of Appeal for Ontario which hears appeals from the Superior Court of Justice and Divisional Court. In addition, it is possible to appeal in certain circumstances, to the Supreme Court of Canada, which hears appeals from different appellate courts across Canada. For cases involving amounts less than $10,000, there is a branch of the Superior Court of Justice called the Small Claims Court, which handles such disputes.
These officials in the Superior Court of Justice, the Divisional Court, the Court of Appeal for Ontario and the Supreme Court of Canada are appointed by the Government of Canada (except for Small Claims Court judges, who are appointed by the Government of Ontario). In addition to presiding at trials or appeals, they hear motions, conduct pretrial conferences and settlement conferences, as well as the many other administrative duties required to ensure that the courts functions as smoothly as possible. Judges of the Superior Court of Justice, and the Divisional Court are addressed as "Your Honour".
Some judges who were appointed to the former Supreme Court of Ontario prior to its merger with the County and District Courts are entitled to be referred to as "My Lord" (for male judges) or "My Lady" (for female judges). There are few judges today who would insist on being referred to in this fashion and if they choose to be addressed that way, they will tell you so in court. You may also ask the court registrar prior to the hearing. Judges in the Federal Court of Canada and the Tax Court of Canada are referred to as "Justice" or "Mr. Justice" or "Madame Justice". Federal Court and Tax Court judges on the other hand, are not addressed as "Your Honour".
Although it is unusual for clients to directly address the judges in an appellate court, judges presiding in the Court of Appeal for Ontario and in the Supreme Court of Canada, are referred to simply as "Justice", or "Justice [their surname]" or "Mr. Justice" or "Madame Justice".
Masters and Case Management Masters:
These court officials handle motions and other judicial business assigned to them by the Rules of Civil Procedure. Because of their experience, they usually become experts in certain procedures such as mortgage hearings, construction liens, references and procedural motions. They are addressed as " Master", "Sir" or "Madame". Although Masters are not available in all judicial regions.
These judicial officials are appointed to review the amount of costs awards both as between parties to the action and between a solicitor and their client. For instance, if a party is awarded costs in an action, that party prepares a written list of the items, called a "bill of costs", in accordance with a tariff system that was established by the Rules of Civil Procedure. The assessment officer reviews the list of items and makes a determination or assessment of the amount of money that the unsuccessful party must forfeit.
Similarly, where a client or lawyer wishes to have the amount of a legal account determined by the court, the assessment officer performs this function. Assessment officers are addressed as "Sir" or "Madame".
The Divisional Court, the Court of Appeal for Ontario and the Superior Court of Justice all have a person called a registrar who is the responsible official for the administration of the court offices. Each office of the Superior Court of Justice has a local registrar who performs the same function. There are only a few circumstances where it would be necessary to have a judicial audience with the registrar. In such cases, the registrar or local registrar would be addressed as "Registrar", "Mr. Registrar", "Madame Registrar", "Sir" or "Madame".
The term registrar is also often used to describe the court official who keeps track of the documentation and court files during a trial or hearing. Sometimes this official is referred to as the court clerk. He or she will sit at the front of the courtroom, usually in front of the judge's dais. You will want to refer to these officials as "Mr. Registrar", "Madame Registrar", "Sir" or "Madame". If anything, such as an exhibit, is to be passed up to the judge during the trial or hearing, it is usually first given to the registrar who will then hand it to the judge.
Litigation in Ontario is governed by a set of some seventy seven procedural rules called the Rules of Civil Procedure. These rules are usually referred to by lawyers simply as "the rules". These rules contain numerous sub-rules and are supplemented by court decisions which interpret, and, in some cases, expand them. The interpretation section of the rules provides that they "shall be liberally construed to secure the just, most expeditious and least expensive determination of every civil proceeding on its merits."
Like most Canadian jurisdictions, Ontario has a form of "loser-pay" costs regime. Subject to a discretion in the court and whether or not settlement offers have been made, the defeated or unsuccessful party has to pay a certain amount of the legal expenses of the successful party. The amount of these costs can be ordered in a specific denomination by the presiding judge or the judge can order that they be assessed in accordance with a fairly complex schedule called the "tariff".
Although the successful party will almost never achieve a complete recovery of the amounts it has to pay to its own lawyer, the impact of costs is a factor in every step in the litigation process. Settlement offers can affect the award of costs quite significantly, which is why it would not be prudent to simply characterize Ontario’s costs regime as entirely reliant on the "loser-pay" ideology.
The concept of court costs refers to the amount of money that one party in the litigation process may be ordered to pay to another party. It does not have anything to do with the costs of administering the court offices or payment of salaries for judges and court officials.
To some extent administration costs are recovered by the Ontario government through filing fees. Payment for the salaries for judges in the Superior Court of Justice, Divisional Court, Court of Appeal and Supreme Court of Canada are paid by the Government of Canada from general tax revenues.
Civil proceedings in Ontario fall into two major categories. The most usual form is known as an "action" which is the manner in which most lawsuits are conducted. The other form is called an "application" which is the form used mainly in proceedings under statutes, although there is a wide variety of other types of applications permitted. This description in here covers only actions, not applications.
First, there is case management which utilizes a special sub-set of rules to permit the judges and court staff to monitor the progress of cases and simplify the procedures for certain steps.
Second, there is now mandatory mediation or alternative dispute resolution (ADR) required in the jurisdictions of Toronto, Ottawa and Windsor. This now requires all litigants there to participate in an ADR session at an early stage of the litigation with a court approved facilitator. An earlier court-sponsored ADR Project had achieved success in resolving disputes without the expense and delay of the traditional court process.
Third, actions involving $50,000 or less are governed by a special sub-set of rules in Rule 76 called the Simplified Procedure rules. They attempt to provide alternate procedural steps for these more modest claims which cannot be economically disposed of in the regular process.
The parties are the people that are directly involved in the action or law suit. The person or corporation that initiates the lawsuit is called a plaintiff. And the person or corporation against whom the plaintiff seeks relief is called the defendant.
Under certain circumstances, a defendant can join other persons or corporations against whom the defendant seeks relief but who are not already parties to the action. Such a person or corporation is called a third party.
Third parties can also join other persons or corporations against whom they seek relief but who are not already parties to the action. These other parties are called fourth parties.
Similarly, fourth parties can add additional persons or corporations as fifth parties. Every added party can repeat the process of adding additional persons or corporations and these subsequently added parties are referred to by the next number. Such subsequent parties are most often found in complex cases, such as products liability or construction claims, where there are a number of persons or corporations which may be liable for the damages sought.
CIVIL LITIGATION FAQ
What is Civil Litigation?
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.
Who are the Plaintiffs and the Defendants in a Civil Suit?
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".
Which Papers Must be Filed to Start a Lawsuit?
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".
What Are the Stages Involved in a Civil Litigation Process?
Generally, the civil litigation process can be narrowed down to a set of seven stages. These stages include
- the investigation,
- the pleadings,
- the discovery phase,
- the pre-trial,
- the trial,
- the settlement, and
- 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.
What is the "Discovery" Phase of a Lawsuit?
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.
What Happens if I Lose a Civil Lawsuit?
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.
What Is the Difference Between a Criminal and a Civil Trial?
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.
What Is a Statue of Limitations?
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.
What Are Counterclaims and Cross-claims?
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.
How do I know which Small Claims Court to go to?
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:
- Limit increase from $10,000.00 to $25,000.00 for the monetary limit to bring a claim in Small Claims Court.
- 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.
- 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.
Why should I hire a process server and not serve legal documents myself?
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.
How long does it take to serve a legal document in Ontario? Toronto? Hamilton?
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.
Can you serve Legal Documents on Sunday in Ontario?
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.
WILLS AND ESTATES FAQ
What Happens If I Die Without a Will?
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.
What is a 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.
What is an Estate?
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.
Does Everyone Have an Estate?
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.
Do I Need A Will if My Estate is Small?
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.
What Makes a Valid 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.
Is a Will Confidential?
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.
What is Probate?
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.
Can a Will be Corrected?
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.
What is a Power of Attorney (POA)?
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.
Is Giving Someone Else the Power of Attorney Necessary?
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.
How Will My Estate By Distributed?
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.
What is an Estate Trustee?
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.
Do I Need to Get Someone's Permission Before I Appoint Them as My Estate Trustee?
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.
What is a corporation?
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.
What are the benefits and drawbacks of a corporation?
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.
What is a joint venture?
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.
What is a dividend?
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.
What are annual minutes, resolutions and assemblies?
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.
Can a company incorporated in Ontario do business in the rest of Canada?
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.
Can I use a company incorporated in Ontario to do international business?
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.
What are the advantages of a federally incorporated company versus a provincially incorporated company?
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.
What is an officer?
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.
What is a director?
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.
How many directors are needed for a company?
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.
Do the directors of a company incorporated in Ontario have to be Canadian citizens or residents?
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.
Do the directors of a federally (Canada) incorporated company have to be Canadian citizens or residents?
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.
What is a shareholders agreement?
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.
Is the company name of an Ontario corporation protected in all of Canada?
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.
Am I responsible of the debts of my company?
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.
If my company goes bankrupt or closes does this terminate all personal guarantees I gave for my company?
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.
Does DH Litigation have a legal licence to process traffic offences?
Yes. Our legal staff consists of well trained paralegals and lawyers licenced by the Law Society of Upper Canada.
If I have received a traffic ticket but it doesn’t come with demerit points, will it still affect my driving abstract?
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.
How does the demerit point system work?
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.
If it’s my word against the police officer’s how can I possibly win?
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.
I missed my court date and got a conviction in my absence, is there anything I can do?
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.
Is it possible to appeal a conviction after my trial is over?
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.
What happens if I don’t pay my entire fine?
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.
What are the three different types of Provincial Offence Notices (tickets)?
- A ticket that is issued to an individual (minor traffic matter)
- Parking tickets (parking matter)
- A summons (including a court date)
Do only police officers issue Provincial Offence Notices (tickets)?
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
If I got a ticket outside of Ontario will I still be responsible for it upon my return?
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.
Does a mistake on my ticket render it invalid?
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.
If I get convicted of a ticketed offence, does it stay on my record forever?
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.
Is it true that if you mail the cheque with your fine payment with a few extra dollars on it your ticket will never show up on your record?
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.
If I only have one ticket on my record will it severely damage my insurance rate?
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.
Can an officer in a moving vehicle really be able to clock my speed if I am going over the maximum?
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.
If I have been charged with traffic offence do I have to go to 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.
If I have been convicted of a Criminal Driving Offence will I go to jail?
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.
Is it okay to represent myself in court?
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.
The ticket charge is a lot of money, why should I pay even more to hire you?
Because it is more important to avoid criminal charges and demerit points on your PERMANENT record than it is to save a few bucks.
Do I have to attend court for every ticket I get?
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.
What should I do after I’ve been in a motor vehicle accident?
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.
- Get the other drivers name, license, license plate and insurance information.
- Obtain contact information for any witnesses including names.
- Photograph the damage.
- Capture any visible physical injuries.
- Notify the police/insurance company, file the required necessary.
- Write down how the accident happened and any physical pains you are suffering.
- Keep notes about discussions you have about what happened.
- Write the names of people you speak with.
- Confirm the essence of any discussions with an insurance adjuster by e-mail or letter.
- 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.
What if I'm injured in a car accident and the other driver is uninsured?
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.
How long should I wait after a car accident before consulting a lawyer?
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.
What is a "catastrophic injury" and how can I apply for it?
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.
My family member sustained a brain injury last year directly related to a motor vehicle accident. There are now major changes in their memory, judgment and personality. What should we do?
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.
Ever since my husband's accident last year, he has suffered from dizzy spells and balance issues, as well as anxiety and depression. He cannot be left alone. What can I do?
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.
My wife had an accident and can no longer take care of our children or do housekeeping chores. Do we have a claim?
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.
My father thought that his insurance policy covered him for long term disability. But last month he was injured and even though his doctor says he is not able to work, the insurance company is denying his claim. He does not speak English. Is there anything he can do?
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.
I had a bad accident. Although I recovered somewhat I am still left with problems and haven't been able to return to my job. Is there anything I can do?
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 what kinds of injures am I allowed to file a personal injury claim?
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;
What happens if I get injured in an accident that was my fault?
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.
How do I know if I’m allowed to file a claim?
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.
Are there different types of financial compensation if I got hurt in an accident that wasn’t my own fault?
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.
How much can I expect to receive for having sustained injuries from an accident?
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.
What if I don’t have car insurance myself? Am I still entitled to a personal injury claim?
Yes. There are several avenues through which it is possible to get personal injury compensation even if you do not have valid car insurance.
What happens when I injure myself due to an accident on someone else’s property that is no ones fault, such as slip and fall?
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.