Civil Litigation

Learn More About Our Areas of Practice

Commercial Disputes:

In Canada, commercial transactions are governed by both federal and provincial legislation. In the case a dispute arises regarding a contract or during a commercial transaction, a business entity or individual involved in the dispute may wish to pursue compensation through the court system. Civil litigation lawyers have a deep understanding of business practices and case law; they will work with you to determine the best course of legal action based on your situation.

Commercial Litigation:

Commercial litigation will occur when a business dispute, such as a shareholder disagreement or contract dispute, cannot be resolved. In this case, a civil litigator will work with their client to find a legal solution through mediation, arbitration, or the court system. A civil litigator has knowledge of the Superior Courts, business law, and of courtroom tactics that will help end the dispute and gain you compensation.

Construction Lien:

If you are a contractor, subcontractor, labourer, or supplier and are facing a dispute regarding payment for your work, a civil litigator may recommend placing a construction lien on the property, which you can use to gain payment. Discussing your situation with a lawyer is an important step in knowing if a construction lien is a good option in your case.

Contractual Disputes:

Contractual disputes are typically resolved through court proceedings or mediation. If you are engaged in a contractual dispute, speaking with a litigator can help you understand the civil litigation process and assess if taking legal action is necessary.

Debt Collection:

If you have not been paid for a debt, you may be able to pursue legal action. A civil litigator will work with you to file a lawsuit through a statement of claim to begin the legal proceedings. They will also work with you to utilize legal methods, such as writs of seizure and sale or garnishing salaries, to obtain payment.

Creditor and Debtor Rights:

Creditor and debtor rights are based on provincial legislation and legal frameworks. These rights can dictate the legal action you may be subject to take if there is a dispute that arises throughout the transaction. Whether you are a debtor or a creditor, speaking with a lawyer can help you understand your rights and the legal action you may be able to pursue.

Dispute Resolution:

In Canada, parties involved in disputes typically have three methods to reach a resolution: mediation, arbitration, or the court system. If the parties wish to settle outside of court, they will work through mediation and arbitration proceedings to find a suitable outcome. Should mediation and arbitration fail, a matter can be brought before a judge or jury in public court. Even if you wish for a court to decide on the problem, mediation is typically required prior to a court hearing. Working with a lawyer will help you navigate the Canadian dispute resolution process.

Enforcement of Ontario Judgements:

In Ontario, if you have received a judgment on your case, there are a variety of methods that can be used to enforce the judgment and get you the compensation you deserve. Based on the legislation applicable to your case, you may utilize writs or wage garnishment to receive the money owed to you. A civil litigator will understand the methods of enforcement and will work with you to take action.

Frauds:

Although fraud can include both civil and criminal repercussions, in the case of civil litigation, an individual may be able to sue for damages if fraud occurred and you suffered financial damages. Proving civil fraud in court can be challenging; working with a lawyer is essential to compile the evidence you need to make a persuasive case.

Power of Sale and Foreclosures:

Power of sale is a legal strategy that allows a lender to sell the property of their borrower should they default on payment. A foreclosure is when the lender assumes the title of the property. Both options are available as a legal means of receiving payment; speaking to a lawyer can help you determine if this is the best step for you to recover your money, as well as the obligations and steps you must take when utilizing each method.

Labour and Employment:

When labour and employment disputes arise, whether it is unfair termination, human rights issues, or a regulatory dispute, civil litigation lawyers support their clients at labour relation boards and tribunals, as well as in Canadian courts, to resolve the issue efficiently. Understanding the regulations regarding labour and employment can be challenging, as it requires an understanding of federal and provincial legislation, as well as workplace norms and developments that may impact how the case is perceived. Working with a lawyer will ensure you have the expertise to navigate your matter strategically.

Professional Liability:

Individuals who work in professional services, such as doctors, accountants, and lawyers, may be held liable for negligence, errors, or omissions while delivering their services. In the case this occurs, these professionals may face professional liability litigation, where an individual seeks compensation for claims related to the service they received. This is a challenging area and requires the support of expert testimony, evidence, and persuasive arguments, which is why working with an experienced lawyer is essential.

Property Damage:

In Canada, individuals can file a claim for damages that were incurred on their property; a claim may be filed against an insurance company, individual, or business. Working with a lawyer to assemble the evidence and negotiate on your behalf during court proceedings can help you receive the compensation you are seeking.

Real Estate Litigation:

Real estate transactions can be challenging, and disputes will often arise in the form of contractual disagreements, title issues, or landlord and tenant disagreements. If you are facing a real estate dispute, litigation may be the best option for you to obtain a resolution. A civil litigation lawyer will work with you to determine the facts of your case and take the necessary legal action to receive compensation.

Shareholder Disputes:

In the context of civil litigation, shareholder disputes arise for a variety of reasons. From contractual disputes to fraud, the particulars of each dispute are nuanced based on the shareholder agreement that was in place. In situations where a resolution cannot be found, employing a civil litigator to review the issue and walk you through mediation, arbitration, or court proceedings may be the only means to resolving the dispute.

Wrongful Dismissal:

Wrongful dismissal occurs when an employer has breached the rights of their employee when terminating their employment. Wrongful dismissal cases are based on a variety of factors, such as the notice period given to the employee, the severance pay they were entitled to, the cause of termination, or even human rights issues related to discrimination. Whether you are an employer or an employee, speaking to a lawyer can help you understand your rights and protect yourself; a lawyer will know what legal avenues you need to take to remedy the issue.