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insights / Civil Litigation

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Common Problems in Real Estate Transactions Discussed by Ontario Real Estate Lawyer

Read Time: 5 minutes Investing in property is often an individual’s largest investment. The process of viewing properties, making an offer and moving into a new home can be exciting. However, like any legal contract, there are some risks involved and problems that can arise. Here are a few potential problems that can arise in […]

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Employment Law and the Corporate Veil: How Far Does It Reach & Does It Protect Employees?

Read time: 3-5 minutes One of the more appealing aspects of a corporate business structure is that it has a distinct legal identity from its shareholders, directors and officers. This means that a corporation can sue, be sued, enter into contracts or acquire a loan. It also protects the shareholders, directors and officers from personal […]

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Ontario Shareholder Agreement Lawyer on Unanimous Shareholder Agreements

Read time: 5-6 minutes Closely-held corporations tend to be premised on relationships between a group of friends, colleagues, or family, and are often more informal in terms of business organization. As such, there is less likely to be separation of roles between managers and investors. In a small corporation an individual may be a shareholder […]

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COVID-19: Impacts on Civil Litigation, New Build Real Estate Transactions and Construction Contracts

Read time: 2-3 minutes The news is full of updates regarding the COVID-19 pandemic and the situation is constantly evolving. Here are some current impacts that the pandemic is having on civil litigation matters, new build real estate transactions and execution of construction or other contracts.  Civil Litigation Court Suspension On March 15, 2020 the […]

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Civil Litigation Law: The Basic Steps of Civil Litigation

Read time: 6-7 minutes Settlement Discussions & Demand Letters Some disputes can be resolved without formal litigation. Depending on the parties, engaging in pre-litigation settlement discussions can be fruitful, even before the delivery of a demand letter. In other cases, it might make more sense to send a demand letter first, especially where the relationship […]

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Summary Judgment Motion in Civil Litigation Law | Civil Litigation Lawyer

Read time: 4-5 minutes Summary judgment motions are a procedural tool that can be utilized by either party in certain situations to obtain an order from the court without going through the lengthy and formal trial process. A summary judgment motion can lead to a cost-effective and timely resolution if used appropriately. It is best […]

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Consequences of a Breach of APS | Agreement of Purchase of Sale Law

Read time: 4-5 min Agreements of Purchase and Sale: The Consequences of a Breach Rapidly changing and volatile housing markets, like we have experienced in the last few years in Toronto and the GTA, lead to an increase in cancelled real estate transactions. This occurs particularly when demand for houses, and consequently prices for houses, […]

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Applications for Judicial Review | Judicial Review Law

Applications for Judicial Review Read time: 6 minutes Applications for judicial review are some of the most complex litigation proceedings. When a party  believes that a final proceeding before an administrative body was incorrect or unreasonable, they may submit an application for judicial review to the Divisional Court, a branch of the Superior Court of […]

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Civil Litigation Lawyer Tips: The Discovery Process in Superior Court

The Discovery Process in Superior Court: What you Should Understand Read time: 4 minutes Discoveries are a part of the Ontario Superior Court process, as established by the Rules of Civil Procedure (the “Rules”) and assist with understanding the other parties’ positions and evidence. Discoveries are a key step after pleadings have been delivered and […]

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The Limitations Act: Understanding the Time Limits to Commence a Claim | Civil Litigation Law

Read time: 3 minutes If you have suffered an injury or loss due to the actions of another party and are considering initiating a civil claim, it is important to understand the limitations imposed by the Limitations Act, 2002 (the “Act”). The Act imposes limitations on how long a plaintiff can wait before initiating their […]

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Real Estate Law | Certificate of Pending Litigation

Certificate of Pending Litigation: A Useful Tool in Litigation Read time: 3-4 minutes A Certificate of Pending Litigation (“CPL”) is a notice to the public, registered on title, indicating that the interest or title to a specific piece of land is subject to a Court dispute. A CPL restrains all dealings with the land until […]

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Civil Litigation Law: The Cost Consequences

Cost Consequences of Litigation Read time: 3-4 minutes Litigation is expensive and time consuming. Luckily, if you are the successful party in litigation you are usually able to recover some of your legal fees and disbursements. Cost consequences are intended to discourage frivolous or vexatious claims and unreasonable conduct. If you initiate litigation and you […]

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Civil Litigation Lawyer Tips – Enforcing Judgments: Collecting on Your Wins

Enforcing Judgments: Collecting on Your Wins Read time: 3 minutes Receiving a favourable court judgment can be a huge relief after months, or often years, of litigation. However, a court judgment is simply a piece of paper stating that a party is owed compensation. While sometimes the owing party may pay up their debt willingly […]

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Civil Litigation Tips: 8 Proactive Steps To Avoid Litigation

8 Proactive Steps for Avoiding Litigation Read time: 4-5 minutes How To Try And Avoid Litigation: Litigation can be a necessary and useful tool for businesses to reach an objective. It can assist in resolving disputes where the parties have reached a standstill, or if the relationship is too damaged for effective resolution discussions. Quick […]

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Business Law: Protecting Your Business’s Reputation From Defamation

Protecting Your Business’s Reputation From Defamation: What You Need to Know Read time: 3-5 minutes Business Defamation Reputation is a significant factor to a business’s success or failure. Customers are influenced by what they read and hear on the internet, news and social media. While good publicity can help bring in more customers, bad publicity […]

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Civil Litigation Tips: Getting To Know The Ontario Civil Court System

Getting To Know The Ontario Civil Court System: Where to Initiate a Proceeding Read time: 2-3 minutes Attempting to navigate the Ontario civil court system, even if you are an experienced litigant, can be very challenging. Here is some helpful information if you are considering initiating a civil proceeding in the Ontario Court system. Understanding […]

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