Toronto personal injury lawyers – are they all the same?  Is there something that distinguishes one law firm from the other?  I challenge Toronto personal injury lawyers to share – in 1-2 sentences – what makes them different from their competitors.  They basically work on contingency fee (i.e. they don’t get paid until they win or the case settles).  If they are all the same, then how are prospective users of personal injury law firms supposed to tell the difference?  Will it matter?  Do most cases settle anyways – to the point where it doesn’t matter which firm you pick because they all do the same service?  I don’t believe so.  Nothing is guaranteed and your case might be the one that goes through a lengthy and complicated trial!  Also, wouldn’t you rather have an good relationship with a personal injury lawyer who responds to your emails and phone calls, updates you on your case, and is actually prepared to go to court to fight for your rights?

written by admin \\ tags: accident lawyer, law, law firm, lawyer, Lawyers and Law Firms, Personal Injury, personal injury attorney, personal injury lawyer, Services, toronto personal lawyer, United States

A Toronto personal injury attorney or accident lawyer is nothing more than a civil litigator / barrister who focuses his or her practice on helping people bring or defend lawsuits dealing with personal injuries.  These accidents could stem from medical malpractice, occupier’s liability (e.g. slip and falls), shoddy products, poor workplace safety, dog bites, etc.

Unlike in criminal cases (where the state or government is the party that is prosecuting an accused person), in civil cases, one or more parties sue each other and the state is typically not a party to the proceedings.

What can Personal Injury Attorneys | Accident Lawyers do for you?
Personal Injury Attorneys | Accident Lawyers can help you in the following:

1. Assess your claim in terms of your rights, liability, damages, and possible outcomes.
2. Explain the civil law process from the time you believe a claim arises through to trial, and finally to a court order and (perhaps) appealing a court order (if it gets there).
3. Negotiate with the opposing side to reach a settlement.
4. At trial, challenge witness’ credibility and testimony.
5. At trial, present expert evidence in the form of expert testimony and reports that are favourable to their client.
6. At trial, point out past cases (called precedents) that are in their client’s favour and draw analogies and parallels, while trying to distinguish unfavourable precedents.
7. At trial, protect their clients from answering inappropriate or irrelevant questions (e.g. questions that would tend to self-incriminate a party, questions which have nothing to do with the trial, or questions which makes the party give testimony which they are not competent or otherwise qualified to give, etc.).

The onus of proof
In Ontario civil trials, parties must generally establish the elements of their case on a balance of probabilities.  This means 50% + 1 %.  Hence, to establish that a party was negligence or breached a contract, it must establish that that party was more likely than not to have done so.   If, however, the elements of the offence are established, then a judge or jury may still find no liability or reduce damages accordingly if the other party had some type of justification or excuse (e.g. undue influence, duress, etc.).

When to consult with or hire a Personal Injury Attorney?
Immediately on becoming aware of the fact that you have been injured or suffered damages, you should consult with a personal injury attorney.  They can help take away your stress by explaining the law (e.g. your rights, your obligations, your entitlements, etc.), helping to formulate a proper strategy, and telling you about how the civil law process works from start to finish.  Again, if you need legal advice with respect to retaining a Toronto personal injury attorney, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).

written by admin \\ tags: personal injury attorney, personal injury attorney | accident lawyer, toronto accident lawyer, toronto personal injury attorney

Toronto Personal Injury Lawyers can handle your case from start to finish without billing you until they are successful!  They can handle your case and, in many circumstances, settle it with third parties such as insurance companies.

Toronto Personal Injury Lawyers – What do they Do?

Toronto Personal Injury lawyers can handle a broad range of matters for you – ranging from slip and falls, car accidents, wrongful death, medical malpractice, dog bites, work-related injuries (which are not covered by WSIB), and other types of injuries.  They review your case for FREE and may give you an assessment based on their experience.

If a Toronto personal injury lawyer decides to take your case, they may get others involved – such as other lawyers, paralegals, investigators, actuaries (i.e. professionals who can estimate the financial impact of being injured), etc.

For slip and falls, a Toronto personal injury lawyer can examine the caselaw (i.e. judge made law) and the relevant  Ontario statute (e.g. the Occupier’s Liability Act) to determine whether the owner of a premises was negligent in failing to take steps to reasonably ensure your safety while on those premises (e.g. snow and ice removal, poor flooring, bad lighting, water accumulation, etc.).  Toronto personal injury lawyers may also look into toxic spills created by organizations and large corporations which can contaminate water supplies.

It is important to note that there may statutory time limitations on when you can bring your claim – otherwise, if you try bringing it after, the defence can claim that you are too late (and win as a result!).

written by admin \\ tags: Personal Injury, toronto lawyers, toronto personal injury lawyer, Toronto personal injury lawyers

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to going to Ontario Small Claims Court, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). We have lawyers who can assist you.

This is the second blog where I’m discussing helpful tips about going to Ontario’s small claims court.

Preparing for Examination-in-Chief and Cross-Examination
Examination-in-Chief is the evidence you present to the Judge to support your case through your testimony and evidence and the testimony and evidence of your supporting witnesses (if any).  It is your job to ask your witnesses questions to adduce their testimony and evidence.  Cross-Examination is the process by which your opposing party gets to question you and your witnesses.  Examination-in-chief comes first, followed by Cross-Examination.

To prepare for Examination-in-Chief and Cross-Examination, you should come up with a list of questions that flow chronologically and which help to support your position.  It’s best to ask short questions for which you likely already know the answer.  A good tip is that, if you’re referring to a particular document in your question, you should have a reference to that document beside the question.  For example:

Q: Is that your signature on this contract?
(SEE PLAINTIFF’S CLAIM, SCHEDULE A, EXHIBIT “A”, p. 3)

This is important because the Judge may not be able to follow your questions if he or she has to keep looking for documents that you are referring to.  Another good point is to take care of the less contentious questions first.  This will keep the Cross-Examination flowing quickly and have any opposing party agreeing with you from the start.  Leave the most contentious issues for the end where you can dedicate most of your time.

Conducting Examination-in-Chief and Cross-Examination is discussed later.

Your Day in Court

Opening Statement
Sometimes, at the beginning of a trial, a judge will provide the parties with a chance to make an Opening Statement.  This is a brief overview of the parties’ position without getting into the details of the evidence.  If you’re given this opportunity, you can say something like: “Your Honour, this case is about… and the evidence will show that…”  Keep it short and sweet.  If your position gets made at the beginning in a focused and clear manner, then the Judge should have an easier time following your evidence and arguments throughout the rest of the trial.

Examination-in-Chief
When it’s your turn to call witnesses to prove your case, you can ask them open ended questions but you cannot lead them to their answers.  You can only ask leading questions during your Cross-Examination of opposing parties.  Don’t badger or interrupt your witnesses and give them a chance to answer your questions.  Judges generally do not like it when you interrupt and it makes the trial transcripts less clear.  Do not ask more than one question at a time because the witness or the Judge may get confused and you will look bad.  Also, there are certain kinds of questions you may not be able to ask because they are irrelevant to the case.  For example, asking an auto salesperson about their medical opinion (assuming they are not a doctor) will not be allowed.  It can be objected to by the other side and if the Judge agrees or objects him or herself, then you will only have succeeded in wasting everyone’s time and testing the Judge’s patience.

Cross-Examination
When it is your turn to Cross-Examine the other side, there are a few things you should be mindful of.  First of all, coming out with guns blazing might not be the best approach.  You can always leave that until the end – especially when things are really contentious.  You might simply want to try this simple approach: be calm, polite, patient, and courteous to the opposing party.  Even if you have caught them in a web of lies, you need not always point that out with thrust and vigour.  Just because you hold a big stick doesn’t mean you have to use or show it.  The Judge will know it’s there.  Remember: your job is to let the judge convince him or herself that you are right.  Cross-examination is a time to keep cool and use your head.  Don’t let emotions get involved or else the Judge will look at you unfavourably.  Be likeable and you’ll be believable!

Closing and Legal Submissions
When all the evidence has been presented, it’s time for you to make some final arguments to sum up your case.  This is when you will get the chance to speak about the law and show how the evidence supports your position.  However, by this point you have likely been emphasizing your position throughout (i.e. opening statement, Examination-in-Chief and Cross-Examination) and the Judge may not require a long submission.  When making your closing submission, stick to the tips and tricks you’ve already read in my blog – such as, speak clearly, be chronological, keep your submissions short and sweet, etc.

Costs
If you are successful in Small Claims Court, you can ask the Judge for an Order that the opposing party pay you costs to reimburse you for the expenses you incurred in bringing the matter to court.  It is not guaranteed that you will receive your costs (in whole or in part) but here are some rules you should be familiar with:

• A successful party is entitled to have their reasonable disbursements (e.g. cost of service, expenses for travel, accommodation, photocopying, experts’ reports, etc.) paid for by the defendant: Rule 19.01(1) of the Small Claims Court Rules.
• Cost awards are limited by s. 29 of the Courts of Justice Act: Rule 19.02.
• Section 29 of the Ontario Courts of Justice Act states that an award in small claims court “shall not exceed 15 per cent of the amount claimed…unless the court considers it necessary in the interests of justice to penalize a party or a party’s representative for unreasonable behaviour in the proceeding”.
• The court may award successful party an amount not exceeding $50 for preparation and filing of pleadings: Rule 19.03.
• The court may award a reasonable representation fee at trial or at an assessment hearing if the amount claimed in an action exceeds $500, exclusive of interest and costs, and the successful party is represented by a lawyer: Rule 19.04.
• The court may award up to $500 as compensation for inconvenience and expense if the successful party is self-represented: Rule 19.05(a).

Final Thoughts

Appearance
Proper hygiene and dress is important.  Get a haircut, don’t overdo the makeup, and dress nicely.  Don’t turn your appearance into a negative distraction for the Judge.

Speaking
When it is your turn to speak, you should remember a few key points.  First, make sure you are loud enough for the judge to hear.  Second, make sure that you speak clearly and pause slightly after each point you’re making. If the judge is taking notes give the judge time to write.  Third, don’t be afraid to ask the judge if he/she can hear you or if you are going too fast.  Judges will generally appreciate this.

Courtroom Etiquette
If you don’t want to get in trouble with a judge or the court staff, then you’ll want to pay attention here.  Courtroom etiquette is of utmost importance.  Breaching these rules may get you kicked out of the courtroom! First, make sure your cell phone is off or on silent.  Second, remove all non religious head coverings (like a baseball hat).  Third, don’t eat or drink in the courtroom.  Fourth, if you need to talk to someone you must leave the courtroom and if you remain in the hall (as opposed to outside) you should speak quietly as you may be heard inside the courtroom.  Be aware that a Judge may have a difficult time hearing the evidence or submissions if, for example, the parties’ voices are faint, the air-conditioning is on or there is construction happening outside.

When presenting your case or giving evidence make sure you stay in your designated spot unless you obtain permission from the judge (e.g. to approach a witness in the witness box or to provide a document to court staff).  Stand up when it’s your turn to speak and sit down when it’s not.  If you’re getting a lecture from a judge (for whatever reason), be courteous with as little talking back as possible.  Whatever you do, don’t raise your voice to the judge.  If you disagree with the judge on a point, you can politely say (after the judge has finished speaking) something like: “Your Honour, for the record, I would submit…”.  Don’t give any attitude.  Don’t give the judge a reason to not want to support your case!  Leave that for the other side.

By the way, if you’re looking for Ontario Small Claims Court – Plaintiff’s Claim for a Construction Renovation Dispute or an Unpaid Account Dispute, then look no further:

Plaintiff’s Claim – Construction Renovation / Unpaid Account Disputes (Ontario Small Claims Court)

These Court Form Packages can be used by a party who wants to start a lawsuit in Ontario’s Small Claims Court concerning a Construction Renovation or Unpaid Account dispute. Each of these packages comes with a FREE VIDEO GUIDE (watch a useful example of how this court form can be customized), a FREE DL GUIDE (read helpful information about this court form), and another FREE DL GUIDE that offers valuable insight into preparing for and attending Ontario’s Small Claims Court. What are you waiting for? Best of all, if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

written by admin \\ tags: construction renovation dispute, Dynamic Lawyers, etiquette, going to small claims court, ontario small claims court, unpaid account dispute

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only.  If you need legal advice with respect to going to Ontario Small Claims Court, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).  We have lawyers who can assist you.

In the next series of blogs, I’ll be discussing helpful tips about going to Ontario’s small claims court.

Introduction
Why are some people more successful than others in Small Claims Court? Well, it may have to do with the fact that they are better prepared, make more persuasive arguments, and have kept their story simple and focussed for the Judge to understand. These things aren’t taught in school. They are life lessons and you’re about to have a crash course!

Preparing for Court

Court Documents for Small Claims Court
You’ve heard it many times before: the battle is often over before it even begins. If court documents, oral arguments, and questions for witnesses are all prepared ahead of time, you will likely improve your chances of being successful. You will be more confident and this will show. Having incomplete or vague documents, presenting poor arguments (e.g. which are not based on law or fact), and not being prepared for the unexpected could be disastrous. So here are some helpful tips on preparing persuasive documents:

Organize Your Thoughts
I have a general rule: 1 idea per sentence, 1 idea per paragraph. Keep things simple and make sure it flows naturally. Chronology counts. So, for example, when you set out your story in a Plaintiff’s Claim, you should typically start off with who the parties are, what happened, and then state your legal justifications for why you should get the judgment you are seeking. It is best to start with your point first (i.e. the position or conclusion that you have), not the details of your argument. Readers absorb information better when they know the point that you’re trying to make right from the beginning.

Less is More
Use smaller words, smaller sentences, smaller paragraphs – in fact, use smaller EVERYTHING to get your message across.  Using too many words makes thing hard to follow.  Also, if you have the option of using smaller words to get the message across, use them!  Just keep reviewing your work and cut out unnecessary words.  Here is a helpful list of ‘better’ words that you can use:

INSTEAD OF THIS                USE:
Any and all                             All
In order to                             To
By means of                           By
By reason of                           Because
In relation to                          About
Prior to                                   Before
Subsequent to                       After
Notwithstanding that             Although
During the time that              While
For the period of                    For
For the purpose of                 For
It is typically the case            Usually

Use Clear Language
I can’t stress this enough.  Don’t use ‘legalese’ unless you know what it means!  Legalese is comprised of archaic words and phrases that only lawyers should be bothered with deciphering.  They often have specific meanings which are beyond the knowledge or understanding of the lay person.

Write Actively
Instead of writing “The book that belongs to Johnny”, you can write “Johnny’s book”.  It’s fewer words and easier to read.

Make It Look Good
Make a good first impression on the Judge by having the right font, size, spacing, paragraph formatting, etc.  Judges read a lot, so make it easier on them as much as you can.  Don’t capitalize everything.  Don’t use italics or underline words too often.  You can consecutively number paragraphs or issues.  Using headings to separate your points is also a good idea.  If you can type your court forms instead of handwriting it, then you should.  If you can only handwrite, then make sure to print or write neatly and legibly.  Don’t forget to double space!

Anticipate Concerns
No matter how correct you believe you are, there may be valid counter-points to your arguments.  Try to anticipate and address these counterpoints when you argue your case rather than avoid them and hope they don’t come up!  Just because the opposing party failed to raise a counterpoint or question one of your arguments does not mean a Judge won’t!

Know Your Audience
At the end of the day, you should draft your court forms with your audience in mind.  In court, your audience is the Judge.  This means that adding unnecessary allegations and complaints simply ‘to get them off your chest’ may be distractive.

Judges are regular everyday people and they will see / hear your case with fresh, neutral eyes and make a decision based on the facts and law presented to them in court.  However, if there are previous cases very similar to yours that another Judge has already ruled on, then your judge may be inclined to follow what that previous judge said and did in the prior case.  That’s why doing some legal research can be very beneficial (so you don’t waste your time making arguments that past Judges have rejected!).

By the way, if you’re looking for Ontario Small Claims Court – Plaintiff’s Claim for a Construction Renovation Dispute or an Unpaid Account Dispute, then look no further:

Plaintiff’s Claim – Construction Renovation / Unpaid Account Disputes (Ontario Small Claims Court)

These Court Form Packages can be used by a party who wants to start a lawsuit in Ontario’s Small Claims Court concerning a Construction Renovation or Unpaid Account dispute. Each of these packages comes with a FREE VIDEO GUIDE (watch a useful example of how this court form can be customized), a FREE DL GUIDE (read helpful information about this court form), and another FREE DL GUIDE that offers valuable insight into preparing for and attending Ontario’s Small Claims Court. What are you waiting for? Best of all, if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

written by admin \\ tags: construction renovation dispute, Dynamic Lawyers, legal form, ontario small claims court, plaintiff claim, unpaid account dispute, video guide

Here’s Legal Form + Video Guide #16:

Plaintiff’s Claim – Unpaid Account Disputes (Ontario Small Claims Court)

This Court Form Package can be used by a party who wants to start a lawsuit in Ontario’s Small Claims Court concerning an Unpaid Account dispute.   This package comes with a FREE VIDEO GUIDE (watch a useful example of how this court form can be customized), a FREE DL GUIDE (read helpful information about this court form), and another FREE DL GUIDE that offers valuable insight into preparing for and attending Ontario’s Small Claims Court.  What are you waiting for?   Best of all, if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

written by admin \\ tags: guidance, legal advice, ontario lawyer, ontario lawyers, ontario small claims, ontario small claims court, plaintiff, quotes, renovation, small claims court, unpaid account, video guide

To finalize this set of blogs about the Plaintiff’s Claim in the Construction / Renovation context, I thought it would be worthwhile to give some information about that all-important Schedule A!

Schedule A
The Plaintiff’s Claim includes space for you to give reasons as to why you think you’re entitled to damages from the Defendant(s). The space provided in the government form is not normally enough for you to tell your side of the story. That’s why you can simply state “See Attached Schedule A” and then give your story on a separate document which you attach to your Plaintiff’s Claim. Make sure to title this document “Schedule A”.

In what follows, we’ll be going over some of the various factors which you should consider when drafting your own Schedule A.

The Claim
The first thing any Schedule A should have is a paragraph that sets out who you are suing and for how much. For example: “The Plaintiff is suing the Defendant, Jeremy Smith, for breach of contract and for negligent performance of services rendered for $5,000.”

The Parties
Next, Schedule A should identify the parties to the claim. Here are some examples:

“The Plaintiff, John Doe, is an individual residing in Toronto, Ontario.”

“The Plaintiff, X Corp., is a corporation with an office in Mississauga, Ontario.”

“The Plaintiff, ABC Partnership, is a partnership with an office in Oakville, Ontario.”

“The Defendant, Jane Smith, is an individual residing in Newmarket, Ontario.”

“The Defendant, 123456 Ontario Inc., is a corporation incorporated under the laws of the Province of Ontario.”

“The Defendant, Jeremy Smith, is an individual operating a sole proprietorship under the name Acme Suppliers”.

The Story
After having identified who you are suing and for how much and having identified all the parties to the action, it’s now time to tell your side to the story. In short and simple sentences and numbered paragraphs, tell the court the chronology of how the parties came together, what they agreed to, what actually happened, and how you suffered damages as a result of the Defendant’s acts or omissions. Dates, places, and the nature of the occurrences are important. Also, be sure to explain how you came to (if applicable) the nature and amount of the damages. You do not need to use “legalese”. Just write in everyday language.

Here are some examples:

Example #1:

The Plaintiff hired the Defendant to paint the Plaintiff’s house.

On January 1, 2010, the Plaintiff and Defendant signed an agreement.

The agreement said that the Defendant would paint the Plaintiff’s house for $5,000.

The Plaintiff had to provide a $1,000 deposit as part of the agreement, which the Plaintiff did.

The Defendant did not paint the house, but kept the Plaintiff’s deposit.

Example #2:

The Plaintiff hired the Defendant to renovate the Plaintiff’s kitchen.

On January 1, 2010, the Plaintiff and Defendant made an oral agreement.

While the Defendant was renovating the Plaintiff’s kitchen, the Defendant damaged the Plaintiff’s floors.

Despite the Plaintiff’s demands, the Defendant did not fix the damaged floors.

The Plaintiff had to hire a third party to fix the floors, which cost $5,000.

The Defendant should reimburse the Plaintiff for the cost of fixing the floors.

Example #3:

The Plaintiff hired the Defendant to repair the Plaintiff’s leaky roof at a cost of $10,000.

On January 1, 2010, the Plaintiff signed the Defendant’s contract for work.

The Defendant was supposed to repair the leaky roof to make the house air and water tight.

3 months after the Defendant allegedly repaired the leaky roof, the roof began to leak again.

The Plaintiff suffered extensive water damage because of the leaky roof amounted to $5,000.

The Plaintiff hired a third party to fix the leaky roof at a cost of $5,000.

The Plaintiff wants the Defendant to return the original $10,000 and pay an additional $10,000 to compensate the plaintiff for the damages.

Please note that the above are simplified examples provided for informational purposes only. Your story may have a lot more detail and complexity (e.g. parties, facts, legal issues, etc.). You should contact a lawyer if you have any concerns about the legal claims you’re raising or how to properly draft your story in a clear and convincing manner.

Remember: this isn’t legal advice.  It’s simply legal information.  If you’re looking for a lawyer, make a post on Dynamic Lawyers.

written by admin \\ tags: breach of contract, chronology, damages, defendant, jane smith, jeremy smith, john doe, mississauga ontario, newmarket ontario, oakville ontario, ontario inc, paragraph, paragraphs, plaintiff, province of ontario, renovation, simple sentences, sole proprietorship, toronto ontario, x corp

As a follow up to my last blog about small claims court matters, let’s keep going…Remember: this isn’t legal advice.  It’s legal information.  If you’re looking for a small claims court lawyer in Ontario, make a post on Dynamic Lawyers.

Valuing the Claim
Remember: the amount of damages you suffered must be less than $25,000. If it is over this amount, you will have to reduce your claim to $25,000 exclusive of interest (pre and post judgment) and reimbursement of court costs or legal fees. If you are not prepared to reduce your claim to this limit, then you need to take your case to the Superior Court.

If you claim for more than $25,000 or if you split your claim into smaller portions, each under $25,000 but which altogether are over $25,000, you run the risk of having the Small Claims Court reject your claim, or a party challenging it.

The next question is how to quantify your claim. If your claim is based on an invoice or a contract price or a specific damage that is ascertainable, then you know the value of your claim. Enter this amount on the space provided on page 3 of the Plaintiff’s Claim that says “How Much?” Along with entering the amount of your claim, there is also a space on the form to claim interest. Interest may be based on an agreed upon amount (e.g. as per a contract) or in accordance with the current court rate (as per Courts of Justice Act).

If your claim is not based on an invoice or a contract price and is not readily ascertainable, then you can put down your best estimate of what your total damages will be when the dust settles up to the maximum $25,000. You can also claim interest on this types of damages.

When calculating your damages, some things to keep in mind are: out-of-pocket expenses, lost income, lost opportunities, loss of reputation, loss of value to property, etc. Emotional distress and psychological harm are not easily to quantify and there are stringent legal tests that must be met in order for a court to award damages on that basis. Besides, if you claim these latter types of damages, you may expose yourself to having to open up your medical history through the litigation.

…Next Up: Schedule A…

written by admin \\ tags: best estimate, contract price, court matters, courts of justice act, emotional distress, interest interest, invoice, judgment, lawyer, lawyers, legal advice, legal information, legal tests, plaintiff, pocket expenses, psychological harm, reputation, small claims court, superior court, types of damages

As a follow up to my other blogs about the Ontario Small Claims Court, I thought I’d give some insight into the Plaintiff’s Claim.  Particularly, I want to shed some light on various aspects of the Plaintiff’s Claim in light of a Construction / Renovation dispute.

But first…a refresher for those who need it….

The Ontario Small Claims Court is one branch of the judicial system governing court disputes in Ontario.  The Small Claims Court is meant to be a more informal and simplified way of resolving disputes involving relatively small amounts of money.  As of January 1, 2010, the Small Claim’s Court’s monetary jurisdiction (i.e. the maximum amount of damages that the court can deal with and award) was increased from $10,000 to $25,000. This brings Ontario up to where other provinces – namely, Alberta, British Columbia, and Nova Scotia – have put their limits.

What is a Plaintiff’s Claim for a Construction / Renovation Dispute?
If you find yourself in the situation where the person or company you hired to build or fix your home or business has not done what you hired them to do, you may need to take them to court. To do so, your first step is drafting a Plaintiff’s Claim. A Plaintiff’s Claim is a court form which the injured party (the “Plaintiff”) fills out. The form must be filled out properly and completely or it may be rejected by the court staff or challenged by other parties. A Plaintiff’s Claim is basically your chance to tell your side of the story and explain why another party (the “Defendant”) has injured and should compensate you.

The Plaintiff’s Claim (Form 7A)
In what is to follow, we’ll be reviewing the major portions of the Plaintiff’s Claim as it relates to a Construction / Renovation dispute. Remember: if you need help with regards to filling out this form given your particular situation, you should contact an Ontario small claims court lawyer.

Court name
The first step in filling out the Plaintiff’s Claim is to identify the relevant court where you will start your litigation. Rule 6 of the Rules of the Small Claims Court says that you must commence your claim in the court where either the damage was done or where any Defendant(s) resides or carries on their business. So there may be a choice as to where you can start your litigation. If, for example, your scenario allows you to commence your litigation in either Toronto or Milton and you would prefer a faster court resolution, you may decide to go with Milton (because it’s not as busy as Toronto).

If you start your lawsuit in the wrong court, court staff may not accept it. Even if it is accepted, a party to the dispute may challenge the jurisdiction and require that you (at your time and expense) transfer the case to an appropriate court.

If you start a lawsuit in a court where no defendant resides, then you may be requested to swear an “Affidavit of Jurisdiction” (another court form where you swear the contents of what you say in the document are true and you sign it before a commissioner for taking affidavits) that the damages you suffered arose in the jurisdiction of the court office where you are filed the Plaintiff’s Claim.

You can obtain the contact information and jurisdiction for all Ontario Small Claims Courts at the Ministry of the Attorney General’s website.

Parties
Next, you need to properly identify the parties to the action. Make sure to use full legal names. Get a lawyer if you need help on this as they can perform various searches to properly identify parties. If, for whatever reason, a party cannot be properly identified, you may be able to include the name “John Doe” or “Jane Doe” (in the case of an individual) and then properly identify them later by amending your Plaintiff’s Claim.

If a party (Plaintiff or Defendant) is an individual, make sure to have their full legal name(s). The individual’s middle names are not necessary. If the party is known by more than one name, you can include each addition name as another party. It’s always best to be overly cautious about naming parties!

If a party is a sole proprietor (which is an unincorporated business owned and operated by one individual), then you need to identify both the individual and the name under which the business operates.  Here, a sole proprietorship in a Plaintiff’s Claim could be one party (e.g. “John Doe, carrying on business as Acme”) or two separate parties (e.g. “John Doe” as one party and “Acme” as another).

If the party is a company, make sure to include their full corporate name ­- which always includes a suffix such as “Corp.”, “Co.”, “Inc.”, “Ltd.”, etc. or simply the words “Company”, “Corporation”, “Incorporated”, or “Limited”.  The Ministry of Consumer and Business Services maintains a database of company names and, for a small fee, you can obtain a Corporate Profile Report to make sure you get the proper business name.

If the party is a numbered company doing business under a different name (called a “Trade Name”), then you should identify the party as the numbered company operating as that Trade Name (e.g. 123456 Ontario Inc. carrying on business as Acme).  The fear here is that if you don’t include both the corporate name and the Trade Name, then you may ultimately get a judgment only in the name of one of those parties.  You may not be able to collect on such a judgment: you will need a court order to amend your judgment to correct the name.  Once again, there is a government database of Trade Names which can be searched to properly identify parties.

If a party is a general partnership (two or more persons carrying on business together with a view to a profit), you need to identify both the individual partners and the name under which the partnership operates.  Here, a partnership in a Plaintiff’s Claim could be one party (e.g. “John Doe and Jane Smith operating as Acme Partnership”) or three parties (e.g. “John Doe”, “Jane Smith”, and “Acme Partnership”).  Worth mentioning is that if you only identify the partnership name as a Defendant, for example, and get a judgment, if the partnership has no assets but the individuals partners do, your judgment won’t be enforceable against the individual partners.  The Ministry of Consumer and Business Services maintains a database of partnership names registered under the Business Names Act and, for a small fee, you can obtain a Corporate Profile Report to make sure you get the proper partnership name.  Third parties also provide those services.

In the first page to the Plaintiff’s Claim, there is a place to include all the relevant information about the Plaintiff(s) and Defendant(s).   If there are multiple Plaintiff(s) and Defendant(s), then you’ll need to use form 1A “Additional Parties” and include that with your Plaintiff’s Claim.  Make sure to check off the box on the Plaintiff’s Claim to indicate that there are additional Plaintiffs or Defendants.  Finally, if a party is an individual under 18 years of age, be sure to check off the box or boxes that apply.

…TUNE IN FOR MORE BLOGS ABOUT THE PLAINTIFF’S CLAIM…

written by admin \\ tags: construction, defendant, ontario small claims court, ontario small claims court lawyer, plaintiff, small claims court

So the Supreme Court mentioned bloggers in a recent decision on defamation law.  That’s a big deal.  The case is Grant v. Torstar Corp.  The case involved defamation law.

What’s important here is not so much the facts of the case or the outcome of the decision, but rather what the Supreme Court observed about bloggers when it comes to defamation.

In a nutshell, the Supreme Court observed that bloggers engaged in public communication on matters of public interest could have a viable defence against defamation lawsuits.  That defence was called “responsible communication on matters of public interest“.  The Supreme Court held that this defence will apply to media (and bloggers) where:

A. The publication is on a matter of public interest and

B. The publisher was diligent in trying to verify the allegation, having regard to:

(a) the seriousness of the allegation;
(b) the public importance of the matter;
(c) the urgency of the matter;
(d) the status and reliability of the source;
(e) whether the plaintiff’s side of the story was sought and accurately reported;
(f) whether the inclusion of the defamatory statement was justifiable;
(g) whether the defamatory statement’s public interest lay in the fact that it was made rather than its truth (“reportage”); and
(h) any other relevant circumstances.

The Supreme Court commented that this defence is, absent good reason, available to anyone who publishes material of public interest in any medium.  So there you have it: bloggers and other online social media personalities are on the same page as traditional media when it comes to this new defence.

written by admin \\ tags: bloggers, blogging, defamation, grant v. torstar corp, supreme court of canada