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Litigation Toronto

litigation toronto

Injury Lawyers in Toronto

Welcome to Injury Lawyers in Toronto

A personal injury lawyer in Toronto is the solicitor or barrister representing you when making an injury claim against a third party. They will help you obtain a compensation for the emotional and physical trauma a third party has caused you due to their negligent behaviour. Personal injury in Toronto can include a range of many situations and conditions. Some examples of personal injury in Toronto that you can file a claim for include: slip and fall injuries, car accidents, wrongful death, occupational injuries, nursing home abuse, medical negligence, exposure to toxic materials, product defect injury, and many more. Solicitors practice in many fields and those who deal only with personal injury claims are known as personal injury lawyers in Toronto. It is essential to hire a personal injury lawyer in Toronto who is highly experienced with personal injury claims so you get the compensation you deserve.

Personal Injury Lawyers in Toronto

To investigate the legal expertise and experience of an injury lawyer in Toronto you are interested in hiring, find out if your injury lawyer in Toronto is a member of a Canadian recognized law society. Do not fall for the APIL trick that injury lawyers in Toronto like to play on unsuspecting people looking to hire an experienced injury lawyer. Personal Injury Lawyers in Toronto are set up for personal injury cases which is based on only the fees they pay and not by the expertise they have. A lawyer in Toronto advertising that he is a member of an accredited Canadian law society such as our firm is most likely experienced and a good lawyer to represent you for making your injury claim in Toronto. Keep an eye out for legal services firms in Toronto that pretend to be solicitors or lawyers but actually only perform the task of referring you to them. These legal services firms in Toronto do not have your best interests in mind when referring you to a lawyer or attorney in Toronto so make sure you get in touch directly with an experienced atorney or lawyer, such as our firm.

More about Injury Lawyers in Toronto

Before approaching any personal injury lawyers in Toronto check your insurance policy to see whether it covers the legal costs and expenses of making an injury claim in Toronto. If that is the case, usually your insurance company will have a few solicitors of their own that you can choose from, to represent you for making your injury claim in Toronto. In Toronto, there are ‘no win, no fee’ rules which state that you don’t have to pay your personal injury lawyer in Toronto unless he wins the case for you and is able to obtain the compensation you deserve. If you win, you will then pay the injury lawyer in Toronto with the compensation you receive. It is important that an injury lawyer in Toronto effectively communicates with you through regular phone calls, be able to inform you of any updates and explain any technical and medical terminology related to the case. The contract terms, conditions, fee structure should all be discussed up front so you are not left clueless and in the dark till the end. If you feel you are not getting the satisfaction of an experienced injury lawyer representing you in Toronto then you do have the right to approach someone else. Hire a personal injury lawyer in Toronto to help you get the compensation you deserve, so you can stop suffering and start living again.

Personal Injury Lawyers and Attorneys in Toronto

The injury lawyer in Toronto helps you file a case and get compensation for the loss incurred by you in the injury. While choosing a personal injury lawyer in Toronto make sure he is well versed in dealing with insurance companies. Insurance companies represent most of the injury cases from the defendants? side. An experienced injury lawyer in Toronto will have the claim settled out of court, as most litigants want to avoid trials and publicity. The settlement amount varies depending on the extent of loss or injury.

Injury Lawyers in Toronto

Legal advise needed?

I won a litigation case in Toronto Small Claim court. I sent a copy of the verdict and an invoice to the Defendant for payment. It has been more than 1 week past and I have not received any payment yet. How do I proceed to get the payment from the verdict.

Judgments are not self collecting. Often the collection is more difficult, expensive & time consuming than obtaining the judgment itself.

The following applies to US Courts; but Provincial should be similar:

Simplest: Come to an agreement with debtor on payment.

Next: Judgment Lien Recording. Record a certified copy of the judgment to create a “lien” against any real property the debtor may own. This will prevent the debtor from selling or re-financing his property without first paying your judgment. Requirements for recording judgment liens varies widely by jurisdiction.
Debtor Examination: Some courts allow you to compel judgment debtors to answer your questions about their property, debts and earnings. Depending on jurisdiction this may be by written interrogatories or even a deposition before a court reporter. Ask the court clerk what procedures are available in your court.

Writ of Attachment or Execution on Debtor’s assets.
If you can locate and identify physical assets of the debtor you can ask the court for a written order to the sheriff to seize them for a Clark’s or Sheriff’s sale to pay the judgment. This order – called a “writ of attachment” or “writ of execution” – must be served on the debtor with a description of the property to be seized. You will have to deposit the costs of seizure, storage, sale, publication of notice of the sale, and possibly a bond to protect the sheriff’s office from being sued in the event the property actually belongs to someone other than the debtor. You will also have to pay the storage charges while the court advertises the sale. These costs can be added to the total amount of the judgment and taken out of the money received from the sale of the property. Before you undertake these expenses check the Sheriff’s records to determine there are no other judgment liens that must be satisfied ahead of yours and check vehicle titles and the public records for liens against other property to avoid seizing something which the debtor doesn’t own or against which there are other liens.

If the judgment debtor owns real estate, the Sheriff can execute against that, but the rules are even more complicated. You’ll need to do a title search to determine if there are any mortgages on the property or any other judgment liens recorded against the same defendant which may have priority to yours. There may be back taxes due on the property. The property may be jointly owned with others. In many states the debtor’s home is exempt from such execution. Consulting a lawyer is definitely advised.

Writ of Garnishment. You can also seek to have the court order anyone who holds funds for a judgment debtor, withhold them & pay them to you. This is called a Writ of Garnishment. It can be directed to a bank or the debtor’s employer or anyone else who owes them money. The request for the writ must be served on the judgment debtor and the writ itself must be served directly on the involved bank employer or entity that owes the debtor money. There may be special charges that must be deposited with the court to obtain a writ of garnishment Bank garnishments are sometimes called a “levy” on the bank account. Certain bank accounts, such as those held jointly with someone who is not a judgment debtor, are “exempt” from garnishment. There are special rules involving wage garnishment. You can ask the court to order the debtor’s employer to withhold a portion of the debtor’s wages from his earnings each pay period to pay the judgment. The law limits the amount of money an employer can withhold and the type of income that can be withheld, and in some states all such wages are exempt. One type of garnishment is called a “Till Tap.” When the debtor is a business, some states (such as California) allow you to get an order authorizing the sheriff to go to the business and take enough money out of the cash register or receipts to pay the judgment.

Driver Licensing Notification . If your judgment resulted from a motor vehicle accident, some states will suspend the judgment debtor’s license until it is paid. Generally this involves filing a copy of the judgment with the state driver’s licensing authority together with an affidavit of non-payment. Call the state licensing authority for the requirements.

Khan wins second Mongol Court Case TORONTO, ONTARIO – - Khan Resources Inc. is pleased to announce that the Mongolian capital in 2010 decided Administrative on 2 August in favor of its 100%-owned subsidiary, Khan Resources LLC, and stated that the decision of the Nuclear Energy Agency to Khan Mongolian Mongolia Exploration License 9282X invalid is itself invalid and illegal.

Toronto Litigation

toronto litigation
What should a student in highschool do who wants a career in law?

I want to be a litigation attorney, in either Child Advocacy, Criminal or Family. What should I do in highschool to prepare myself for universities, and in what subjects should I excel in to get in to the universty of my choice? (I am particularly not good in math)

To start with get a math tutor but concentrate on political science and the history of the justice system, you will need good math skills no matter which area you practice in and studying the history of the judicial system will teach you some areas to avoid.~

NewsFlash: Toronto Enturbulated by Invading BattleToads!

The Growing Popularity of Collaborative Law in Divorce

The process of ending an established marriage can drain family finances relative to the animosity between spouses and the marriage rights at stake. Disagreements over property and child custody inevitably require many trips to the lawyers and extended court appearances.

The disruption in the lives of family members involves emotional fallout as it is without adding the frustration and anger over loss of money into the equation. The notion of collaborative law was thought up by American lawyer Stu Webb in 1990. Rather than using a neutral arbitrator each party is represented by a lawyer in a four-way negotiation. The family or divorce lawyers provide advice on the entitlements of each in a non-adversarial manner in order to bypass lengthy court procedures and the ongoing expenses of bitter litigation. The spouses sign a contract to renounce their right to threaten or pursue an action during the collaborative process. If one party later takes it to court both attorneys have to drop out and can no longer represent them, nor can they make use of any of the information disclosed.

In the past the divorce lawyer was stereotyped in comedy routines as the hand-wringing victor who was the beneficiary of a windfall every time an unfaithful husband got his just rewards in court. The real fact is that deep emotions are involved and those feeling can’t help but rub off on those interviewing them and hearing stories of neglect or abuse, not to any professional with a heartbeat. In homes where domestic violence has occurred and where children are involved the situation is delicate and even a repentant spouse may repeat the pattern that resulted in the split.

The attorneys choosing the collaborative route are specially trained in handling sensitive issues. Although first impression might suggest the lawyer is giving up hefty fees, the ultimate effect may prove to be more referrals and future business will come of the efficient and timely handling of the family crisis, and after all the time saved will enable the lawyer to accept more client cases. The deep financial recession puts pressure on the new lower middle class to the point where the legal fees of divorce cause less money to be available for the children. Separating is expensive and a court divorce is almost a luxury if the warring parties pit lawyers against each other in a long drawn-out conflict. Psychologists known in this context as “divorce coaches” and child psychologists counsel the family in preparation and the lawyers set the agenda and coach the spouses in four-way meetings.

Using the collaborative approach lawyers advise their respective clients of laws that apply to their circumstance, guide them a process of cooperative conflict to find solutions to problems, provide all disclosure and discovery, avoid using adversarial tactics, and model listening skills for each spouse so the interests of both are promoted. In this they can expedite the parting of the ways in a dignified manner, making the best of a bad situation.

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Litigation Solicitors London

litigation solicitors london

London Solicitor Advises on the Cost of not Having a Lawyer!

There are, in essence, three principal ways of resolving a dispute other than by means of legal proceedings. If they work they are better for you and your business than pursuing matters through litigation. They are (1) communication between the parties; (2) communication between the lawyers; and (3) alternative dispute resolution or ADR as it is called for short. However, in relation to all three ways, you must adopt the maxim of:

 “Hoping for the best and preparing for the worst”.

 While you hope that your negotiations, your solicitor’s letters or ADR will be successful the prudent person also prepares for the possibility that you might have to resort to litigation. While you may not be aware of it, what you do and do not do before legal proceedings are commenced can affect your position in those proceedings should they become necessary. The obvious way in which your pre-action conduct can affect you is in the area of costs and interest rates. While (broadly speaking) the Court has no jurisdiction over parties unless/until they become involved in litigation, it nevertheless seeks to influence their conduct primarily through the threat of financial penalties.

 Costs are, of course, an extremely serious issue both for the client and the lawyer. That is something that is recognised by the Court and reflected in the Rules. Thus, while the issue of costs is always within the discretion of the Court, it is usual in this jurisdiction for the unsuccessful party to be ordered by the Court to pay the reasonable costs of the successful party on what is known as the “standard basis”. That generally translates into about 70-75% of actual costs leaving a shortfall for which the successful party will be liable to pay. Hence if those parties conduct themselves properly the successful party (let us say the Claimant) will recover 70-75% of actual costs from the Defendant. However, if either of the parties does not behave properly in the Court’s eyes, that party is likely to be penalised.

 (a) For example, the Court might consider that the successful Claimant has behaved in an inappropriate manner and is therefore not to be allowed any of its costs or as much of its costs as would otherwise have been the case.

 (b) Alternatively, the Court may consider that the unsuccessful Defendant has behaved unreasonably and will order it to pay costs on what is known as the “indemnity basis” which entitles the Claimant to a recovery rate of more than the usual 70-75% of actual costs (sometimes – in rare cases – as much as 100% of actual costs).

 (c) Similarly, the Court is able in certain circumstances to penalise the unsuccessful defendant who has behaved in an unreasonable way by ordering it to pay interest on the claim at a higher rate (up to 10% above base!) than would otherwise have been the case.

 If the parties can resolve the dispute between themselves and without the involvement of the lawyers then of course they should do so. However, if you have a dispute which you feel able to resolve yourself (and not all will fall into that category) you must be careful in case the dispute is not resolved in spite of your best efforts. What you say, write, or do during this stage of the dispute may prejudice your position should matters escalate to legal proceedings. Thus, for example, do you know when you should write on a “without prejudice” basis or a “without prejudice save as to costs” basis or on an “open” basis? Many people get these things wrong. Do you know what you should and should not be saying in each of those different categories of correspondence? Do you know what the Court considers to be reasonable and unreasonable conduct before litigation is commenced? Do you know whether your dispute is covered by any of the pre-action protocols? Do you know what documents you are obliged to provide at this stage and which documents you do not have to disclose now or ever?

 Court is the last resort. Before letting slip the dogs of war explore first what can be achieved through the arts of peace – negotiation, correspondence, expert advice, mediation and all the techniques of alternative dispute resolution.

 This article is free to republish provided the authors resource box below remains intact.

Toronto Litigation Lawyer

toronto litigation lawyer

Consumer Protection in Oaxaca, Mexico: a Case Study

Alvin Starkman  M.A., LL.B.

 

 

 

Procuraduría Federal del Consumidor (PROFECO), Mexico’s Federal Office of Fair Trading, is the closest you can get to an American or Canadian style government administered consumer protection bureau and mediation facility.  Its Oaxaca regional office is run in a relatively swift and efficient manner, meaning that it is extremely user friendly from the perspective of an expat seeking recourse against trades and businesses located both in the state and further abroad.  Naturally, though, it’s subject to limitations, and to idiosyncrasies to which we are not accustomed.     

 

I purchased a hot water heater made by Hidro Electrica, SA de CV (HESA), which to my amazement came with an eight-year limited warranty.  Usually in Oaxaca one buys domestically produced or assembled goods with a 30 day guarantee.  In the odd case it’s for three months (extended warranties are rarely available, since manufacturers and insurers are aware of the lack of adequate quality control in Mexican production). Typically your widget stops widgeting within a week after expiry date … be it a washing machine, microwave, TV, or long-life bulb. 

 

After about a year one side of the dual-tank HESA boiler sprang a leak, and then a couple of months later the other side followed suit.  After six months and several phone calls to my retailer, Tubos y Conexiones, the HESA authorized repairman arrived with two pairs of replacement tanks, neither of which matched the tanks which came with the unit I had purchased.  “Don’t worry,†Roberto assured.  “I’ll bring you the right tanks when they’re in stock, so just choose one of these two sets for the time being so your heater will at least function.â€

 

Whenever you sign anything, if you’re not entirely satisfied with the service provided or product received, qualify your acknowledgment.  Doing so assists when availing yourself of the resources of PROFECO.  “Temporary solution pending the arrival of the elite stainless steel tanks,†I noted on the work order.  Anything in writing appears to be taken as gospel in Oaxaca, therefore regarded as almost irrefutable evidence.  Just ask anyone who’s been held in jail for two years pending trial, based on little more than newspaper clippings alleging criminal activity.

 

Over the course of the next year I periodically attended at Tubos y Conexiones, each time pleading with my contact person, Boneque the branch manager, to help me get the proper tanks before the replacements went awry.  Boneque was in fact cooperative, so much so that he admitted to me that the HESA service department had become a real pain, with complaints and lack of their resolution mounting.  Hilda, HESA’s Oaxaca representative, had left the company, and serviceman Roberto was no longer accepting work from the manufacturer.

 

Three or four emails to the HESA service department went unanswered, as did the message left at HESA for its chief technician. Hearing “Mr. Levin will return your call in 15 minutes,†by this time did not instill the confidence in the company I had been seeking.

 

With my bill of sale and warranty booklet, copies of emails, the qualified work order acknowledgement, and notes of every communication or attempt at reaching a resolution all in hand, I attended at the offices of a friend, litigator Lic. Edna Franco:  “Don’t worry about my fee Alvin.  My concern is that on a claim worth less than 15,000 pesos, the out-of-pockets will kill you.  Go to PROFECO … that’s what I tell all my clients to do before they retain me.â€

 

Oaxaca doesn’t have a small claims court system, which means that regardless of the peso value of your claim your costs will be the same, subject to working out a deal with your lawyer for a reduced fee.  Edna advised me that proceeding through the court system on your own, even for a former Canadian litigation lawyer, is an almost insurmountable task.  Hence, PROFECO is the way to go, subject to your fact situation meeting its mandate and guidelines, and your willingness to use a government-run mediation facility. 

 

The Oaxaca PROFECO offices are well staffed, yet used by a relatively modest percentage of the populace, meaning that compared to government offices of transportation, immigration and taxation for example, they are a welcomed and expedient breath of fresh air.  Intake reviews your documentation and advises what if anything is lacking, and how many copies are required.  Your primary advisor then reviews your paperwork, asks for clarification, and prepares a claim package.  Feel free to supplement the information she selects to append to your claim, by suggesting the inclusion of any additional documentation you might have.  Remember that as competent and seemingly helpful as she might appear, she is nevertheless a Oaxacan civil servant:  “Is it okay if we also attach copies of these notes I made over the past year?,†I queried. More hard evidence. 

 

My initial September 11, 2008, attendance terminated with a hearing date I negotiated to meet my schedule, October 10, 2008.  “You know,†advised Aurea Guzman Palacios, “you should also name your retailer, Tubos y Conexiones, as a respondent, even though it seems like it didn’t do anything wrong.†I wouldn’t have advised a client with a legal dispute any differently!

 

“We’ll look after serving them, but remember to make sure you’re here at 10 am sharp on the October 10th.â€Â  Even in Toronto we’re accustomed to giving 15 minutes grace, so how could it possibly be that Oaxaca, government to boot, could possibly adhere to a more stringent and exacting timetable?

 

Service of the proceeding and notice of the date is effected by the regional PROFECO office where the company carries on business.  In the case of HESA, this meant in the State of Mexico. 

 

A Tubos y Conexiones representative attended, arriving shortly before the appointed hour.  HESA was a no show.  The PROFECO mediator, Javier, called the Estado de México PROFECO process server, and was advised that HESA was not served because company employees were on strike and the factory was shut down.  The mediator was skeptical, indicating to me that sometimes federal government employees forget to do their jobs, or simply can’t be bothered and make up stories.  But in this case we should give them the benefit of the doubt and simply ask them to once again try to serve  the documentation with a fresh return date, a month down the road.  November 10th was set for the new appointment, with more documentation drafted, the preamble including the circumstances of the adjournment.

 

Before conceding that PROFECO was unable to serve HESA, in the presence of Javier the conciliator and Engineer Octavio the Tubos representative, I called the HESA offices.   Lorena Torres, receptionist, advised me that the employees were not on strike, nor had they been in the recent past, and that the company was functioning as normal.  So much for the veracity of the State of Mexico PROFECO process server. 

 

PROFECO levies a fine against a company for each missed appointment, the amount increasing with each failed attendance.  Should HESA fail to attend the next date, after having received notice, the fine would be 172.79 pesos, making it hardly a compelling reason for the company to send someone from head office.

 

By the time November 10th had arrived, my hot water heater, wrong new tanks still in place, had once again sprung a leak, albeit a small one.  The main implication is that the dripping water puts out the pilot from time to time, so unless you’re constantly checking, you never know when your shower will be hot or cold.

 

Neither HESA nor Tubos attended on the new date for the proceeding.  The PROFECO mediator checked on his computer, and with the State of Mexico regional office, once again being led to believe that HESA was on strike.  And once again I called HESA and confirmed that business was operating as normal, without strike.  “Don Alvin,†Javier assured, “we’ll try to serve HESA once more, and hopefully this time the process server’s supervisor will have a word with him and tell him that there is no strike.â€Â  More importantly, the conciliator decided to levy a 3,000 peso fine against Tubos for not sending its representative to this second meeting.

 

I didn’t ask why the fine for Tubos was so steep, simply stunned that my ally was being dinged with a sizeable stipend while the scoundrel was getting off unscathed because it ostensibly had no notice of the proceeding.  “I think we should be trying to convince Tubos that it should share responsibility, and maybe this fine will be what it needs to convince it to come to the table and acknowledge that you were relying on the judgment of its salesperson when you decided to buy a HESA product.â€Â  Javier was treating me with the utmost respect (i.e. “Don Alvinâ€), giving me advice, and being pro-active in his approach to the matter.  “Let’s give them a bit more than a month to be served, just to be safe.  How about December 15th?â€

 

On December 15th, Engineer Octavio once again attended, but no one from HESA.  This time PROFECO had a statement from its process server stating that indeed HESA was on strike, all very strange since there has not been any such indication on the internet.  “It could be that some company employees are striking, and HESA is able to use this as a way to avoid service of legal documents for the entire company,†Javier surmised. Only PROFECO is permitted to effect service of PROFECO documents, so my offer to have a friend in Mexico City attend at HESA with the papers was rejected.

 

I decided enough was enough, and if I could exact upwards of the 3,000 peso fine from Tubos, and buy a new, alternate brand product, that would be the best, at least in terms of finishing my business with PROFECO.  I could continue to pursue HESA, but only in court since the PROFECO proceeding would be closed out.  We adjourned until the 17th, the plan being that in the interim I would attend at Tubos, select a comparable product of another manufacturer, and be given a 2,500 peso credit. 

 

As long as PROFECO does not register a fine with a companion governmental branch, presumably finance or collections, the amount or any portion thereof can be applied to a comprehensive resolution as part of a negotiated settlement.  PROFECO doesn’t otherwise receive the fine amount, nor does the consumer.  The paperwork which reflects the levying of a fine can be redrafted with no mention of a fine. Literally, one branch of government does not know what the other branch has done.

 

I selected an alternate brand, Delta, with equivalent specifications and a six-year warranty, for a net cost to me of 9,800.25 pesos.   Three years earlier I had paid 11,736 pesos for the HESA hot water heater. Given Mexico’s rate of inflation, I didn’t do too badly.   Although I have released Tubos y Conexiones from any further obligation to me, I have preserved the right to proceed in court against HESA, for all losses including the cost of my new Delta boiler.  Economically feasible or not, that’s the way I intend to go. 

 

PROFECO has its limitations, especially since its power to force and enforce resolutions in this type of consumer dispute are restricted.  However, it does provide an important and valuable alternate means of dispute resolution, attractive for a number of reasons:

 

1)      The system works fast, much more so than that to which we are accustomed in Canada and the US;

 

2)      There is no cost to the consumer;

 

3)      The staff are helpful, obviously well trained, and willing to render legal or quasi-legal advice … although not necessarily correct advice, it’s nevertheless helpful for foreigners, often with limited networks otherwise able to provide counsel;

 

4)      Its mediators appear to have good mediation skills and be sincerely motivated to bring parties together with a view to achieving resolutions in a cost-effective and sensible fashion.