Pragmatic, timely and cost-effective – because we know that you’ve got better things to do than sit in court!
Where disputes prove unmanageable, Hummingbird Lawyers LLP will litigate on your behalf to resolve disputes in your interest. We handle an array of business/commercial litigation matters covering shareholder and partnership disputes, oppression remedy actions, contract disputes, and employment matters. In concert with our real estate lawyers team, we advocate on general civil litigation matters including real estate litigation, commercial leasing and construction disputes, land claims, mortgage enforcement, franchise disputes, injunctions, and appeals.
Our first priority is to find you a pragmatic, timely and cost-effective resolution to the matter at hand because we know that you’ve got better things to do than sit in court.
Our full suite of Litigation Services
- Appeals and Judicial Review
With every court decision, one party will be left unhappy. Appellate law is practiced in the event of someone appealing a judicial decision they deem invalid.
- Commercial Lease Disputes and litigation
Your idea has become a business. You’re ready to start utilizing a commercial property. But what do you do if you have a lease dispute with your landlord?
- Commercial Tenancy Act issues
- Commercial Rent issues
Rent issues sometimes arise and violate contracts. A tenant should always be happy with their rent, and a landlord should always be transparent about it.
- contract issues
As a landlord, leasing out a property can be a big step. If your tenant is failing to pay rent, it complicates things. How can you collect arrears of rent?
- Commercial and Residential Real Estate Litigation
- Failed Purchase and Sale Agreements
There are many reasons why a property transaction can fail. However, there are legal matters that you must be aware of as a potential purchaser or vendor.
- Mortgage Enforcement
Mortgages have long been seen as a staple of our contemporary economy. Without mortgage enforcement real estate law, they would be invalid as a financial tool.
- Financing Disputes
- Mortgage Fraud
When someone is planning on buying or financing a house and they knowingly misrepresent information, they are committing mortgage fraud.
- Title Dispute
Due to better property records, a title dispute still happens every now and then. This can cause tension between property owners and neighbours. Here’s how to handle resolution.
- Planning Act Disputes
Ontario’s Planning Act lays the groundwork for rules that pertain to land-use in the province. If issues arise, an appeal can be made as a Planning Act Dispute.
- Corporate and Partnership litigation
- Partnership Disputes
- Shareholder Disputes
- Oppression Remedy
- Derivative Actions
- Governance Issues
- Commercial Contract litigation
- Construction Litigation
- Construction/Builders Liens
- Breach of contract, Contract Disputes, Construction Cost Disputes and
- Negligence Issues: Building defects, construction deficiency claims and product
- Employment Law Litigation (Employer and Employee)
- Wrongful dismissal claims
- Discrimination in the workplace / Human Rights Tribunal claims
- Legal Advice and opinion before termination
- Insurance Related Litigation
- Denial of coverage
- Product Liability
- Liquor/tavern liability
- Occupiers liability
- Professional Negligence / Errors and Omissions.
- Property and Commercial General Liability
- Sport and Recreation liability.
Litigation Frequently Asked Questions
Even if you “win” (obtain a judgment in your favour), you may have to enforce the judgment. In order for you to collect, the person/business must have one of the following:
- assets that can be seized and sold, or
- a debt owed to them by someone else (e.g. bank account, employment income) that can be garnished.
There may be other creditors who are already waiting to collect their judgments against the person/business. You may be able to find out by contacting your local credit bureau, enforcement office, land registry office, and/or court offices (a fee may be payable).
Even if the person/business does not have money now, you may be able to collect your judgment in the future.
For information about how to search a corporation or registered business name, contact us.
If your claim is for $25,000 or less or for the return of personal property valued at $25,000 or less, not including interest and costs, you may wish to bring your claim in Small Claims Court.
If the amount of your claim is worth more than $25,000, you can still choose to use Small Claims Court because it is simpler and less expensive. However, if you choose Small Claims Court you cannot claim more than $25,000. You will have to give up any amount over $25,000 and cannot start a claim at a later date for the amount in excess of the $25,000.
ii. Superior Court of Justice
If you are proceeding with a claim for more than $25,000, you must start your claim in the Superior Court of Justice.
The Superior Court of Justice deals with almost all types of civil cases except:
- Cases where a law says that the matter must go to a special government agency or tribunal. These include residential tenancy complaints, workers’ compensation matters and labour relations.
- Cases where the Federal Court has control. These include federal tax matters, immigration matters, and patents and trademarks.
Remember, the other party is able to respond to your claim and may give evidence that will affect the judge’s view of your entitlement.