Civil Litigation LawyerPragmatic, timely and cost-effective – because we don’t want you to spend any more time in court than you absolutely need to! At Hummingbird Lawyers LLP, we strongly believe in alternative dispute resolution in order to resolve matters in an efficient way, but where disputes prove unresolvable without the court’s involvement, Hummingbird Lawyers LLP will litigate on your behalf to resolve disputes in your interest. We handle a wide range of business/commercial litigation matters including but not limited to the following:
- Commercial and Contract Litigation
- Commercial Real Estate Litigation
- Corporate and Partnership Litigation
- Employment Law Litigation
Full Suite Civil Litigation Services
- Commercial Lease Dispute 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, contract issues, Defaults and any other disputes in this form of commercial lease litigation.
- Contract Issues
- 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 & 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 Enforcement
- Negligence Issues: Building defects, construction deficiency claims and product liability
- 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
If you win, will you be able to collect from the person/business?
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:Does the person/business owe others money?
- 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.Do you know the legal name of the person or business you wish to sue and their current residential or business address?
You will need correct information about who you are suing to properly prepare and serve your claim and to enforce a judgment if you are successful. For information about how to search a corporation or registered business name, contact us.Which is the right court to start your claim?
If the amount of your claim is worth more than $25,000, you can 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. 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:Which court location will issue your claim?
- 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.
Unless a statute or rule directs otherwise, you may commence your proceeding at any court office in Ontario. Note that a defendant may ask the court to have the case transferred to a different court location.Do you have enough evidence to support your claim?
You will have to prove your case. Consider what witnesses and/or documents you have to support you. If you do not have supporting documents (e.g. you entered into a verbal agreement) or witnesses, your claim may still be successful. However, if it is just your word against the other person’s, it may be more difficult to prove your case.Do you have a record of any payments, such as returned cheques or a clear recollection of what happened and when?
You will be required to include in your statement of claim a short, clear summary of the events that took place and the reasons you think you are entitled to judgment against the defendant. 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.How long ago did the incident take place?
There may be a time limit on how long you can wait before starting a lawsuit, which is set out in the Limitations Act. If you are uncertain about what limitation period applies to your case, give us a call and we can help.What are the legal fees?
Above and beyond legal fees, you will be required to pay for various services called ‘disbursements’. These include courier fees, document fees, and court fees amongst others. The cost of a lawsuit will vary from case to case, which is why we recommend you come in for a consultation with a civil litigation lawyer to get a better sense of costs.