Featured Articles

What To Do When You Receive A Statement Of Claim That You Are Being Sued

When someone receives a Statement of Claim that they are being sued, the first thing they should do is call a lawyer and take action. If it’s an actual court action, as opposed to just an application, then you need to respond right away because there is a time limit from the day you’re served with the statement. If you’re a resident in Ontario,... » Read this article

The Use Of Experts In A Lawsuit Case

It’s not unusual for a lawyer to rely on the advice of experts in other fields, and in the case of a lawsuit, to call in financial experts to go over the books and give their advice on where the case stands. Sometimes, other experts are required for reasons other than financial expertise. For instance, I often use accountants as well as handwriting... » Read this article

The Possible Responses To A Statement Of Claim

If you think the plaintiff owes you money, you can defend yourself by making a claim against them. You can add other parties to the counterclaim as well, those who are not already party to the litigation. For example, if the plaintiff is a corporation suing somebody, the person may insist that not only do they not owe the corporation money, but in... » Read this article

The Steps Involved In Responding To A Statement Of Claim

The first step would be to determine when the clients were served, because I want to make sure they’re still within their 20 days’ response period. Some people read that condition and either don’t understand or don’t believe that the 20-day limit applies. If they’re within their 20 days, and depending on how far they are within in it,... » Read this article

The Rights Of Spouses And Children During An Intestacy

What rights does the family have when the deceased has no will? Ontario law has evolved both in terms of common law and legislation to provide a structure for the inheritance rights of legally married spouses, children and common law spouses. There is some overlap in those rights and some big differences. Imagine two scenarios. 1. John and Jane Murphy... » Read this article

Whether There Is A Time Limit On Applying For Securities For Costs?

Gregory M. Sidlofsky, Counsel to Charles B. Wagner & Associates, discusses whether there is a time limit on applying for securities for costs. The longer the defendant delays in requesting security for costs, the more likely a court is going to say the request is too late, but technically, there is no rule that says there are only a certain number... » Read this article

The Background Behind A Security For Costs Claim

There are two reasons that a defendant in a lawsuit will request security for costs. The first reason is to ensure that there is a fund of money that the defendant can turn to in order to collect his costs or at least part of his costs if he is successful. He does not want to go through a lawsuit that lasts five years and incur hundreds of thousands... » Read this article

The Various Grounds For Pursuing Security For Costs

Gregory M. Sidlofsky, Counsel to Charles B. Wagner & Associates, explains the various grounds for pursuing security for costs. There are several grounds that the court considers in its decision to order security for costs. The plaintiff, who initiated the lawsuit, resides outside of Canada. There is another proceeding for the same relief that’s... » Read this article

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