Litigation

Legal issues to keep in mind as we navigate uncharted waters

March 24th, 2020 by Iler Campbell

We are living in very unusual times. While we have adopted a physical distancing policy with many of us working from our home offices, we are very much up and running, ready to serve client needs.

In the last few days, we have been asked a variety of questions that, frankly, are new to us. We know that you are struggling with them too. This article attempts to highlight some of the issues that you may already have faced or may be facing tomorrow. Remember, if or when these issues arise, we are here for you.

We’ve tried to group them according to legal topic. Some of these will relate to you and some not. There is no legal advice in this blog. Just information that might help you know when it’s time to call for assistance. Continue reading “Legal issues to keep in mind as we navigate uncharted waters” »

How will Ontario’s increase in small claims court limits affect access to justice?

October 31st, 2019 by Claudia Pedrero

This article was first published on rabble.ca

As of January 1, 2020, Ontario will increase the value of claims that can be brought before the province’s small claims court. Soon, the maximum claim that can be filed will increase from $25,000 to $35,000.

Small claims court is a branch of the Superior Court of Justice that hears civil disputes. If a person has a claim that exceeds the maximum limit for small claims court, they need to pursue the case through the Superior Court of Justice or go through small claims court and limit the amount of the claim.

Ontario’s intent is to make it “faster, easier, and more affordable to settle claims,” while trying to alleviate some of the backlog at the provincial Superior Court of Justice, which the province notes is one of the busiest courts in Canada.

Continue reading “How will Ontario’s increase in small claims court limits affect access to justice?” »

Court fees increase again. Who should bear the cost of accessing justice?

April 10th, 2019 by Brynn Leger

As of April 1, 2019, the Ontario government has introduced significant changes to court fees for Small Claims Court as well as Civil and Family proceedings at Superior Court. Court fees are the costs that come up from time to time as a case moves through the court system and includes fees for filing a claim, setting a date for a trial, and a range of other court steps. These fees are not new and they have had significant increases in the past, but the most recent changes raise questions about access to justice for people and organizations with less money trying to pursue a claim in court.

Continue reading “Court fees increase again. Who should bear the cost of accessing justice?” »

Think your waiver has you covered? It might not.

May 18th, 2018 by Elliot Fonarev

Chances are your organization has dealt with waivers if your services have the potential to create injury or liability to your clients or customers – for example, if you operate sports facilities or provide access to a physical space with potential hazards. If so, a recent decision of the Ontario Superior Court of Justice on the topic of waivers may interest you. It highlights that documents that release liability should be drafted very specifically to make it clear which legal rights are being waived.

Continue reading “Think your waiver has you covered? It might not.” »

Construction project? Make sure you know the risks involved. Join us for a free workshop November 2.

October 24th, 2016 by Iler Campbell

construction

Join us at at our offices 9 am on Wednesday November 2 for this free workshop led by Safia Lakhani. Spaces are very limited! Email [email protected] to save your spot.

Getting it Done: How to Reduce Risk with your Construction Project
Whether you are completing building maintenance and upgrades or conducting larger-scale renovations, there are multiple risks associated with construction jobs. This session will explore ways for co-ops, condominium corporations, non-profit housing organizations, and others embarking on small or large-scale construction to mitigate risks, including: a. knowing the parties to the contract; b. properly reviewing your contract documents; and, for larger scale jobs, c. ensuring there is a bond in place from your general contractor.  We will also review  owners’ obligations under the Construction Lien Act, the provincial statute that outlines the rights and obligations of owners, landlords, contractors, and sub-contractors with respect to construction. There will be time set aside for questions.

This session is also a great opportunity for participants/attendees to get to know one another! We look forward to seeing you.

Access to justice crisis: 15 years too long to wait for solutions

March 26th, 2015 by Celia Chandler

We have all heard about Canada’s increasingly underfunded legal aid programs, escalating private market legal costs, and the scarcity of lawyers, especially in smaller, rural and remote communities. This has resulted in what many have termed an access to justice crisis. Indeed, the Canadian Bar Association has set targets for 2030 to equalize access to civil justice, as reported in this column in August 2013. The Toronto Star recently reported on programs in New York City, Windsor, and England and Wales where Self-Represented Litigants (SRLs) get support from students and other advisers who are not lawyers but have some training to find their way through the system — significant in those jurisdictions. But 2030 is 15 years down the road and a long wait for large‑scale system change; in the meantime, we have to live with the significant negative consequences to the legal system.

Read more on rabble.ca