Business Law & Corporate Law

HOW TO CLASSIFY A CRIMINAL OFFENCE

Criminal trials for adults (people age 18 or over) in Ontario, are carried out in two trial courts, the Ontario Court of Justice and the Superior...

THE SIMPLIFIED APPROACH TO PROCEEDING WITH A CLAIM

The purpose was that more modest claims should proceed by a simplified procedure that still provided ample due process but reduced the high costs and delays...

CASE MANAGEMENT AND MANDATORY MEDIATION

Civil Case Management was introduced in 1997 through a new rule (rule 77.01). In Toronto presently, it is applicable in limited circumstances only, but not so...

ENFORCING OR APPEALING A JUDGEMENT OR ORDER AND OBTAINING YOUR COSTS

A judgment is considered as a kind of order that a court issues.At the end of a proceeding, a judgment is pronounced. It is a decision that...

SOME THINGS TO NOTE WHEN CONSIDERING GOING TO TRIAL

Once all the evidence needed for the trial is ready, there remains a number of preliminary matters for consideration immediately before (or at the start of) trial. Generally,...

PREPARING FOR TRIAL

Collecting evidence is the first step in preparing for the trial of an action. Testimony of witnesses, admissions, and documents are the components of evidence.  A...

DAMAGES IN REAL ESTATE

When a vendor or purchaser breach an agreement of purchase and sale by not completing the sale transaction, the innocent party may suffer damages and should...

TRIAL AND JURY

Pre-trial procedures and offers to settle are considered a process in-themselves.  People are gently nudged to see the cost consequences for failure to accept a realistic offer, thereby...

TESTIMONY & BEING EXAMINED IN A DISCOVERY

At the outset, it is necessary to note that in Ontario there is no discovery in applications. In Ontario discoveries occur in actions; a two-part process, beginning...

WHAT IS A MOTION

A proceeding within a proceeding, that is how a motion is defined. With a view to decide issues arising between parties, this subsidiary step is taken...