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Litigation Advice

Kelly + Singh Lawyers LLP > Litigation Advice

Recent Court Ruling Is A Beacon Of Light In Foggy Legislation On Lawyers Fees

Court Decision Beacon For Lawyers Fees Disputes

When a lawyers fees are unpaid, or a client refuses to pay the account or disputes the fees owing, there are usually two potential avenues of recourse for either the client or the lawyer. Any party can either move to have the lawyers fees “assessed” by a court official called an Assessment Officer, or to pursue a lawsuit regarding the lawyers fees. There has been much confusion even among the courts about what the proper course of action is in such a situation. The confusion lies in the archaic provisions of the Solicitor’s Act, an Act which has frustrated judges and...

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How “Justice For All” Has Become Tribunals For Most

Justice For All Is Becoming Tribunal For Most

Most of us believe that justice means - if we are involved in some sort of legal dispute that we are entitled to our “day in court”.  Historically, a trial by a jury of one’s peers has been a cornerstone of justice within the democratic tradition in common law countries such as Canada, the United States and Britain. Over the past several decades, however, the right to one’s day in court has been continually eroded resulting in a serious access to justice issue. Lack of adequate government funding has led to backlogs and delays creating significant frustration for litigants and giving...

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Under Construction: Major Reforms Coming To Construction Lien Act

Under Construction: Major Reforms To Construction Lien Act

The Ontario government has tabled Bill 142, which if passed will result in fundamental changes to the Construction Lien Act (the Act) and will have a significant impact on payment and dispute resolution practices within the construction industry. The most significant of the proposed amendments to the Act is the introduction of a mandatory prompt payment regime. Prompt payment regimes have been in place for decades in some other jurisdictions including the U.K., and there have long since been calls for Canada and Ontario to adopt a similar model. The impetus in adopting a prompt payment regime within this unique sector is to...

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Supreme Court of Canada Weighs In On Proving A Mental Injury

Mental Injury Saadati v. Moorhead

Just this week the Supreme Court of Canada released a landmark decision on the issue of mental harm and mental injury caused by negligence.   The Honourable Supreme Court Justice Brown, for a unanimous court, delivered the decision. The appeal arose from a motor vehicle accident claim in British Columbia. At trial the Plaintiff was awarded damages for mental injury based exclusively on the testimony of lay witnesses. In other words, no medical professional was called to support the Plaintiff’s claim for damages arising from mental injury.   The British Columbia Court of Appeal reversed the ruling, holding that in order to recover damages...

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How Social Media Can Impact Your Case

impact of social media

Interacting with friends and family through social media has become a normal part of everyday life for most people. People usually post pictures, comments, and videos – without realizing that everything that is posted could possibly become relevant and be used in a lawsuit, and ultimately harm your case. Below are three things you need to know about how social media can impact your claim: How do my social media postings get used in the lawsuit? Before the advent of social media, insurance companies who are defending against a personal injury claim would often hire a private investigator to conduct surveillance...

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