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litigation Tag

Kelly + Singh Lawyers LLP > Posts tagged "litigation"

There’s Nothing Fair About Ontario’s “Fair Auto Insurance Plan” For Accident Victims

Neck Injury from Accident

Earlier this week the Ontario Government announced new proposed legislation to address auto insurance called "Ontario’s Fair Auto Insurance Plan”. This newly proposed legislation – the government claims -  will once and for all tackle high insurance premiums.  You have heard that promise before, repeatedly.   It’s perhaps no surprise that the Insurance Bureau of Canada, a national lobby group for insurance companies welcomes the latest changes. Previous government changes to the Insurance Act have reduced benefit amounts that accident victims can claim to minimal sums.   The Government very proudly announced that their plan means millions of tax payer dollars will be...

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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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What You Need To Know About the New Duty of Good Faith In Contracts

contracts

Contractual relationships often lead to lawsuits when parties to the contract disagree over their contractual obligations and rights.  Traditionally, courts have held parties to the strict written terms of their contract, even in cases where the terms seemed unfair.  In 2014, the Supreme Court of Canada released a ground-breaking decision that imposed a mutual obligation of good faith and honest performance on the parties to a contract.  This case has broad implications for businesses as they negotiate contracts with consumers, suppliers, and vendors, as lawsuits involving contract disputes will now be viewed by the courts in this context. Here’s what...

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How to Protect Yourself From a Home Renovation Disaster

homeowners imagining a home reno

With a heated real estate market in Toronto and surrounding regions like Hamilton and Burlington, a lot of homeowners decide it’s a wise investment to undertake renovations to their property for the promise of a higher selling price. Unfortunately a lot of things can go wrong when hiring a contractor, and contractors can have special rights and interests in your property if they are not paid, depending on the scope of the project. Here are a few tips on how to take the appropriate precautions when hiring someone to renovate your property and avoiding contractor disputes. 1) Determine what exactly it is that...

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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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Why Should Home Buyers Get a Home Inspection?

home inspection check box

Right now the Toronto and GTA real estate markets are hot, and the effect that this has on the atmosphere for buyers is apparent. Often buyers are unavoidably participating in bidding wars against many other buyers for one property, and houses are selling for over the asking price with no conditions. Unfortunately, this type of a market creates a risky environment for prospective buyers, since they begin to curtail their rights and remedies in a real estate transaction in order to put forward a more appealing offer to the seller and hope to clinch the deal over the competition. Often times one...

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Litigation Financing

Litigation Financing

If you are involved in a lawsuit, or are contemplating pursuing a case, you may have come across advertisements for "litigation financing" or "litigation loans". What are they? This is a relatively new phenomena. There are a number of companies - some in Canada, others in the U.S. that may be willing to advance money to a person who has a lawsuit pending in court. This can be very enticing to people such as plaintiffs in personal injury cases who are struggling financially while they wait for their case to work through the system. A lot of these companies offer "non-recourse" loans,...

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Five Things a Jury Member Must Know for a Car Accident Trial

Jury Seats in Courtroom

Contrary to what you may have seen on your favourite legal drama series on TV, in a civil lawsuit in Ontario, including personal injury suits, lawyers and their clients will know very little about the jurors who decide their case.  They will know the juror’s name, occupation and will see what they look like in court when the juror’s name is called. Lawyers don’t get to question selected jurors, and only get to challenge up to 4 jurors, after which, whoever is left will be the ones to decide the case. Unfortunately, as a member of the Jury, there are...

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