Small claims court in Canada is much like those in the States. A party that feels that he or she has been wronged in some way sues another party for an amount of money or with the intent that the defending party performs an action to rectify the situation. The two parties concerned in these actions are the plaintiff and the defendant. As in other situations, the plaintiff is the person bringing suit and the defendant is who the suit is against. Here is an overview of how to bring a claim against someone and what to do if they don’t pay.

If you feel that you have been wronged, you may have no other option than to take the offending party to small claims court. Although retaining a lawyer is not required for these matters, seeking counsel from an attorney is wise. After reviewing your case, they can determine your chances of winning, what you should ask for compensation, and bring up other issues you may have not considered.  Lawyerahead.ca is a free service to find a lawyer and has the most comprehensive information on Canadian lawyers in your area.

The first procedural step to get the ball rolling is filing a claim form received from the court office in the correct jurisdiction. As far as jurisdiction goes, one needs to hone in on exactly where the offense took place, or where the claim should be filed, taking the many factors surrounding the case into consideration. Let’s say a Windsor couple damaged your vacation home in Nova Scotia that you rented out to them. Although you own it, you live on the outskirts of Windsor yourself and may consider taking them to court locally (or seeing if it is possible) instead of filing the claim in Nova Scotia.

The claim form, in brief should be your point of view (as detailed as possible) about what happened, who did it, and what you expect them to do about it i.e. the remedy. Again, make sure this is filed in the correct jurisdiction, because if it is not, the defendant may object to this and if the judge agrees, can get the case dismissed or cause problems. Also, try to organize the case facts as clearly as possible.

Evidence evidence evidence. Whatever pertains to the case should be collected- any receipts or bills incurred or conversations between the parties. Anything that in effect says that you were wronged and/or justifies the remedy you are requesting should be considered as evidence. Witnesses too. Perhaps a neighbor witnessed the destruction of your Nova Scotia vacation home by the couple. Arranging to have them present in the courtroom and testify to it would be prudent.

Settling outside of court is always an option too. This might work out best for both parties and settling avoids messy after-judgment debt collecting. Set up a time and place where you can meet together and try to come to some agreement. If none can be reached, simply continue with the case.

You won! Now what? Well, it’s time to collect. Fingers crossed that the defendant, now the judgment debtor will pay up. Unfortunately, this does not always happen. And, in the case they don’t you will want to proceed with a judgment debtor examination held through the courts. They will examine the debtor’s finances and formulate a means for the debtor to pay off the debt. Methods include garnishing wages (taking a portion from the debtor’s income check), selling assets, seizing property and others.

Again consult lawyers, talk to them and see how their experiences can benefit you in your legal matter.

There are three main types of homeownership: Freeholds, condominiums and cooperatives.

Freeholds are what many think of when they think of owning a home. This is when you own the house and property that house is on. Although these tend to be the most costly of the three types, freeholds allow freedoms the other types of ownership prohibit. The freedom is very attractive and entails levels of privacy especially in freestanding homes (not duplexes or townhouses) from neighbors and others. Pets and smoking – two heavily regulated issues for renters and in other forms of home ownership – are solely up to the homeowner in this regard. As far as liabilities, the freehold homeowner is responsible for all maintenance, repairs, upgrades or any problems that arise in his or her home. These, of course, can be costly at times, but many find the freedom to do what they want well worth these infrequent expenses.

Condominiums are the second type of home ownership. They tend to be cheaper than freeholds. The owner of a condo is responsible for maintaining the inside of the unit and pays a fee (usually monthly) to the condo association or groundskeeper for things like lawn maintenance, garbage removal or other various expenses. The catch is that condominiums do not allow the same amount of freedom freeholds do by imposing regulations on noise, upgrade/renovations and pet ownership. It is much like living in an apartment complex only instead of paying rent to a landlord and building any equity, you own the unit and are only obligated to pay upkeep fees.

For those looking to own a home, but not yet financially prepared for a freehold mortgage or condo, cooperatives may be the way to go. Cooperatives or co-ops are groups of people who pool their money to own a collection of homes. These originated in the 1960s in response to many families who could not afford freeholds and were unsatisfied with the quality of rental properties. Realtytimes.com states the three basic types of co-ops are:

· Building Co-operatives: The earliest co-ops appeared in Eastern Canada where citizens banded together in order to build and finance their homes. Once construction was complete, they divided the properties into separate titles with separate mortgages.

· Continuing Co-operatives: Members rent from the co-operative, but also control and own it, preserving it for future members. Non-profit co-ops are of this form, established under federal and/or provincial guidelines, built with government funding and supported with rent-geared-to-income programs.

· Equity Co-operatives: These share-based forms, where residents benefit from appreciation in value, are distinguished from condominiums as the property is held by the co-op.

The downside of a co-op, depending on the type a person gets involved with is that deciding to sell or drastically modify your property has to be approved by the co-op board. For example if you had a buyer lined up and they were a convicted sex offender they might decide that is not the type of person they want in their community and deny the sale, whereas with a freehold you could sell your home to sex offenders, convicted murderers, Glenn Beck or whomever you so choose.

Attorneys can help with legal aspects of home buying and you should consult with a lawyer with Real Estate experience before a home purchase.  Lawyerahead.ca prescreens its lawyers so you can avoid hiring the wrong lawyer.

As the housing market appears to be stabilizing in Ontario, one might consider it a market ‘bottom’ and a good time to buy. Others may be sick of renting or feel a need to expand to a bigger residence, but either way, there are many factors to consider when buying a house.

Location is an important factor. Remember mortgages are a long-term commitment and finding a place to make a home for the next fifteen to thirty years should not be taken lightly. It is important to investigate the local schools (if there are kids involved or perhaps down the road), the neighborhood, the crime statistics and other various factors. Some questions may not seem important at the time, but things like ‘Is the house built on a flood plain?’ or ‘How close is this house to commercially zoned locations?’ should play in. A lot can happen in thirty years and that empty commercial lot or restaurant down the street could magically turn into a strip club a decade down the road. (Yes, strip club. Read here.)

The Home Buyers’ Plan (HBP) is something else to investigate. The HBP exists to help new homebuyers by allowing them to, as settlement.org states, “…withdraw up to $20,000 from your registered retirement savings plans (RRSPs) to buy or build your home. Your spouse can also withdraw up to $20,000, making the total amount $40,000.” The monies aren’t included in your taxable income and have to be repaid. According to settlement.org, to qualify for the program, you must:

• Be buying your first home in Canada;
• Have a written agreement to build or buy a home in Canada;  get a LAWYER to look to at this.
• Plan to live in the home as your main place of residence;
• Be a resident of Canada for tax purposes; and
• Meet other requirements. Read the full list of requirements.

No matter what your motive for buying a home, before you sign anything, find a lawyer and review the document. There are a lot of unscrupulous real estate agents and mortgage brokers (as in any business) and it is important to have someone on your team with experience. A qualified attorney will know what to look for in the mortgage and will be able to explain it. Mortgages are a huge commitment and knowing what ‘is’ in the contract that shouldn’t be or what ‘should be’ in the contract that isn’t, prevents future regrets.

Owning a home can be rewarding experience and with a little research, patience and help one can ensure their decision was not made out of haste and benefit from their well-planned, thoughtful procurement.

As we have mentioned in our previous blog posts, there are various types of personal injuries and this field has thousands of examples - still it is important to remember that most personal injury cases are usually settled outside the court or without trail.

We will begin examining the stages of a Personal Injury case in 7 stages.  Here is the 1st stage.

Stage 1:  Meeting with the Lawyer

Stage 1 - meeting with your lawyer

Every Personal Injury case starts by first meeting with the lawyer.  It is important to remember that only a professional lawyer can define the types of damages and compensation amounts.   Any other individual without experience nor knowledge in this field will not be able to help you nor do they possess the experience to classify the type of personal injury you might be facing. 

Usually in the meeting with the lawyer, the injured person begins by telling the lawyer all possible details of the accident.  The bigger the case is, the number questions tend to be higher and one can expect the meeting with the lawyer to go on for a longer period of time.  We have had many personal injury clients and as reported by them, they have had to meet with the lawyer for just 30 mins in some cases to over couple hours in other cases.  This is because, in the event the case goes to the court room, even the smallest detail can help you in your personal injury case. 

After the lawyer, or sometimes a team of lawyers , have gathered all the necessary details of the case, they will define to you the types of damages and compensation you can expect.  At this stage your lawyer will discuss with you the entire strategy for your upcoming case.

Stay tuned for the next stage  Stage 2 - Starting a Lawsuit!  Visit www.lawyerahead.ca to get help with your personal injury case.

The relationship between a policyholder and her insurance company is one of trust. Both parties agree to uphold their end of the agreement- the insured to pay their bill every month and the insurance company to pay all claims covered under the policy. The good faith of this agreement is the mechanism that binds the parties together. Unfortunately, some insurance companies choose to deny claims in an effort to cut down on costs. When an insurance company fabricates a reason to deny a valid claim, this is a bad faith insurance claim.

Consulting a lawyer is a viable tact once a claim is denied. Attorneys can untangle the legalese in the contract into a more understandable language and deduce if the insurance company acted in good faith or not. The law requires insurance companies to act in good faith, which simply means that they provide for claims covered under the contract. When the company denies a claim based on a reason that was not stipulated in the contract and acts recklessly with total disregard for the policyholder’s rights, they are acting in bad faith. Once this is established, one should contact his state’s department of insurance and take the offending insurer to court.

Punitive damages are a definite concern in this situation. Battling an insurance company can take many months and sometimes years of time in court, which can deplete the plaintiff’s bank account. Tacking on these added costs to the settlement modulates this to some extent, but it is important to know whether your state allows such claims. A short consultation with one’s attorney will clear this up.

Bad faith insurance claims are not necessarily outright denials either. Some insurance companies choose to mislead their policyholders by offering exorbitantly low amounts of compensation when they know full well the situation calls for larger sums. These “low-balling” tactics can be shown in court to be bad faith, although they are much more difficult to prove than denials.

In short, a claim denial is not necessarily the end of the story. Lawyers work with disenfranchised policyholders regularly to get what their clients deserve. Insurance companies playing the numbers game may rollover as soon as the subpoenas begin flying or could flounder around wasting time in court, but if bad faith is evident, a good lawyer and patience tend to favor the policyholder in the end.

Legal Information:  The best way to find Toronto Lawyers, Vanncouver Lawyers, Brampton Lawyers, Ottawa Lawyers, Mississauga Lawyers or local lawyers in your area for your legal needs is through Lawyer Ahead.  Learn more by visiting the site at http://www.lawyerahead.ca/

Sometimes it is in the best interest of landlords to allow tenants selective use of a property. This can benefit both parties and tends to be the best solution in a variety of scenarios. Originally this was done through subdividing the land for a tenant use, but over the years, government has encroached upon this practice through legislation that regulates subdivisions which, in turn made it feasible for landlords to define the land as an easement instead.

The government has transformed subdivision into a potential money pit. Through the Local Government Act, municipalities and other local governments are granted powers over zoning and land subdivision. The powers to control subdivisions are heightened in the Land Title Act, which goes as far as to say an “approving officer may refuse to approve a subdivision plan…” if it doesn’t comply with myriad local and provincial regulations.

Noting that, creating an easement instead offers more freedom. Common Law has four requirements for land to be considered an easement and these are: There must be a dominant and servient tenement (‘dominant’ being the land benefiting from the easement and ‘servient’ being the land subjected to the easement), the easement must accommodate the dominant tenement, the owners of the dominant and servient lands in question must be different people, and the easement must be strictly defined.

Lack of exclusive possession concerning easements may be considered a downside. If a landlord filed for an easement granting their tenants exclusive possession, she would be denied, because granting exclusive possession makes it a lease, not an easement. Although this is the case, one may grant exclusive occupation, allowing tenants occupation rights while maintaining rights to ownership. Also, landlords may include a few conditions in the easement agreement regarding: Limiting access to the easement area to tenants and landlord, allowing tenants to install fences around the area, and limiting landlord’s easement access to certain times and in the presence of the tenant.

Creating an easement as opposed to a subdivision will save time and money. Although it may not be a hundred percent the same, the benefits from choosing an easement far outweigh the rights gained from a subdivision. As always, consult with a lawyer, specifically real estate lawyers regarding any contract. During consultation, posing the question of whether creating an easement is more beneficial than subdividing couldn’t hurt. Experienced lawyers, well-versed in property law and the local zoning laws will know what the best interest of a landlord is, given his or her specific situation and will answer any questions that arise.

Small business can be quite lucrative. For some, this appeal outweighs the unavoidable problems which arise. For instance, when customers aren’t satisfied with merchandise or service, when products do not arrive on time or in a suitable condition, or when a business partner breaks a contract. Most of the time, these problems are manageable and tend to run their course without a lot of hoopla, but on occasion they do not and this may lead to lengthy business litigation. Sidestepping that, many companies choose to resolve their differences through arbitration and mediation. Even though business dispute resolution does not take place in a courtroom it is important to consult a lawyer prior and possibly retain them for the duration of the arbitration.

Attorneys specializing in business dispute law take the emotion out of a rather emotional situation. Consultations will bear new perspectives on what the actual circumstances are and on some realistic solutions for your dilemma. They help business owners focus more on outcomes than on the problems and wrongs surrounding the case, which tend to clutter their mind.

Because business dispute resolution is constantly in flux, it’s good to have someone on your side who has been there before. Although each case is unique and things that worked in one case may not work in another, having lawyers with extensive bargaining experience can prove fruitful. They may have a similar case which they’ve consulted on that turned out favorably and have a framework of how to arrive at these desired outcomes.

Another reason to (at minimum) consult with a lawyer is the other guy may have a lawyer too. Obviously you’re not on good grounds with this person so it’d be tough to get a bead on if they actually do or not, but why chance it? Having representation ensures at least a level playing field and hopefully an edge at the bargaining table.

Business owners should not consider a business dispute attorney as an expense, but rather as part of the package. Litigation is quite costly and agreeing to arbitration is already saving tons of money. An experienced lawyer actually saves time and money by allowing one to delegate his or her energies toward other pressing business matters.

The bottom line is that consulting and hiring a lawyer saves a business owner by helping to ensure a speedy arbitration without any speed bumps. At first you’d think arbitration would be a one-speed process, but addressing key aspects of the dispute instead of getting bogged down in the minutia will speed the process up immensely. This is why the next time a conflict needs resolution make sure to consult an attorney, because as business people know- time is money.

Present Your Business Dispute case to Toronto Lawyers, Vancouver Lawyers, Ottawa Lawyers, Mississauga Lawyers, and Brampton Lawyers.

Earlier is better than later. In almost all legal actions, finding and retaining a lawyer early in the process will aid the resolution of the case. The longer you wait, the harder it will be for your lawyer to gather relevant evidence or prevent a misstep. Retaining counsel early may actually save money because witnesses and evidence are easier to track down and preserve.

How do I find an attorney? Although this is the first time you have retained counsel, it is likely that people you know have used the services of a lawyer before. If they had a good experience, ask them who they used. Even if that attorney doesn’t handle your type of case, they will be able to recommend lawyers who do. Failing that, research local law firms and lawyers on the Internet. You will find information about what sort of cases they handle and how experienced they are. Lawyerahead.ca is a great place to start your search for a lawyer. 

When you first meet your attorney, they will ask you some background questions about your case. They are acting much like a physician diagnosing a patient. They will listen to your story and hear it with ‘lawyer’s ears’ – picking out the essential elements both for and against you. Further investigation may be required, since it is unlikely you will know all the key elements and facts.

However, with this background information, your attorney should have a general idea of whether or not your particular case has merit and how to proceed. He or she will question you about what you envision a satisfactory result to be and comment on how realistic your hopes are.

If it appears that you have a valid case, the next part of the initial interview should be about costs. Attorneys understand that fees and expenses are a real consideration in any legal proceeding. They should be quite up-front about what they charge and what other costs are involved. If your case is taken on a contingency fee basis, they should tell you whether or not you are responsible for expenses and what happens if you lose and no money is collected.

You should not be afraid to lay out all your concerns, even if they seem silly. You are relying on this person to represent your interests - communication and trust are an important part of deciding who to hire.

Your initial consultation should end with a general plan of action. What you should and should not do in the near term. You should ask who is the contact person for your case (it may be an associate or a paralegal – someone empowered to answer general questions you may have and forward information to your attorney). You should be ready to call your contact person with new developments and to get updates on your case.

It is likely that your lawyer will give you a ‘homework’ assignment, perhaps gathering information he will need for your case. You should have a clear idea of ‘what happens next’ when you leave. You should also have a sense that you are in capable hands. Remember, questions aid all concerned. When you are not sure about something, ask. And if you still aren’t sure, ask again.

We already wrote about the types of personal injuries and the possible compensations for them. It is not an easy field and some of the injuries require knowledge and experience that most lawyers don’t have. The best solution will be to find a personal injury lawyer and not just some personal injury lawyer, you need someone who has experience with your type of injury. He will not only inform you about your rights but also help you to protect these rights, because sometimes the insurance companies or the opposing side is not willing to pay for certain types of injuries. Also he will help to define the value, when the damage is non-monetary (loss of relative, emotional suffering, etc.).

When you start searching for attorney you need to keep in mind few simple characteristics like years of experience that attorney has, the law school that he had attended and if possible his personality. It will help you to avoid inexperienced lawyers (it is not a movie, so don’t wait for some genius courtroom solutions) and it will also to understand you attorneys personality and philosophy. If the case is complicated you will be spending a lot of time with your attorney and you will need to feel comfortable with him.

It is better to start search on the internet, advertisements and stuff are of course very good, but the important thing for you it the experience that a lawyer has and not his advertising budget or the ability to communicate with press. On the web you will be able to find some attorney directories or websites. It can be also useful to ask people on some local message boards. Be sure to keep in mind the type of damage that you have. There are various types of damages and you will need different lawyer for every type. It is wise to choose someone who has good experience with your type of injury.

On of the important things is to define how do you want to settle the case. It can be settled in the court or outside the court. If you decide to focus on the outside the court solution, you still have to remember that the lawyer must have some trial experience, if the case can’t be settled without trial. Knowing the experience of the lawyer and his success rate with or without trial will be vital for you, so don’t miss this when you choose a personal injury lawyer. It will be very useful if a lawyer belongs to some lawyer organization. If the organization is trustworthy, the lawyer will definitely be good. Also you will need to discuss the fees with the lawyer, many personal injury lawyers will work on a contingent fee basis. It means that they will receive payment for their services only if they recover money for you in settlement or court proceedings. It is probably the best choice for personal injury cases, but be sure to specify the fees and conditions on paper.

Karyn McConnell-Hancock won’t be winning an American Bar Association Award anytime in the near future. The former Toledo city council member and lawyer, was sentenced to four years in prison after pleading guilty to aggravated theft. Mrs. McConnell is guilty of stealing over 600-thousand dollars from clients she represented.

This is not the first time Karyn has made the papers. In December 2007, she faked her own kidnapping prompting a three-day nationwide manhunt. After rescue, she told of being kidnapped at gunpoint, blindfolded, and dumped at Six Flags. The story, her pregnancy and social standing made her a media darling- for about a week. In hindsight, her disappearance seems to be an attempt to dodge the avalanche of lawsuits coming down the pipe.

At sentencing, clients spoke of Hancock forging checks and documents, sometimes using their money to pay back other clients. To her character, Maurice Morris, a former client, opined, “Mrs. McConnell has shown an arrogant lack of integrity which has resulted in little to no empathy towards her former clients along with dishonoring her profession.” McConnell negotiated a $10,000 settlement without Morris’ knowledge and proceeded to forge documents to collect the money.

After sentencing, the prosecuting attorney, Chris Anderson commented, “We sort of have a policy in the office.  If lawyers steal from clients, they go to prison.  That was our attitude towards this.  So we think it’s an appropriate sentence,”

McConnell apologized to the 22 clients she deprived. She still owes almost 400-thousand dollars in restitution. She will be eligible for parole in 180-days.