I JUST GOT SERVED
These are the first words out of many people who call a law office. I just got served with a Statement of Claim.
A Statement of Claim is a legal document that is filed with the court and then has to be served personally on the parties.
If you have been served with a Statement of Claim you just contact a lawyer immediately.
There are specific timelines in which a person must respond to a Statement of Claim.
If you need more help call my office I am a lawyer in Mississauga.
Here is yet another installment in my series dedicated to false arrest cases. Last week I posted some entries about this topic. Feel free to read those posts by clicking on the links below.
Personal Injury and Wrongful Arrest
If an individual was wrongfully arrested and charged there are very serious consequences as to how the criminal charge must be dealt with. If the individual pleads guilty to the charge their chances of success on suing in a civil action for false arrest or wrongful arrest could be very difficult.
Furthermore, even if the individual enters into a peace bond type of scenario their chances of success on a civil action could be very difficult.
This is why it is very important the individual seek legal advice immediately by calling an experienced lawyer.
I would like to continue with my discussion about false arrests from my previous entry entitled False Arrests and Personal Injury.
The first scenario I described was involving shopping department stores.
Another example is where an individual is arrested by police officers. The police officers might be acting on information from another individual or their own investigation.
If the individual has not committed the crime and is wrongfully arrested they may have potential grounds to start a lawsuit against the police officers. In this scenario the individual would not only be starting a lawsuit against the police officers but also the police department itself.
One must keep in mind that lawsuits against police officers are very complex and involve a number of common law factors. Ensure you speak with an experienced personal injury lawyer.
False arrest, wrongful imprisonment, wrongful arrest, forced confinement?
I have many cases where individuals have been accused of a crime they did not commit.
Being charged with a crime you did not commit is not only humiliating but traumatizing.
Accused of stealing at a store
In some cases individuals have been accused by a loss prevention officer. These are security personnel that operate in many large department stores who apprehend people they think are stealing.
The individual is wrongfully arrested and then required to remain in custody until the police are called. The police officers will then decide whether to charge the individual or not.
If an individual has been wrongfully arrested they may be entitled to personal injury compensation and might be able to sue the loss prevention officers and or the department store itself depending on the circumstances.
These are difficult cases and it`s important the individual speaks with an experienced personal injury attorney.
Stay tuned for more.
None of the information above is legal advice contact a personal injury lawyer.
Costs in a Civil Litigation Trial
Rob Ford recently discovered he would not be entitled to his costs for winning the appeal that saved his job.
Numerous comments on various forums suggest he is a sore loser and not a gracious winner etc. However, I think many of these folks are confused.
For a moment forget whether you like Rob Ford or not.
The civil justice system in Ontario when it comes to civil trials is very simple. The winner takes all, the loser loses all. Based on this system the loser can end up paying:
- The other parties legal costs;
- Their own legal costs; and
- The actual lawsuit that was launched against them.
The stakes are set high with a view to forcing people to resolve the matter.
If Ford had lost the appeal he would have lost big! Apart from his job he would have had to pay his own lawyers and Paul Magder`s lawyers. The bill would not be chump change.
Interestingly, the Divisional Court ruled that the parties would be responsible for paying their own legal bill. The court goes on to provide an explanation for their decision.
You can read the highlights here: Mayor Rob Ford calls court costs decision ridiculous: ‘I won fair and square’
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