Mississauga Lawyers: Civil Litigation Trial

This is why the civil justice system in Ontario has established certain procedures that must be followed in order for a party to move to the next stage.

These stages are designed to assist as follows:

• Clarify and potentially resolve factual issues in dispute;
• Clarify and potentially resolve any legal issues in dispute;
• Evaluate the strength of the other parties position;
• Evaluate the strength of your own position;
• Evaluate the weakness of the other parties position;
• Evaluate the weakness of your own position;
• Request disclosure of documents or particulars; and
• Obtain Judicial input or assistance.

The above are just some examples.

The formal procedures are referred to as an exchange of Affidavit of Documents, Examination for Discovery, Pre-Trial Conference, Motions, Settlement Conferences.

These steps and procedures are critical to a civil litigation dispute. If you are involved in such a dispute contact a lawyer immediately. You could prejudice yourself by not complying.

There is a huge misconception amongst people that all civil litigation and or personal injury cases go to trial.

Today, many legal disputes do not go to trial. One of the reasons is that the civil justice system has set up mechanisms to encourage settlement.

A civil legal trial is expensive and time consuming but, more importantly it is uncertain.

This is why having an experienced lawyer on your side is key. A lawyer can provide his or her assessment of a case and weigh the positive and negative factors.

Throughout the litigation process there are various stages that must be completed in order to move forward. These stages provide parties with a better understanding of each other`s case. By doing so parties are able to predict a possible outcome if the matter had to proceed to trial.

Even then one cannot be 100% accurate when it comes to gauging success. There are a number of variables that must be considered when proceeding to a trial.

If you require a legal consultation contact Rehan Khalil a lawyer in Mississauga serving Brampton, Toronto, Oakville and Burlington.

In previous posts I have discussed tort law and the different types of tort claims.

See the previous posts below:

What is Tort law?

What is Tort and Injury Law: Part 2

What is Tort and Injury Law: Part 3

Today I would like to briefly discuss tort law in the context of car accidents. In Ontario, if you have been involved in a car accident you can recover compensation in two ways.

People often get confused between accident benefits and tort claims.

The first, is accident benefits available from your own insurance company. See my previous post about accident benefits.

The second is a tort lawsuit against the driver that hit you or caused the car accident.

In the tort case you can collect compensation for general damages that includes pain and suffering. You can also collect compensation for a variety of other areas as well such as, loss of income, housekeeping etc.

In short, if you have been involved in a car accident ensure you are aware of your rights.

Call the law office of Rehan Khalil today, a lawyer in Mississauga.

People will often ask, “can I represent myself in legal proceedings.“ The short answer is yes. Most people are shocked to find out that they in fact can represent themselves in court for civil litigation, family law, small claims court and other matters.

However, I often mention that it`s not necessarily wise or recommended that people represent themselves.

Lawyers have an old saying “a lawyer who represents himself (or herself) has a fool for a client.“

Faced with uncertainty regarding the legal profession and especially the costs, today it seems there is an increase in people representing themselves. Sure, there are many cases where people have acted for themselves and gained a successful result.

However, it`s always best to obtain legal representation. First, a hired lawyer will not have any emotional attachment to your case. Therefore, she or he will be able to protect your interests and correspond with other parties in a more professional manner.  

Second, a lawyer will have experience in either the area of law, with the court system, with court procedures, filing fees, etc. This is something a self-represented litigant can spend hours, days and months of grief trying to figure out.

If you are looking to hire a lawyer call the Rehan Khalil a Mississauga lawyer.

Stay tuned for more….about self-represented parties.

I have talked about some of the more common types of tort claims. However, there are many more. For example:

• Trespass;
• Assault and Battery;
• False Imprisonment;
• Malicious Prosecution;
• Defamation; and
• Libel and Slander

There are also other torts that involve businesses. For example;

• Interference with Economic Relations;
• Intimidation;
• Deceit which can involve fraudulent misrepresentation;
• Conspiracy; and
• Misuse of Confidential Information

Businesses should protect themselves from tort liability.

Yesterday I briefly mentioned liability.

Today, I would like to expand on that discussion a bit more.

In a personal injury case the Plaintiff bringing the lawsuit must establish fault. In other words, you must demonstrate that through the intentional or unintentional fault of the other party you were injured or sustained some type of loss.

In a car accident claim this is normally straightforward. In a slip and fall claim this can become a bit more tricky.

Different types of torts require different standards that must be established by the Plaintiff to make a successful personal injury case.

Often a Defendant in a personal injury case will argue they are not liable. Or if they are it`s not for the full 100 percent being claimed by the Plaintiff.

For more information contact Rehan Khalil a lawyer. 

There are many types of injury claims that can arise. The most common are listed below:

• Car accident
• Slip and fall
• Wrongful or false arrest
• Product liability

In the vast majority of these cases the Plaintiff will have to show they were injured due to the negligence or careless acts of another.

Torts can be intentional or deliberate or they can be unintentional meaning carless.

In terms of demonstrating that one is injured it`s not good enough to simply say, “I am hurt“. There is much more required for a successful personal injury claim but more importantly for a higher award in compensation.

After establishing injuries the next step is to determine liability.

One must demonstrate that the other party was liable for the negligent or careless act.

Liability is not always so straightforward.

This is why it`s good to get a legal consultation from a lawyer. 

A party can start a civil action against another party that might have done wrong to them.

The most common tort actions consist of some type of injury claim where one party sustained personal injury due to the negligence of someone else.

The right to sue in tort can arise when the other parties conduct has fallen below the minimum standard.

There are several remedies available from the court for a Plaintiff who has successfully sued in tort for an injury. The most common remedy is damages for pain and suffering.

If you have been injured and think you might have  a potential legal action against the wrongdoer it is best to find out about your legal rights.

Contact a lawyer immediately.

I am a lawyer in Mississauga.

In carrying on with yesterday`s discussion about civil cases that are considered under the simplified procedure there are advantages and disadvantages.

The simplified procedure is designed to resolve disputes sooner. Many procedural requirements are waived such as examination for discovery. There is also a mandatory settlement discussion a few months after the claim is served. There is also a pre-trial in front of a judge. In some jurisdictions there is also mandatory mediation.

Under the simplified procedure parties are encouraged to discuss settlement options to avoid a trial.

The absence of some of the normal procedural requirements actually saves a lot of money for parties involved.

The disadvantages are that in some circumstances you can find yourself at trial much quicker and you won`t have an opportunity to examine any of the parties.

If you think you need to sue someone for $100,000 or less contact my office.