Representing Yourself
Can I represent myself?
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.
What Is Tort And Injury Law Part 4
Mississauga Lawyer: What is Tort and Injury Law Part 4
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.
Mississauga Lawyer: What Is Tort And Injury Law Part 3
What is Tort and Injury Law?
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.
What is tort law or injury law? Part 2
There are many types of injury claims that can arise. The most common are listed below:
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.
What is Tort Law?
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.
Employment Law
I provide legal services for both employers and employees in the area of employment law in a non-unionized environment.
If you are an employee and have been wrongfully terminated call my office.
If you are an employer and would like to know more about your rights call my office.
Below are some common terms and legal issues that come up in the area of employment law:
- Notice period
- Severance pay
- Human rights and discrimination
- Non-compete clauses
- Privacy
- Constructive dismissal
- Bad faith damages
- Independent contractor versus Employee
- Resigning
- Sexual harassment
- Employment contract
- Dismissal with cause
- Dismissal without cause
More About Simplified Procedure
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.
What Is The Simplified Procedure For Civil Superior Cases
If you are looking to sue someone in Ontario for a civil case there are three possible tracks that can be used. The tracks depend on the amount in dispute.
If it`s under $25,000 you will be in the world of Small Claims Court for more information please see my previous posts about Why Small Claims Court and Small Claims Court Settlement Conference.
If you are over $25,000 and under $100,000 then your action will be started at the Superior Court and the track used will be the Simplified Procedure.
If you are over $100,000 then it`s a regular civil case in Superior Court.
Why Small Claims Court?
What is the difference in starting an action in Small Claims Court versus Superior Court of Justice?
People often ask me this question.
The primary distinction is the amount outstanding. At Small Claims the maximum you are entitled to recover is $25,000.
At the Superior Court of Justice you can claim for anything over $25,000.
Small Claims Court can be efficient and practical depending on the type of dispute you have. It can be cheaper for the client and you can expect to be at a trial very soon after serving the claim.
Please see some of my previous posts:
Mississauga Lawyer Small Claims Court
Small Claims Court Filing Fees
Filing Fees
In Small Claims Court the person starting the claim is referred to as the Plaintiff or claimant. When starting the lawsuit the Plaintiff will have to pay a court filing fee.
The filing fee generally, is the same for all unless you are considered to be a frequent claimant. A frequent claimant is someone who typically files 10 or more claims in a Small Claims Court office on or after January 1of that year.
A frequent claimant is charged $145 whereas, an infrequent claimant is charged $75.00.
For further information review the ONTARIO REGULATION 432/93 SMALL CLAIMS COURT — FEES AND ALLOWANCES
Remember this is not legal advice!