Mississauga Lawyer – New Location!
Please note that our office location has changed. You can visit us at:
4299 Village Centre Court, Suite 100, Mississauga, ON, L4Z 1S2
Map of new address: http://mapq.st/fQg1Ju
What Is A Pre-Trial?
In Ontario, a civil lawsuit goes through many stages, all of equal importance in determining facts, liability and evidence.
A Pre-Trial is typically the final stage before a lawsuit proceeds to trial and is probably the most important stage. If matters don`t resolve at private settlement conferences or mediations they proceed to Pre-Trial.
Typically, parties will schedule a Pre-Trial once all matters have been finalized. Following that, parties will prepare legal briefs that will be exchanged with the other side. What makes the Pre-Trial different from all other steps is the fact that a Judge attends.
Pre-Trials are generally informal, but the typical rules of court apply.
Generally, parties have an opportunity to discuss their case and determine the strengths and weakness. However, the Judges input is very valuable. He or she will likely inform parties if their case is good or bad. The Judge usually attempts to provide his or her opinion based on his or her experience at trial. For example, what a Jury might think, or how evidence and facts might come across.
A successful Pre-Trial can be very encouraging. Whereas, a negative Pre-Trial should result in the development of a new strategy.
The Ontario justice system has been structured to encourage settlement and the Pre-Trial is the final stage before trial.
If you require legal services, call the law office of Rehan Khalil, a Mississauga lawyer.
Dannon Agrees To Yet Another Settlement
The New York Times reported last week that Dannon agreed to settle with the Federal Trade Commission in the United States regarding claims about its popular yoghurt and dairy products. It was reported that Dannon agreed to pay approximately $21 million dollars.
I have blogged about this case before:
Misleading or False Advertising
Dannon Agrees to pay 35 million settlement.
In 2009, Dannon had agreed to pay $35 million dollars for a settlement that arose because of a class action.
The legal woes stem largely from Dannon`s advertising and marketing practices for Activia a yoghurt product and DanActive a yoghurt drink.
The New York Times reported:
As part of a long-running national advertising campaign, Dannon had asserted that a single daily serving of its Activia yogurt could ease irregularity and that its DanActive dairy drink could reduce a person’s likelihood of catching a cold or the flu.
Mississauga Personal Injury Lawyer | Slip And Fall
Slip and fall accidents can happen anywhere at anytime to anyone. They are no laughing matter and can result in serious injuries. In Ontario, the Occupiers Liability Act, is the primary source of law regarding injuries sustained when on the premises of someone else`s property.
Specifically, section 3(1) in lay terms essentially means, that anybody who is an occupier of property has a duty to take reasonable care to see that those people on their property are reasonably safe while on the property.
According to section 3(2), the duty of care is applicable whether the danger is caused by the actual condition of the premises, for example faulty staircase etc. Or, an activity carried on the premises for example, having more people in a room than it can hold.
The key words here are reasonable and care. Lawyers and courts have had to wrestle with the definitions of what is considered reasonable care in the circumstances of slip and falls. For example, if a food item falls in a grocery store and the staff clean it up but fail to clean up one last grape and a patron falls on it, is it reasonable to assume the store did all they could? Is the standard of reasonable care, one of perfection? Or does that standard change when it is an individual versus a business?
Similarly, what if your home is undergoing some minor renovations and your yard is dug up with large holes. You decide to invite friends over warning them about the renovations. At the event alcohol is being consumed in large quantities, as it gets dark it becomes difficult to see the large holes in the yard. One of your guests, who is fairly intoxicated falls in the hole and injures himself. There are many issues at play in this scenario. Should you have invited friends, was it enough to simply warn them? Or should the event have taken place in another room. Is your friend someone who regularly drinks etc.
Slip and Fall Accidents
Winter is here, and that means slip and fall`s will likely increase. A slip and fall can be very serious. This is why it is very important to hire a lawyer that understands not only the law but also the medical aspects.
If you have been involved in a slip and fall ensure you attempt to document as much as you can. Always be honest about the facts surrounding the slip and fall accident but also your subsequent injuries.
Many slip and falls occur at grocery stores and shopping plazas, these facilities often use video surveillance.
It is also very important that you seek not only legal advice but medical treatment. Compensation for a slip and fall like any other personal injury accident is always based on the frequency and duration that you have sought medical treatment or advice. Medical evidence is crucial in supporting any claim for financial compensation.
If you or a loved one has suffered injuries because of a slip and fall accident, call the law office of Rehan Khalil today, a Mississauga lawyer.
Please see some of the other links related to this topic:
What Is A Court Motion?
This is a very common question. Essentially, if you are involved in a legal dispute that is in the court system, a motion is a procedure whereby you can request relief, or guidance from a court.
Motions come in all shapes and sizes and vary given the type of legal dispute and the particular relief you are asking for. Sometimes, motions can be brought requesting the other party produce more documents, sometimes a motion can be brought to dismiss a claim. A motion is different from a trial.
Preparing for a motion can be time consuming and there are various deadlines and procedural requirements that must be satisfied. Moreover, it`s not enough to simply attend at court and ask a Judge to grant you the relief, there is specific protocol.
There are also cost consequences for winning or losing a motion. This is why it`s so important to assess whether a motion is required and to balance all possibilities of success. Typically, the losing party will have to pay a cost award to the winning party. The cost award is based on the type of motion brought and the other parties legal fees account subject to reason.
If you are unrepresented and involved in a legal dispute and have been served with a motion immediately consult a lawyer. If you don`t attend on the day of the motion the Judge could grant the other party their relief without your presence.
If you are involved in a legal dispute call the law office of Rehan Khalil, a Mississauga Lawyer.
Cell Phone Safety
The debate surrounding the safety of cell phones continues. The Star reported, Scientist backs bill warning of dangers of cellphone radiation.
I have discussed this issue in previous blog posts, Cell phone use linked to brain tumors.
The primary issue around the cell phone debate is in regards to cell phone radiation and whether it is harmful or not.
Cell phone technology is by many standards relatively new, this is why the risks associated with cell phone radiation are unknown. While some suggest cell phones are not harmful others argue otherwise.
Do You Like Eating Shrimp?
Think twice the next time you decide to eat shrimp. The Globe and Mail reported:
Although the Canadian Food Inspection Agency only scans a fraction of incoming seafood – five per cent is the agency’s target – inspectors are still finding tetracyclines (antibiotics commonly used to treat acne) nitrofurans (an antimicrobial drug and known carcinogen banned in Canada) and fluoroquinolones (broad-spectrum antibiotics used in human medicine) in the shipments they test. None should be consumed by humans.
The complete article can be found here.
If you or a loved one has become ill due to the consumption of a tainted product call the law office of Rehan Khalil today, a Mississauga lawyer.
16 Car Accidents In Two Days
There have been a number of car accidents over the last 48 hours as reported by the Toronto Star, 16 pedestrians hit by cars in 48 hours, no thanks to weather.
Always practice safe driving habits during bad weather. A car accident is serious and even minor injuries can last a lifetime.
Mould And Slime Found At Maple Leaf Plant
According to the Canadian Press:
OTTAWA — A top-to-bottom scrubbing after a deadly listeriosis outbreak apparently didn't fully cleanse a Maple Leaf Foods plant of mould, slime and meat debris, newly released documents show.
Inspectors found a troubling lack of hygiene at the company's Toronto facility just weeks after it reopened last year from a temporary shutdown for cleaning, according to inspection reports.