Michael’s Law Firm Blog
How to Get the Most out of an Initial Consultation with a Lawyer
If you’re contemplating legal action, or have been sued, it’s generally a good idea to get legal advice. First off, an experienced lawyer knows the law. Second, and perhaps more importantly, good lawyers are both detached and objective. It’s important to remember that in any legal dispute, there are at least two parties (both of whom will presumably seek legal advice), only one of whom will ultimately be ‘right.’ At [...]
How to Protect Yourself During Construction/Renovations
Construction and renovation expenses can be substantial, often in excess of $100,000.00. While many projects go smoothly, others do not. Contractors (or subcontractors) can fail to build to specification, damage other property, fail to finish work or produce defective work. After a payment dispute, property may be liened and lawsuits brought pursuant to the Construction Act. That begs the question as to how owners can best protect themselves? The first [...]
How To Prepare an Electronic Civil Motion Record with Exhibits, Bookmarks & Intra-Document Hyperlinks in PDF Format
A PDF record with the above characteristics can be assembled via the following steps (without an Acrobat subscription): Draft your document in MS Word. Add hyperlinks to certain words (i.e. cases - for external citation) by selecting the desired text, and hitting (“Ctrl” and “K”), and then inserting the link as appropriate. I recommend against using page numbering at this stage. When finished, save the document as a pdf file. [...]
Litigation Authorized to Continue Remotely
Although operating to only a limited extent, our courts are surprising well equipped (procedurally) for most litigation to continue remotely. For instance, with regards to Discoveries: “[E]xaminations of witnesses by video conferencing are a normal process in modern international litigation as opined by Neubold J. in Midland, and even more so in the seven years that have passed since that decision in 2009.” Alves v. Gaughran, 2016 ONSC 5645 (CanLII). [...]
How to Prove The Value of Your Claim – Damages in Ontario
Greatly simplified, many legal claims come down to two concepts, liability (responsibility) and damages. Liability is generally focused upon how the event occurred, and whether someone else is legally responsible (for any resulting loss). Examples include who was responsible for causing an accident, whether a party breached a contract or whether a loss is covered by an insurance policy. Damages in turn addresses the question of how much compensation a [...]
Is it worth it to hire a lawyer to help with an Ontario Small Claims Matter?
Frequently, I am contacted by potential clients who are seeking to hire me to represent them in small claims matters. While I am of course happy to represent them throughout, in most cases, I tell them it makes financial sense to consult with me for only a few hours, and to handle most of the claim themselves. Here’s why: The small claims process is relatively simple For those bringing a [...]
Legal Malpractice in Real Estate Transactions – Not a Simple Matter
Recently, in Bielanski v. Mundenchira, 2019 ONSC 1162 (CanLII), the Court addressed the issue of solicitor’s negligence (legal malpractice) arising out of a real estate transaction. In that case, issues arose after the initial owner (Bielanski) sought to divide his Mississauga property into two lots, subsequently severing and selling the lot to the purchaser Mundenchira in 2005. Mundenchira, a realtor and real estate investor, retained the lawyer Goswami to close [...]
Backing out of an Ontario Agreement of Purchase and Sale – What You Should Know:
Two recent Superior Court decisions should serve as a reminder that backing out of a signed (and enforceable, which is not always the case) Agreement of Purchase and Sale (APS) for a property can prove costly. In Bang v. Sebastian, 2018 ONSC 6226 (CanLII), Sebastian agreed to purchase Bang’s Mississauga property for $995,000 through an APS dated May 2017. Sebastian paid a deposit, but with house prices falling, purchased another house [...]
How Much is My Ontario Long Term Disability Claim Worth?
The monetary value of a long term disability claim depends upon a number of factors. The initial factor of course is whether you can prove you are entitled to long term disability benefits (which comes down to whether you can show you meet the policy definition of disability), and if so, your age and likely prognosis (i.e. if you are expected to recover within 6 months, your claim will have [...]
Is Insurance Coverage Becoming Illusory?
Broadly speaking, insurance is a form of risk management, used by people and organizations to distribute and allocate risk. In exchange for payment of a premium, an insurer guarantees compensation where a policyholder incurs a specified loss (provided such loss is not specifically excluded). However, in recent decades, insurers have increased the number and breadth of exclusions. Coupled with aggressive policy denial practices, this has acted to negate coverage and [...]