Why Should You Hire Civil Litigation Lawyers: A Complete Guide

Why Should You Hire Civil Litigation Lawyers: A Complete Guide

Do you intend to file a lawsuit? Did you get legal notices? Do you or your company have an unpaid obligation to a client? It can be intimidating to comprehend and go through the legal procedure. Although civil litigation can be a drawn-out and tiresome procedure, civil litigation lawyers at Orcus Law LLP can guide you through each stage of
the process, making sure you fully comprehend it. We concentrate on fighting for the appropriate outcome for your legal issue.

Litigation Lawyers For Civil Cases

Understanding and going through the legal process can be intimidating for many people. The approach is anything but straightforward, from understanding when and where to file specific documents to taking a case to trial. The declaration of claim, research plan, affidavit of documents, exams for discovery, motions, mandated mediation, issues of trial, pretrial hearing, and ultimately the trial are the main components of civil litigation (if it is not settled in mediation).

Understanding the Process In Civil Litigation: The Phases

  • STATEMENT OF CLAIM

Plaintiff initiates a lawsuit by lodging a statement of claim. The plaintiff details the claim’s facts and the legal justifications for bringing the action in the statement of claim. After serving the defendant with the claim, the plaintiff files the Statement of Claim with the register.

  • DISCLOSURE PLAN

The disclosure plan specifies the witnesses who must appear in person for questioning as well as the deadlines that each Party needs to undertake oral and documentary discovery.

  • DOCUMENT AFFIDAVIT

Each Party will rely on a compilation of documents called an “affidavit of documents” to support their claims. Statements, receipts, pictures, reports, and any other relevant documentation can all be included in affidavits of documents.

  • DETECTION EXAMINATIONS

An attorney for one party will question the other party during an examination for discovery in order to assert their argument and refute the other party’s evidence.

  • MOTIONS

A motion is a request for a certain course of action within the courtroom process. Whether a Defendant or Plaintiff may submit a motion to the court for a ruling, or either Party may submit a motion to bar the use of particular evidence.

  • OBLIGATORY MEDIATION

Before the case goes to trial, the conflict will be resolved at mediation. Some mediations are conducted “without prejudice,” which means that the issues raised during the mediation cannot be used at trial.

  • TRIAL AND PRETRIAL CONFERENCE MATTER

Any Party may schedule a trial after mediation has taken place if the Parties do not agree on a resolution by asking the court to put the case on the trial list. The court shall serve notice of the pretrial conference on each Party within 90 days after the action is scheduled for trial.

  • TRIAL

As soon as the Parties determine they won’t agree to a settlement, the trial begins, and both sides present their cases by calling witnesses and, if necessary, relying on expert witnesses.

Defending You From Lawsuits & Court Cases

Many clients decide to settle before a trial due to the length of a trial and the options accessible to a client. There are no assurances that a case will be successful, and trials can be expensive and time-consuming. The attorneys at Orcus Law LLP will give you their choicest predictions of success based on the specifics of your case and your goals while also discussing the advantages and disadvantages of any alternative options you might be considering. The Orcus Law LLP’s goal is to deliver incisive, succinct, and trustworthy representation, and we carry out this purpose by utilizing exacting strategies to get an edge in civil litigation law firms.

How Can Commercial Attorneys Assist You In Commercial Tenant Disputes?

How Can Commercial Attorneys Assist You In Commercial Tenant Disputes?

Commercial real estate leasing can sometimes be simpler than leasing residential properties. If you are a business landlord, you probably don’t worry too much if someone smokes within your building or hosts loud parties that annoy other tenants. You are not liable to some of the strict housing code regulations that apply to housing properties, and you are less likely to be bothered by after-hours maintenance requests.

Naturally, this does not imply that renting out commercial space will be a simple process. There are numerous causes for which a commercial tenant might be sued. Corporate tenants and property owners frequently have disagreements. Rent arrears, forfeiture, and other issues are typical justifications.

This blog will explain the causes of business property conflicts, their effects, and how to resolve them. Let’s get through it.

Common Reasons for Commercial Property Disputes

There are various things that can lead to disputes over commercial property. One that happens frequently is when a tenant misses a rent payment and accumulates unpaid rent. For landlords, getting this money back can be exceedingly challenging and expensive due to the legal process.

Dilapidations, or the upkeep of the property, are another significant source of conflict. If this has not been clearly stated from the beginning, it may be difficult to determine who is responsible for upkeep if it is needed either inside or outside the property.

The landowner is allowed to exercise their power to forfeit and may enter the premises and revoke the lease if a tenant violates the terms of their lease.

Typical Repercussions of a Commercial Real Estate Dispute

A commercial real estate dispute could have negative outcomes that could be harmful to both the landlord and the renter. Commercial tenant disputes can be an expensive and time-consuming procedure for the landlord. The costs of some components of a commercial dispute will be borne by the tenant, and the disagreement may have severely detrimental effects.

Settling Issues Involving Commercial Property

Before taking legal action, there are other options.

Good communication should be the main priority. The matter can be resolved and your relationship with the other party preserved by having constructive dialogues about it. It is advised to stay in touch constantly to prevent the situation from deteriorating without a solution. All meetings and transactions should be documented in writing, including any follow-up correspondence or emails sent after in-person encounters, to enable future
use of the information.

Additionally, it is suggested that you keep a record of any events that might be relevant to the dispute. Don’t forget to write down the time and place; this will come in handy during the mediation.

Should You File A Lawsuit?

If there is no peaceful settlement after all reasonable efforts to address the matter through alternative dispute resolution, mediation, and arbitration have been made, you will need to think about pursuing legal recourse.

We are aware that a commercial lease dispute can take a long time to resolve and may have an impact on your investment as a landlord or your business as a tenant. Working with a legal team that can respond quickly, adjust to your changing needs, and provide clear, strategic advice is crucial when issues emerge. We at Orcus Law LLP can offer early guidance so issues can be solved before they become the subject of formal action.

Both alternative dispute resolution and any potential legal action can be aided by the assistance of our specialized team. Our tenacious litigators and real estate attorneys can give you advice and support because they have a great deal of expertise handling a variety of commercial property disputes.

Know your legal rights when charged with a DUI

Know your legal rights when charged with a DUI

Driving under the influence usually occurs when an individual is over the legal limit or if the authorities deem said person as an impaired driver. Many people are surprised when they are charged with a DWI (Driving while impaired or driving while intoxicated) and realize it is a criminal offence. If you find yourself in this precarious situation, you should seek the services of a reputable criminal lawyer like Orcus Law to get you the right possible outcome. Based on the circumstances and details of your case, the charges could be potentially dismissed, reduced penalty, or even the accused of being not guilty. Are you charged with drunk driving? The team at Orcus Law are highly skilled and dedicated to helping clients mount a successful DUI offence. Get in touch with us today to schedule an initial consultation.

Leave it to the professionals

If you are trying to successfully defend yourself against drunk driving charges anywhere in Ontario, it can be difficult if you do not have professional help from a reliable DUI lawyer. You could potentially risk serious consequences like receiving some jail time. It is true if this is the second or third offence where the penalties are harsh. If an individual is caught driving under the influence and it is their first offence, they may be subject to:

  •  Their driving license being suspended for up to a year
  •  Compulsorily attending an educational or treatment program
  •  Use an interlock ignition device for up to a year
  •  To get a compulsorily medical evaluation for their license to get reinstated
  •  Jail time if the circumstances are serious, like causing injuries to others or an accident
  •  Your vehicle getting impounded
  •  Paying excessive fines and fees

Our lawyers have all the required knowledge of Ontario’s drunk driving laws and can mount a successful defence to get you a favourable outcome. Keep in mind, every DUI case in Ontario is different.

Helping you understand your legal rights

Your legal right play a crucial role in strategizing a successful defence. From determining if the stop by local authorities was justified and if they followed all the necessary procedures during the investigation that led to charging you for a DUI, to the state of your driving at that particular point in time justified. If you were charged with refusing to take a breathalyser test or a roadside screening, maybe you had legal reasons for doing so. Additionally, the protection of your charter rights is an important element in preparing your defence strategy. Did the local police advise you on said rights and allowed you to contact your lawyer? For further information on impaired driving, speak to our legal team.

Schedule an appointment with Orcus Law today

If you have been arrested for drunk driving or impaired driving, consult our DUI lawyers today. We pride ourselves on having a successful defence rate when it comes to DUI charges. Our partnership could prove to be vital. Please speak to our team today to schedule an appointment.

Don’t let a DUI charge destroy your life. Orcus Law is of the country’s trusted impaired driving lawyers. We will look after your interests.