A Basic Overview of the Business Litigation Process

01 Nov 2022
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Mississauga Estate Litigation Lawyer, Estate Litigation

A Basic Overview of the Business Litigation Process

Many individuals who are facing lawsuits are unaware of the process of business litigation, and they have several questions about how they should prepare. The below-mentioned process briefly outlines the basic process of business litigation to give clients an idea of what they can expect. You must keep in mind, that half the battle is choosing a reputable lawyer that understands your legal needs and represents your case to ensure you get the desired
outcome. Furthermore, they must ensure the litigation process is handled smoothly, thereby improving your chances of success.

The Four-Step Business Litigation Process

The process of business litigation usually involves four steps. It depends on the unique factual and legal complexities of each case, as well as the length, which will vary. Below mentioned are the four steps:

1. Consultation phase

This is the first step in the process where the client will meet with a lawyer and begin to discuss the facts of their case. The lawyer can help their client advance a claim against another individual or business or defend their client against a claim bought by another party. In either of the above-mentioned cases, the meeting should take place as immediately as possible. After the initial consultation, the lawyer can begin preparing for the case by reviewing the required documents, and gathering evidence by researching application laws. Once the initial consultation is done, the client along with the lawyer will file an initial pleading in court. During this period, both parties will disclose necessary evidence and information.

2. Discovery phase

During this phase, the following information will be gathered:

Deposition: It is where one party will be asked to present an out-of-court oral verbal testimony.
Written discovery: Where one party will have to answer written questions under oath.
Document discovery: It is where one party will be asked to present documents and papers that are pertinent to the case.

3. Trial phase

In this phase, the case is ready to go to trial before a judge after all the necessary preparations are made. Each side will have a chance to rebuttal. The length of the trial can depend on the number of witnesses and exhibits, or on how complex the case is.

4. Post-trial phase

After the trial is completed, the post-action trial will take place. It will also include a motion for appeal as well as efforts to collect on the final judgement.

Handling your business litigation needs to be without any stress

The process of litigation can be very complicated and it involves extensive legal knowledge, including meeting strict deadlines. If you are considering filing a lawsuit, or if you are facing a lawsuit, you need an honest lawyer that can represent you. The business litigation lawyers at Orcus Law can represent you no matter how difficult your case may be. We will everything to ensure you get the desired outcome. Additionally, we can assist clients with legal matters involving business fraud, trademark infringement, breach of business contracts, franchise law and much more.

Do you need help with your business litigation issues? Give the team at Orcus Law a call today at 905-564-8889

Why Should You Hire Civil Litigation Lawyers: A Complete Guide

11 Oct 2022
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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?

07 Oct 2022
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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.

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