Litigation and Dispute Resolution

When legal disputes disrupt your business or personal life, having a committed, knowledgeable lawyer to diligently advocate on your behalf brings comfort and peace of mind. Mann Law works hard to achieve positive outcomes for its clients through highly competent, reliable representation.

Recognizing that every client has different needs, goals and circumstances, we focus on providing tailor-made solutions to each of our clients. In some cases, negotiated solutions attain the best results, and in those cases, you will find our lawyers dedicated to assisting you and providing excellent legal advice and assistance. In other cases, litigation is unavoidable: you can count on the lawyers at Mann Law to guide you through the courts to achieve the best possible results.

The timing of a lawsuit is difficult to predict. It depends on many things, including actions the Plaintiff takes, court schedules, and decisions you make. A lawsuit can take up to two years or longer to settle or go to trial. However, most lawsuits go through the same basic steps, although not always in the same order. Some lawsuits skip some steps, and some steps are repeated many times over. The steps listed below are the main steps that occur in a lawsuit. They will give you a general idea of what to expect:

  • Stages of a Lawsuit

    Step One: Bringing a Claim
    The plaintiff prepares a statement of claim, which contains a concise statement of material facts on which the plaintiff relies. The court issues the statement of claim.

    The plaintiff serves the statement of claim on all defendants and files an affidavit of service with the court.

    If the defendant does not defend the action, this affidavit of service is necessary for the plaintiff to obtain default judgment.

     

    Step Two: Defending a Claim
    The defendant prepares a statement of defence and serves it on the plaintiff, and files a copy with the court together with proof of service.

    The defendant may counterclaim against the plaintiff, cross-claim against a co-defendant, or make a 3rd party claim against a non-party.

    Where a defendant fails to deliver a statement of defence within the prescribed time, the plaintiff may obtain default judgment from the court registrar or a judge, depending on the type of claim.

     

    Step Three: Discovery
    The parties must agree on a discovery plan if they wish to obtain evidence through the discovery process.

    The parties must deliver to all other parties an affidavit that lists all relevant documents in the party’s power, possession or control. Copies of the documents must be made available at a party’s request.

    A party may serve a notice of examination on an opposing party, indicating a time and place where the party must attend to answer questions under oath. The examination is recorded, and where requested, transcribed.

    Generally, only parties may be examined for discovery. The maximum time limit each party has to examine persons for discovery is seven hours. This time limit applies regardless of the number of persons to be examined for discovery.

     

    Step Four: Setting an Action Down for Trial
    Either party may set the action down for trial by serving and filing the trial record. A trial record includes a copy of all pleadings and orders relating to the trial.

    The registrar places the action on the trial list, or in some locations, trial dates are fixed by a judge in assignment court.

     

    Step Five: Pre-Trial Conference
    The parties must attend a pre-trial conference before a judge or court officer to attempt to settle the case or narrow the issues.

     

    Step Six: Trial
    The plaintiff and defendant make opening statements. The plaintiff’s witnesses are examined and cross-examined. The defendant’s witnesses are examined and cross-examined. The plaintiff and defendant make closing arguments.

    A judge may give judgment in court right after both sides have finished presenting their cases. Sometimes, however, the judge may not give the judgment right away but will give the decision later (this is called reserving judgment).

    Mann Law can help you through these stages and is committed to providing clients with the service and attention they need. Call us today for more information.

  • Commercial Litigation

    Any disagreement may evolve into litigation that can threaten the profitability and future viability of a business. The lawyers of Mann Law  focus on resolving disputes as quickly and cost-effectively as possible so that you can return to focusing on operating and growing your business. However, we are skilled trial lawyers who will take your case to trial if that is the best option in your specific case. This area of law may include:

    • Arbitrations
    • Class Actions
    • Competition Matters
    • Contract Disputes
    • Corporate and Securities Issues
    • Corporate Fraud Cases
    • Cross-Border Litigation
    • Franchising Matters
    • Insolvency Issues
    • Insurance Disputes
    • Real Property Litigation
    • Regulatory Proceedings
    • Shareholder Disputes
  • Civil Litigation

    Your civil litigation needs demand a dynamic, assertive and knowledgeable approach. Where your life, your livelihood and your family are concerned, you want to be sure you are receiving the expert legal advice you deserve. Mann Law is focused on identifying your concerns and issues and then achieving a practical and effective resolution based on your unique needs.

    Our team-based philosophy draws on the expertise of our experienced lawyers to advance and protect your rights in today’s, sometimes complex, legal climate.  This area of law can include

    • General Lawsuits/Claims/Defences
    • Breach of Contract
    • Unjust Enrichment
    • Negligence
    • Motor Vehicle Accidents
    • Insurance Claims
    • Injunctions
    • Employment Matters
    • Landlord/Tenant Issues
    • Defamation
    • Copyright Infringement
    • Patent Infringement
    • Trademark Infringement
  • Motor Vehicle Accidents

    When you or a loved one have been injured, understanding the legal and insurance implications is critical to ensuring that you receive the compensation you need. Mann Law has created this brochure to inform you about the benefits that you may be entitled to and the process you must go through to receive those benefits.

    Compensation

    If you are injured in an automobile accident, you may be entitled to compensation from 2 different sources:

    • Accident Benefits Claim – claim against your own insurance company or against the insurance company of another vehicle that was involved in the accident. You are entitled to benefits regardless of the extent of your injuries or whether or not the accident was your fault.
    • Tort Claim – claim against the driver who was at fault for the accident. You must first apply for accident benefits from your insurer before you can commence a claim in court.

    You need the right lawyer

    Insurance law has undergone significant changes in the last 10 years. If you have been injured in an automobile accident, you need a personal injury lawyer with experience handling injury claims.At Mann Law you will meet lawyers who know their way around the insurance system. We will walk you through each step of the claims process and make sure that you receive the benefits that your injury entitles you to.

    Other personal injury claims

    Claims can be made for other injuries that are not covered by insurance. These include:

    • Injuries caused by defective products.
    • Medical malpractice.
    • Injuries suffered on public/private property.
    • Compensation for criminal acts.

    Threshold requirement

    For the purposes of insurance-related cases, your injuries will meet the threshold for tort claims if you have a permanent serious disfigurement.


    Disclaimer: The information contained is not a complete description of the statutes or agencies of Ontario, or a legal opinion.
    If you need more information or assistance please call us.

  • FAQs

    What benefits am I entitled to after a car accident?

    Income Replacement Benefit

    • You must have been employed at the time of the accident OR you were previously employed for 26 weeks during the 52 weeks prior to the accident.
    • You will earn 80% of your net income, to a maximum of $400 per week.
    • The benefit is paid for the first 104 weeks of disability unless you are suffering a complete inability to engage in any employment.

    Non-Earner Benefit

    • You must suffer a complete inability to carry on a normal life within 104 weeks after the accident and you are unemployed.
    • A student will earn $185 per week during the first 104 weeks and $320 per week thereafter. All others will continue to earn $185 per week
    • Payments start 6 months after the accident.

    Caregiver Benefit

    • You must have been the primary caregiver and living with a person who was in need of care at the time of the accident and you were not paid for your services.
    • You will earn $250 per week.

    Medical and Rehabilitation Benefits

    • Your insurer must pay for a wide range of your medical and rehabilitation expenses to a maximum of:
    • $100,000 for up to 10 years.
    • $1,000,000 for life if you suffer a permanent impairment.

    Attendant care benefits

    • Are available for reasonable and necessary services provided by an aide or attendant to a maximum of:
    • $3,000 per month for up to 2 years
    • $6,000 per month for life if you suffer a permanent impairment.

    Death and funeral benefits

    • If you died as a result of the accident or because of disabilities associated with it, the insurer must pay:
      • $25,000 to your spouse.
      • $10,000 to each of your dependants.
      • $10,000 to each former spouse that you were obligated to support under a court order or domestic contract.
      • $10,000 to a person that you were dependent upon.
    • Your family will also be entitled to a maximum of $6,000 for funeral expenses.

    Education benefits

    • You are entitled to a maximum of $15,000 if you were enrolled in school at time of accident and cannot continue.

    Housekeeping and home maintenance

    • If you cannot perform housekeeping and home maintenance, then you are entitled to a maximum of $100 per week for up to 104 weeks if your injury is not permanent.

    If you have purchased additional coverage with your insurance, these limits may be exceeded. Your insurance company will want to give you as little as possible under your insurance policy. They may tell you that you are not entitled to certain benefits or they might pay less than you feel you deserve. If you believe your insurer is wrong, Mann Law will support you to get you the benefits to which you are legally entitled.

    What can I make a claim for?

    Income loss and loss of earning Capacity

    • There is no recovery for income loss suffered in the first 7 days of the accident.
    • Your loss more than 7 days after the accident but before the trial is restricted to 80% of your after-tax income.
    • Future income loss will be 100% of your before-tax income.

    Housekeeping and home maintenance

    • You may be able to recover these expenses from the at-fault driver if your insurance company has not given you enough.

    Health care expenses

    • You can sue for medical expenses that are not covered by OHIP or your insurance plan if your injury has met the ‘threshold’ requirement.
    • The entitlement will be reduced by a $30,000 deductible.

    Claims made by family members

    • If a person is injured or killed in an accident and was entitled to recover damages from the at-fault driver, certain family members may be entitled to sue the at-fault driver.
    • There is a $15,000 deductible.

    Pain and suffering

    • To be entitled your injury must have met the ‘threshold’ requirement.
    • The entitlement will be reduced by a $30,000 deductible.

    Loss of financial support

    • If you die in the accident your family may claim loss of financial support that will be based on your pre-accident income level.
    What is Tort Claim?

    If another driver caused the accident, you may be able to make a claim against them. You must start the action within 2 years of the accident.

    What steps must I follow if I am involved in a motor vehicle accident?
    • Call 911 for police assistance.
    • Collect the following information about the accident:
    • Names, addresses, telephone numbers and insurance data of those involved, including other drivers, passengers and witnesses.
    • Driver’s license number, insurance company and policy number of other drivers.
    • Vehicle make and model, and license plate number of other involved vehicles.
    • Name, department and badge numbers of responding police officers and a copy of the police report.
    • Don’t sign anything except a ticket, citation or report issued by the police. Signing other documents may jeopardize your rights.
    • Inform your insurance company.
    What steps must I go through before I can start an action?
    • Apply for accident benefits from your insurer within 7 days of the accident.
    • Serve written notice of your intention to sue within 120 days of the accident.
    • Undergo medical examinations within 90 days if the at-fault driver requests them.
    What steps must I go through to claim accident benefits?
    • Notify your insurer within 7 days after the accident.
    • Complete the application forms that your insurer sends you within 30 days.
    • If your insurer requests it, you must provide the following information within 14 days:
      • Medical records.
      • A sworn statement as to the events of the accident.
    • If your insurer requires, you must:
      • Submit a disability certificate within 21 days.
      • Attend a medical examination.
      • Attend an examination under oath where your insurer will ask you questions. It is strongly recommended that your lawyer represent you at the meeting.
    • If your benefit is denied, you may be required to attend a Designated Assessment Centre (DAC) for additional medical examinations
    • If you wish to dispute your insurer’s benefit decision, there is a dispute resolution process that you must go through.

    The insurance process can be complicated and includes specific time limits that must be met. During your consultation with Mann Law, we will help you to fill out the insurance forms and make sure they are submitted on time so that your benefits are not delayed or denied.

    Who’s my insurer?
        For a condition to be effective there are a number of elements required: Your benefits insurer is the first one in the list that applies to you:
      • The insurer of your vehicle.
      • The insurer of the vehicle in which you were injured.
      • The insurer of any other vehicle that was involved in the accident.
      • The Motor Vehicle Accident Claims Fund.