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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:
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.
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:
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
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.
If you are injured in an automobile accident, you may be entitled to compensation from 2 different sources:
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.
Claims can be made for other injuries that are not covered by insurance. These include:
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.
Income Replacement Benefit
Medical and Rehabilitation Benefits
Attendant care benefits
Death and funeral benefits
Housekeeping and home maintenance
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.
Income loss and loss of earning Capacity
Housekeeping and home maintenance
Health care expenses
Claims made by family members
Pain and suffering
Loss of financial support
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.
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.