Recently Asked Questions

• Q: I was surprised by a claim against my company by a client who owed me money. There were some settlement negotiations but then the Plaintiff stalled the process in 2012. Nothing has happened with the claim since. The claim is still public record and damaging to my company. Is there is a limitation on how long unsettled claims hang around and what if anything can be done to remove this unsettled lawsuit from the public record?

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  A: Within the Rules of Civil Procedure are two Rules that deal with dismissing actions for delay. Rule 24 deals with the Defendant asking the court to dismiss a matter for delay, when the Plaintiff is unreasonably letting the case stay in limbo, while Rule 48.14 deals with a court initiated procedure to dismiss a matter for delay after 5 years.

• Q: I served the Statement of the claim on October 31, 2014, the defendant filed and served me with Notice of intent to defend, first of all today is the day I can file the default Judgment? If I file the default Judgment, should I inform the defendant?

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  A: Yes, you should notify the defendant because if you don’t give the defendant a last warning with some time to do the statement of defence, it is quite likely that a Court would set aside your judgement.

• Q: Are judges elected in Canada?

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  A: There are no Canadian judges that are elected. Provincial court judges are appointed by the provincial government. Superior Court judges for all of the different provinces and territories are appointed by the federal government. Supreme Court of Canada judges are appointed by the federal government but they must meet certain criteria.

• Q: An FLA claimant wants out of an action after close of pleadings. The injured plaintiff’s action goes on. What is the procedure? Does the FLA claimant file a Notice of Discontinuance? Does he need consent of the other plaintiff or of the defendants?

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  A: As pleadings have closed, the FLA claimant will require a court order to be removed from the action. The consent of all parties will be required or leave of the Court can be sought should consent of the parties not be forthcoming.

• Q: There is a judgement against me and they are garnisheeing 20% of my wages. I am a single mom with 3 kids and I only earn $500 per week. If I lose $100 per week of wages I won’t be able to pay rent and feed my family. Is there anything I can do?

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  A: You can apply to the Court to reduce the amount of your garnishment due to hardship.

• Q: How to file and serve 18B intent to defend? Can I do it at any court house? What is the whole procedure? – Alfred

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  A: Hi Alfred, Form 18B – Notice of Intent to Defend- is a court form that a defendant may file if he/she does not have enough time to complete and file his/her statement of defence in the time prescribed. By filing a Notice of Intent to Defend the defendant is awarded an additional 10 days to file his/her statement of defence. The form can be downloaded from the official site of the Ministry of the Attorney General at: www.ontariocourtforms.on.ca. You will need to fill the form to include the name of the parties, your personal information (address and telephone number) and the information of the plaintiff(s). The Notice of Intent to Defend has to be served on the other parties. This can done in a number of ways, depending on whether or not the other parties are represented. An Affidavit of Service has to be prepared, in which the defendant swears that the Notice of Intent to Defend was served on the other parties and the method of service. The Notice along with the Affidavit of Service are then filed with the court where the claim was commenced. The Notice of Intent to Defend is just the first step in what can be a long and complicated process. The Rules of Civil procedure governing civil litigation can be confusing and it is advisable to consult with a lawyer regarding the law and the procedures to be followed.

• Q: What is litigation?

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  A: “Litigation” refers to actual contested proceedings where some type of lawsuit is filed with the court. Nasty letters, verbal arguments, and even fistfights do not constitute litigation. True litigation starts the moment one side or the other files an actual lawsuit with the court.

• Q: Why does litigation cost so much?

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  A: Litigation is expensive for a number of reasons, but the primary reason is that litigation is very time consuming and labor-intensive. For a lawyer to be ready at trial, he must know virtually every aspect or facet of the case, and be familiar with each and every document associated with the case. Some lawyers estimate that they must spend at least 10 hours in preparation for every one hour of actual trial time. Sometimes the cost of expert witnesses greatly increases the litigation expenses. In other cases, the sheer number of witnesses to be interviewed and/or cross-examined can greatly influence the expense of the case.

• Q: If I get into a dispute, are there less expensive alternatives to litigation?

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  A: There are alternatives to litigation, most of which fall under the general category of “Alternative Dispute Resolution.” Two of the most common options are mediation and arbitration.