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Get Answers about Civil Litigation in Ontario

What is professional negligence?

Professional negligence occurs when there is a breach of a professional’s duty(s) to their client(s). While medical malpractice is a common form of professional negligence, it can involve professionals of all types including accountants, financial advisors, lawyers, counsellors, dentists and others. Any professional you hire to perform a service is expected to provide a common duty of care. When this duty of care is breached, a lawsuit may be filed.

When can I file a lawsuit for defamation?

To bring a valid suit for defamation, the following must be proven:

  • Written or spoken communication was false
  • Communication was directed specifically at you
  • Statements were read or heard by other people
  • Communication caused you economic loss or harm

Defamation is typically classified as libel or slander. In general, libel is defamation in writing while slander refers to a verbal communication.

How do I sue someone?

There are many factors to consider before filing a lawsuit. You might first consider if there is an alternative. With the assistance of a lawyer, you may be able to settle your dispute out of court through negotiation, mediation or arbitration. You should also know exactly who you want to sue, including the legal name and current address. Will you be able to collect? In other words, you should consider if they have money, assets or a debt owed to them. Other questions to ask include:

  • In what court do you need to file the lawsuit?
  • Are there limitations on when you can file a case?
  • Will you be able to attend court on multiple occasions?
  • Do you have information to support your claim?

Can I bring a lawsuit against an insurance company?

If you feel the decision of your insurance company is unfair and that the denial of your claim does not comply with the terms of your contract, you may wish to pursue legal action. Insurance disputes commonly involve the exclusions and limitations found within policies. Filing a lawsuit is typically not the only option as some cases may be resolved out of the courtroom through mediation or arbitration. The lawyers at Donnell Law Group have experience with insurance disputes and will clearly explain the options available to you.

What is an injunction?

An injunction may be filed when one party in a civil litigation case seeks to maintain the status quo, such as freezing a bank account. An injunction may also be filed to prevent the following from happening:

  • Publishing defamatory comments
  • Copyright/trademark infringement
  • Using confidential information
  • Interacting with customers or suppliers

For a court to issue an injunction, there must be a good reason to restrict the defendant’s rights.

How do I enforce a judgement?

Winning a lawsuit does not necessarily mean you will automatically be paid. However, there are options available to you when attempting to enforce a judgement. The first step may be to simply send a letter to the debtor with instructions on how to pay. This communication should also set reasonable deadlines. Moving forward, you can request an examination hearing of the debtor under oath. This type of examination can be used bring light to the debtor’s financial situation and may provide information needed to request a garnishment or a writ of seizure and sale of personal property or a writ of seizure and sale of land.

What is fraud?

Fraud involves the willful act on the part of one person to deprive another person of his money, property or legal right. In many cases, fraud is seen through an intentional misrepresentation. Common types of fraud include bogus insurance claims, investment schemes and online scams.

If you need a civil litigation lawyer for the York Region or other areas of Southern Ontario, consult with the team at Donnell Law Group.