Lawsuits are complicated and involve many steps, including pleadings, affidavits of documents, discovery examinations, motions, mediation, undertakings, refusals, pretrial, and trial. Each of these steps involve requisite forms, timelines, and procedures.

 

If you are a company or a person under a legal disability, the Courts usually require that you retain a lawyer to represent you. In almost every instance, you are best advised to hire a lawyer who has the skills and experience necessary to win your case.

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Litigation and assisting clients in pursuing or resolving lawsuits is at the heart of our practice. At Shankar Law, we are committed to working with our clients to identify their goals and develop a winning strategy in order to achieve the best outcome possible. We provide strong advocacy for our clients at every step of the litigation and dispute resolution process.

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Our lawyers have extensive civil litigation experience and provide expert advice to our clients. We act on behalf of businesses, government, government agencies, post-secondary institutions, professional associations, labour, co-operative organizations, not-for- profit organizations, charities, foundations, and individuals in a diverse range of matters.

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Breach of Contract

A breach of contract occurs when one party who entered into a contract fails to do or perform the duties required under the agreement. If you are the wronged party, you or your company have a right to seek compensation or, in some special circumstances, specific performance to fulfill the obligations in the agreement. Breach of contract disputes center on the interpretation of the agreement and the relevant legislation and regulations at issue. It is therefore vital to ensure that you have an experienced and high quality legal team on your side that gives you the best opportunity to succeed.  Our firm also offers our clients industry-leading expertise and strategic advice with respect to advancing their breach of contract claims.

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Tort Litigation

Torts are civil wrongs recognized by law as grounds for a lawsuit. Damages in tort are designed to put the injured party in the position they would have been in had the tort not occurred. Tort litigation is often complex and time consuming given that there are often multiple contested facts at issue and third party experts are frequently required. We are experienced at advancing and resolving  tort actions with expediency and skillfully advocating for our client’s interests.

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We are committed to identifying and assessing our clients’ needs and formulating the right litigation strategy to get the best outcome for our clients. Finding the right strategy in a tort action requires lawyers who possess knowledge of the law, are experienced problem solvers, and who truly understand the needs of their clients. We provide our clients with expert legal guidance and strong legal representation every step of the way. 

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Our tort practice includes advice and representation relating to the following types of claims:

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• Nuisance

• Defamation

• Negligence

• Strict Liability

• Professional Negligence 

• Trespass

• Product Liability

• Interference with Contractual Relations/Business Relations

• Invasion of Privacy

• Intrusion Upon Seclusion

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Injunctions and Ex Parte Motions 

An injunction is a court order prohibiting a party to litigation from performing a specific act or directing the party to perform a specific act. An ex parte motion is argued without providing notice to the other party. In order to obtain an injunction, the applicant must satisfy the court that there is either a prima facie case or that the claim is not frivolous or vexatious, second, the applicant must demonstrate that it will suffer irreparable harm if the injunction is refused. Third, the applicant must demonstrate that it will suffer greater harm from the refusal of the injunction than the respondent will suffer from the granting of the injunction. Necessity and urgency are key elements that ultimately must be proven in seeking an injunction. Injunctive relief and related orders are granted at the discretion of the court on a temporary or permanent basis. We have the knowledge and expertise to assist clients in succeeding in injunction proceedings and ex parte motions. 

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Success in litigation is not solely predicated on successfully bringing or resolving a claim. The interests at stake in the claim must be secured as well. Injunctions and ex parte motions are vital instruments used to secure the subject matter of the claim. If the assets at stake are destroyed, the entire litigation process can be rendered meaningless. We understand the importance of securing the subject matter of the litigation and will aggressively pursue all required injunctions or ex parte relief on short notice.

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Partnership and Business Disputes

Our Team provide advice and representation with respect to partnership and business disputes. We also advise start-ups and businesses of all sizes when legal issues arise. A successful approach to litigating or resolving business disputes requires experienced counsel who possess the skills and experience necessary to understand our clients’ rights, obligations, and business goals. We work closely with our business clients to understand their needs and move their matters forward to a successful conclusion. We provide our business clients with expert legal guidance, and strong representation in negotiations, alternative dispute resolution, or litigation where necessary. 

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Our business law practice also includes the provision of legal advice and strategy relating to:

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• Commercial Agreements

• Real estate Agreements

• Partnership Agreements

• Insurance Contracts

• Share Agreements

• Service Agreements

• Sales Agreements

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Business disputes can stall your business, harm relationships and exhaust your time and money. 
Effective representation can be the key to securing your corporate interests. We understand the underlying needs of business clients and offer strong advice that can guide your enterprise through all manner of business disputes efficiently and productively. In addition, our lawyers understand the importance of seeking injunctive relief in cases of irreparable harm and will aggressively pursue all required injunctions or ex parte relief on short notice if required.

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When can you start a lawsuit?

A Statement of Claim to start your civil litigation can be filed against any other person, whether incorporated or not if it has caused you financial loss or physical damage. You may be able to sue the other party irrespective of the fact that the loss was intended or not intended. A deliberately inflicted loss may also give rise to something called punitive or exemplary damages, where your recovery may exceed your actual loss.

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Filing a lawsuit will have serious consequences for both the parties. In Ontario we have a loser pay system. This means that the person who loses the lawsuit will usually be ordered to pay not only their own lawyer’s bill, but also all or part of the other party’s lawyer’s bill as well. The lawyer’s bill for a lawsuit that goes all the way to trial can easily reach a large sum amounting to thousands of dollars. Thus you should always carefully consider the consequences of both starting and defending a lawsuit, and should also consider making a reasonable offer to settle at the earliest possible stage. A defendant can be ordered to pay the plaintiff’s legal costs even if he does not defend the action, but these costs will be less than the costs of a defended action. Although, a civil litigation action can be filed without legal assistance, it is highly advised that you obtain the services of a civil litigation lawyer as civil litigation is both extremely complicated and very technical. It is not a user friendly system, and the court staff will not provide you with any assistance in drafting or preparing your claim.

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Types of Civil Lawsuits in Ontario

There are two main types of civil litigation lawsuits that can be filed in Ontario courts:

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1. Contract: Here, you can sue the other party of causing you financial loss if they breach the terms of a contract. This means that you had entered into a financial agreement (written or oral) with the other party and they failed to oblige the contract/agreement as per the agreed terms and conditions. Here in, you have the right to sue in case the financial loss has been caused by a faulty product or quality/performance issues with a product. While a contract does not have to be in writing to be valid, it is much easier to prove your claim if it is.

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2. Tort: You can bring a lawsuit if you have suffered physical injuries as a result of a defective product, automobile accident, falling or injuring yourself on someone else’s property, medical negligence or by another person. You can also sue for mental harm caused, but this must usually be tied to, or resulting from a physical injury.

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How to File a Successful Civil Lawsuit: Legal

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Requirements Under the Canadian law in Ontario, two requirements must be satisfied to file a civil lawsuit:

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1. There must be a cause of action. There must be a relationship between you and the other party. This can either result from having entered into a contract together or the ‘to-be’ sued party must owe a ‘duty of care’ towards you. This signifies that the person responsible for damages had an obligation to take measures to either ensure your safety or to take actions to prevent the loss you have suffered.

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2. You have to prove that you suffered a loss as a direct result of the defendant not performing his/her obligations. Your loss must be quantifiable, meaning that you must prove the amount of your loss. This must be a loss that you suffered solely due to the breach by the defendant. So, if you actually did not suffer any loss, or if you would have suffered the loss anyways, the courts will not direct the defendant to pay you any money whatsoever.