Do you need a Civil Litigation Lawyer? At McMackin Law we have litigation and trial experience.
There are three main venues for Civil Litigation matters that depend on the area of law, type of claim and amount of the claim. At McMackin Law we are happy to assist you in Small Claims Court matters (Disputes below $35,000), Superior Court of Justice Matters (Disputes over $35,000) and Human Rights Tribunal Matters. At McMackin Law we have experience litigating in each of these venues.
Most Civil Litigation matters settle well before going to Trial. In Ontario over 90% of cases settle before Trial. One of the advantages of McMackin Law is that we have experience handling all aspects of a civil litigation matter from the preliminary investigation all the way to trial. If the matter requires going to court, we have experience in enforcing your legal rights.
There are strict limitation periods in play for most matters in Civil Litigation and because of this it is important to act quickly and not wait. Ontario has a general 2-year limitation period from the discovery of a potential claim. With that said depending on the circumstance and area this limitation period can be lower or higher.
It is in your best interests to respond quickly as opposed to waiting towards the end of the limitation period in most cases. The reason for this is are as follows:
1) In some circumstances you may be deemed to have acquiesced. (This is common in employment disputes where an Employer unilaterally changes the terms of employment)
2) By responding quickly, you show the Courts that the matter is important to you.
3) It is better to discover all evidence as soon as possible.
One of the fears going into matters is the cost of Litigation. However, there are techniques an experienced litigator can utilize to minimize your costs and increase the possibility that you recover most of your costs in the case the matter goes all the way to Trial. At McMackin Law we are a cost-effective litigation practice.
The #1 technique to reduce your costs in a litigation matter is by making an early offer to settle. If you are the Plaintiff (the party who brings the law suit) and you at trial get equal to or more than your offer to settle at trial then you can claim for the following per Rule 49 of the Rules of Civil Procedure:
If you are the Defendant and the Plaintiff fails to recover more than your offer to settle at trial, you can claim for the following per Rule 49 of the Rules of Civil Procedure:
An early offer to settle also has a secondary effect. It puts the other party on notice that they may incur significant legal costs in addition to their own legal costs if they do not beat this offer. The pressure this will place on the recipient can pressure them to settle the matter. If the matter settles early, it also will reduce your own legal costs.
Please note: This technique is more valuable for matters over $35,000 than matters in the Small Claims Court.
Since the late 1980’s McMackin Law has served Pickering, Ajax, Whitby, Oshawa, Durham Region, Courtice, Bowmanville, Newcastle, Clarington, Port Hope, Cobourg, Northumberland County, Toronto and Surrounding Areas.