Lawyer-client retainer agreements are contracts and there are duties beyond the contract imposed upon the lawyer. Most legal fee disagreements can be avoided or resolved through good communication. This article touches upon four options to sort out legal fee disagreements that cannot be resolved. 1. Negotiation & Mediation First, there is negotiation and mediation. This […]
Year: 2019
Rule 15.04 of the Rules of Civil Procedure sets out the rules on motions for removal from the record in Ontario. The rule was updated January 1, 2019. This blog post will look at removing a lawyer of record from both the lawyer and client perspectives. Note the distinction between a client who is an […]
Rule 15.01(2) of the Rules of Civil Procedure states: A party to a proceeding that is a corporation shall be represented by a lawyer, except with leave of the Court. This means that for a company to to be represented by an owner, director or officer in Superior Court (claims over $35,000 as of January […]
Starting January 2020, the simplified procedure increases to $200,000, Juries are removed for most cases and trials are restricted to 5 days. To actually get trials completed in 5 days, parties must agree on a Trial Management Plan (Rule 76.10(2)) 30 days before the pre-trial conference, have it approved at the pre-trial conference and incorporate […]
On January 1, 2020, the simplified procedure limit increases to $200,000. There are a number of changes that go with the increase. Claims Started after January 1, 2020 There are two important changes for claims started on or after January 1, 2020. First, the right to a trial by Jury is eliminated for many types […]
Before you settle a case, you might want to take a look at our litigation book called Civil Litigation D.I.Y. which discusses how to value, assemble and settle lawsuits. Dismissal A common term of settlement is that the case will be dismissed on consent and without costs. This is a formality to close off the […]