Litigation is a fancy way of saying taking legal action in Court. The Canadian court system is adversarial, meaning the two parties, or litigants, present their cases in front of an impartial person (a Judge), who attempts to determine the truth of the matter and pass judgment accordingly. In criminal litigation, the prosecutor and defence … Continue reading Litigation: What Do You Have to Prove?
Many legal terms originate from Latin, and we all know the stereotype that lawyers like to use big fancy words. I’ve always thought some terms, such as “per stirpes,” sound like illnesses, and there is a recent trend in legal education which emphasizes the use of (as much as possible) everyday language in legal writing … Continue reading Legalese 101
Many people represent themselves when involved in a civil claim at Provincial Court. The Provincial Court civil process tends to be less complicated and thus easier to navigate without legal counsel. One of the steps in the Provincial Court process that many people are not familiar with is a Pre-Trial Conference. In our area (particularly … Continue reading Provincial Court Pre-Trial Conferences
Alberta’s current recession has placed a lot of emphasis on one’s employment situation, and I’ve been fielding a lot of questions regarding wrongful dismissal claims as of late. Generally speaking, employers can terminate employees’ positions with or without cause. With cause means that the employee has done something which is considered to end the employment … Continue reading The “Wrong” in Wrongful Dismissal
In our litigious North American society, the idea of “sue ‘em and get your cash!” predominates. However, being successful in a lawsuit against a Defendant and actually collecting on the judgment against him or her are two different things. If a Plaintiff is successful in suing a Defendant, the Plaintiff will get a judgment from … Continue reading Collections Confusion
I have recently fielded a number of questions from clients about what they should do if someone threatens to sue them, and the first thing we’ve needed to clarify is what exactly “I’m going to sue you” means. Suing a person or corporation means starting a civil claim in Court against him/her or it. This … Continue reading Civil Litigation 101