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 judgement accordingly. In criminal litigation, the prosecutor … Continue reading Litigation: What Do You Have to Prove?
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 … Continue reading Civil Litigation 101
I have been retained as defence counsel on a number of robbery cases recently, and these files involve discussions with my clients about the jail risk they are facing. In most cases, my clients are surprised to learn that they are at risk of a lengthy jail sentence. Robbery, like a number of … Continue reading Starting Point Sentences
When I meet with my clients to prepare a Will, I like to review the property that makes up their estate, as well as any debt they may have. This review is important for a number of reasons – one of them being that I find out what property a client owns and … Continue reading Information Collection for Estate Planning
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 … Continue reading Collections Confusion
I recently saw a meme on Facebook that said “how to talk to the police – don’t”. While the meme was meant to be humorous, it provided a piece of legal advice all criminal defence lawyers give to their clients. I receive many calls from individuals who have been arrested and are being … Continue reading Silence is Golden
As our population ages, many adult children are assisting their parents in the management of the parents’ financial affairs. Often, the parent adds the child’s name to bank accounts and investments with the intention that the child take over the day to day management of bill payments and banking transactions. This appears simple … Continue reading Money Mishaps