In legal terms, a defendant is the person or party being sued or accused in a lawsuit. When someone files a lawsuit, the party they're suing is called the defendant. They're the ones who have to respond to the allegations, essentially defending themselves against the claims brought by the other side, known as the plaintiff. The defendant's role is crucial; they must provide a strong defence or counter the claims to prevent a judgment against them. It’s their job to challenge the evidence presented by the plaintiff and argue their side of the story. Here's a fun fact to make this term more relatable: The word "defendant" comes from the Latin "defendere," meaning to defend. This term has been used since the early 14th century, indicating how long our legal traditions have been forming. . . . #Defendant #Plaintiff #LegalJargon #LegalExplained #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
A default judgment occurs when a court grants a judgment in favour of the plaintiff without a trial because the defendant failed to respond to the legal claim in the manner required or within the prescribed time frame. Let’s break down how these judgments work and what they mean for everyone involved. It starts when a plaintiff files a lawsuit and serves the defendant with a statement of claim, which starts the clock: the defendant has 20 days to respond, indicating they plan to defend against the claim. They can buy an extra 10 days by filing a notice of intent to defend, but if the defendant doesn’t respond within these time frames, the plaintiff can request the court to note the defendant in default. If the court approves this request, the plaintiff can seek a default judgment. This is typically granted in clear-cut cases, such as contract disputes with documented evidence, but rarely in cases that hinge on personal credibility, like misconduct or discrimination allegations. A default judgment means the plaintiff can enforce the court's decision as though they had won after a full trial, highlighting why it’s crucial for defendants to respond to legal notices. Have more questions about navigating court processes or facing a lawsuit? Drop us a comment below or DM us! #DefaultJudgment #LegalProcess #OntarioLaw #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Being involved in a legal dispute ranks as one of life's most taxing experiences. However, understanding the best path to resolution can significantly alleviate this stress. Whether you're a plaintiff or a defendant, you can either represent yourself or to hire a civil litigator to advocate on your behalf. When deciding to hire a civil litigator, you should weigh several key factors: 👉🏼 Complexity of the case: Legal disputes range from straightforward small claims to complex commercial litigation. A civil litigator can navigate the intricate legal frameworks and procedural rules that might be overwhelming for someone without legal training. 👉🏼 Potential risks: Assess the risks involved in your case. The higher the stakes, such as significant financial implications or impactful legal precedents, the more prudent it is to have an experienced professional by your side. 👉🏼 Legal expertise: Civil litigators are trained to effectively argue a case, negotiate settlements and pursue a favourable outcome through trial if necessary. Their expertise often translates into better positioning in settlement discussions or at trial. If you decide to hire a litigator, choosing the right one is critical. Consider their expertise in the specific area of law relevant to your case, their track record of success and their approach to client communication. At Mandin Law, we specialize in providing clear, strategic guidance tailored to your unique situation. We understand that every case is different and requires a dedicated, personalized approach to ensure the best possible outcome. . . . #LegalSupport #YourRights #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Administrative law might be one of the lesser-known areas of the legal landscape, but it's more likely that you'll be involved in an administrative tribunal than a traditional court case. Whether for building an extension on your house, resolving a landlord-tenant dispute or addressing discrimination, these tribunals are often a person's first interaction with the legal system. Here’s what you need to know: ⚖️ What are they? Administrative tribunals are specialized bodies designed to handle specific types of disputes, such as compliance with building and construction regulations, tenant and landlord disagreements or discrimination claims. ⚖️ Why do they matter? Tribunals provide an essential service by offering a way to resolve disputes more informally and affordably than traditional courts. ⚖️ What can I do to boost the chance of success in my case? Many tribunals provide comprehensive guides and access to duty counsel, who offer free legal advice on site. If your situation requires more extensive legal support, it’s wise not to go it alone. At Mandin Law, we're here to help you understand your rights and prepare your case thoroughly. Lack of legal knowledge shouldn't be a barrier to justice. . . . #Tribunals #AdministrativeTribunals #AccessToJusice #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Think twice before you speak. Words can damage reputations, and in today's digital age, a single comment can ignite a legal firestorm. Learn how to shield yourself from defamation lawsuits with these four essential defences. Last month, we looked at the three-part test to prove defamation. Now, let’s dive into the four possible defences to a defamation claim. Consider a scenario where a journalist, Alex, writes an article about a local politician, Emma, claiming she accepted bribes for favourable zoning decisions. Emma sues Alex for defamation. Here's how the four defences might apply: 1. Justification: Alex can prove the truth of the allegations by providing evidence of the bribes and Emma's involvement, thus justifying the publication. 2. Consent: If Emma had previously agreed to an interview where she discussed the zoning decisions and did not object to the publication, Alex could argue that she consented to the dissemination of the information. 3. Fair comment: Even if Alex cannot prove the bribery, he might argue that his comments were based on the facts available to him at the time and were made in the public interest, thus qualifying as fair comment. 4. Qualified privilege: If the article was published in a context where there was a duty to inform the public, such as a debate on political integrity, Alex might claim qualified privilege, as the publication was in the interest of the public's right to know. This example illustrates how each defence can provide protection against a defamation claim, depending on the circumstances of the case. If you liked this post, please follow us for more content as we demystify the law. . . . #LawAndOrder #OnlineReputation #DefamationCase #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
A recent case at the Human Rights Tribunal of Ontario, where the applicant's discrimination claim was dismissed for abuse of process due to their failure to file submissions in the required format, illustrates the importance of understanding the legal process when pursuing your claim. The tribunal directed the applicant to file written legal arguments in a specified format, and was warned that failure to do so could result in the application being dismissed as an abuse of process. This case highlights the disadvantage self-represented litigants face in legal matters. Even if a case has merit, an average individual may be unaware of complex and nuanced legal procedures, making it challenging to navigate the system effectively and successfully. At Mandin Law, we provide timely legal advice from the outset, which can significantly affect the outcome of your case. . . . #UnrepresentedLitigants #SelfRepresentedLitigants #SelfReps #HumanRightsTribunal #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
The Ontario public sector wage cap law — Bill 124 — has been repealed after two constitutional challenges. The province's top court found that the law, which limited salary increases for public sector workers to one per cent annually over three years, violated collective bargaining rights. Critics argued that this constraint exacerbated a healthcare staffing crisis, particularly during the COVID-19 pandemic, by driving nurses out of the sector. The bill's journey through the courts to its eventual demise highlights the crucial role of judicial oversight in governance and the power of legal advocacy to effect significant policy changes. What's your take on the decision to repeal Bill 124? Let us know in the comments. . . . #Bill124 #WorkersRights #LegalAdvocacy #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Have you ever written a negative Google review after a less-than-stellar experience with a company? It’s a common way to express dissatisfaction, but a recent court case highlights the need for caution. An Ontario law firm was awarded $20,000 in damages after a former client posted a disparaging review, accusing the firm and its lawyers of incompetence and unprofessionalism, among other things. Despite the firm’s request to retract the post, it remained online for three months. The Ontario Superior Court’s decision rested on the three-part defamation test: 1. the statement referred to the plaintiff in an identifiable way 2. the statement was published 3. the statement diminished the plaintiff's reputation in the eyes of a reasonable person. The case underlines the serious consequences of online defamation and serves as a reminder that digital platforms are not exempt from legal accountability. Words have power, and accountability extends into the virtual world. Stay tuned to this channel for our upcoming post where we explain how to defend a defamation claim and the importance of seeking legal counsel. . . . #LawAndOrder #OnlineReputation #DefamationCase #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
As a business owner, navigating disputes with suppliers, customers, employees or other stakeholders is almost inevitable. While litigation can be a powerful mechanism to resolve conflicts when all else fails, it's crucial to consider it a last resort. After all, litigation is not just about winning or losing; it's about the impact on your business, both financially and in terms of relationships. Considering that a week-long trial can cost between $50,000 and $80,000, it's wise to take proactive measures to mitigate your risks. Leveraging our extensive experience in representing corporate clients through diverse legal challenges, here are our top three key strategies to avoid legal complications: 1. Know Your Partner: The foundation of any successful business relationship lies in mutual understanding and aligned values. It's essential to assess potential partners thoroughly to ensure compatibility in vision, ethics, and operational strengths. Misalignments in these areas are frequent precursors to litigation. Remember, it's not just about how well you work together but also how you navigate disagreements. 2. Get it in Writing: While drafting a formal contract can seem daunting, it doesn't need to be a voluminous document filled with legal jargon. What matters is capturing a clear, mutual understanding of key terms that outline the partnership's dynamics, responsibilities, financial arrangements and provisions for dissolution. A solid agreement acts as a roadmap for resolving disputes before they escalate into litigation. 3. Structure Your Business Wisely: Your business structure — corporation, limited partnership, etc. — has significant legal and tax implications. Early investment in professional legal and tax advice can save you from future disputes and financial woes. At Mandin Law, we believe an ounce of prevention is worth a pound of cure. By adopting these strategies, you can safeguard your business against potential disputes, allowing you to focus on growth and success. . . . #CorporateLaw #BusinessLaw #PartnershipAgreement #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
In a legal proceeding, a plaintiff is a party who brings a complaint or lawsuit against another party — known as the defendant — seeking a legal remedy or compensation for harm allegedly caused by the defendant. In essence, the plaintiff initiates the legal action and is responsible for proving their case to obtain a favourable judgment. This role is crucial in the legal process, as it is the plaintiff's burden to demonstrate to the court that the defendant is liable for the alleged wrongdoing And here's a fun fact: The word plaintiff can be traced to the year 1278 and stems from the Anglo-French word "pleintif," meaning complaining. It was identical to plaintive at first and receded into legal usage with the -iff spelling in the 15th century. A plaintiff identified by name in a class action is called a named plaintiff. . . . #Plaintiff #Defendant #LegalJargon #LegalExplained #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Ab initio. Caveat emptor. Force majeure. We lawyers are known for our love of legalese, but times are changing. A recent study found that both laypeople and lawyers prefer plain language in legal contracts, and that contracts written in simple language are more likely to be signed and are just as enforceable. The study presented more than 100 lawyers with contract excerpts in both "legalese" and plain English. While lawyers outperformed laypeople in comprehending legal terminology, they still found legalese contracts more challenging to grasp. As our world shifts, so does our manner of communication. Simplifying legal jargon for clarity and better comprehension serves our clients and the legal profession as a whole. . . . #LegalCommunication #PlainLanguageContracts #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Seven out of every 10 Canadian workers have experienced some form of violence or harassment in the workplace, with Indigenous workers, racialized employees, workers with disabilities, and those in the LGBTQ2+ community facing the highest rates of harassment, according to research from the Canadian Labour Congress. Victims of workplace harassment have legal rights and avenues for recourse. They should feel empowered to file complaints with their employers, seek legal advice and take action to ensure their safety and well-being. Despite the prevalence of workplace harassment, many individuals hesitate to report incidents due to fear of reprisal. It’s important to remind workers that both Ontario’s Health and Safety Act and the province’s Human Rights Code protect employees from suffering reprisals as a result of workplace complaints. Harassment in the workplace is not OK, and employees have the right to protect themselves. If you are facing harassment in the workplace, know that there are resources available to help you during this challenging time. . . . #WorkplaceHarassment #Harassment #WorkplaceViolence #Discrimination #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Imagine how unsettling it would be to learn that the person providing you with legal services is not, in fact, a lawyer — and never has been. It happened in B.C. recently: a woman who posed as a lawyer in exchange for household services from “clients” signed a B.C. Supreme Court consent order agreeing to a permanent ban on practising law. The moral of the story is trust, but verify. Legal consumers can get excellent quality legal services from smaller firms, but it’s important to do your due diligence. Search the lawyer’s name online. Check their licensing body website. Have they been suspended? Are they a member in good standing? Do your homework and double-check the credentials of anyone you entrust with your legal matters. It's your peace of mind on the line! . . . #LegalNews #HiringALawyer #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
If you've been terminated and received a severance package, there's an important aspect to consider —mitigation. Mitigation is a legal principle that prevents a plaintiff from recovering losses that could have reasonably been avoided. In the employment context, an employee entitled to severance has a corresponding legal obligation to search for a job and mitigate their losses. The obligation to mitigate damages is crystallized the day the employee is terminated. To succeed in a wrongful termination claim, a worker must show they have actively tried to minimize losses from job termination by earnestly seeking comparable re-employment. If you believe you’ve been wrongfully terminated, speak to a lawyer. They will help you determine reasonable notice, if and where your employer has fallen short and how to best recoup that notice. . . . #Mitigation #LegalJargon #LegalExplained #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
In law, things are rarely black and white, and a recent legal case out of British Columbia highlights the nuanced reality of balancing human rights with public safety. The case centred around an order by Vancouver’s fire chief last summer to remove the tents, tarps and belongings of people living in an encampment on Hastings Street. The judge found that the fire chief had violated a woman’s Charter right to security of person when she ordered the encampment where she was living be cleared. However, the judge also found it reasonable given the safety risks imposed by the temporary shelters. Here’s the explanation: If a court finds that legislation infringes a guaranteed right under the Charter, the government can try to prove, on a balance of probabilities, that this breach is justifiable. In this case, the court found that the order to remove the tents and belongings violated the woman’s right to security of person, but because of the fire risk the encampment posed, it was justifiable. . . . #CharterBreach #CharterViolation #HumanRights #CharterRights #Homeless #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Small businesses are the backbone of the Canadian economy, making up 98 per cent of all businesses in the country. But did you know that more than half of all startups fail in the first five years? If your company is among the fortunate ones experiencing growth, here are a couple of important legal considerations to ensure its continued success. 1️⃣ To incorporate or not? As your company grows, it's vital to ensure you have the right legal structure in place. Whether you're a sole proprietor, a partnership or a corporation, different legal requirements and liabilities are associated with each entity type. Do your research and consult with a professional to ensure you're making the right choice. 2️⃣ Employees or contractors? As your business expands, you'll need people to support it, which may include employees or independent contractors. If you take on employees, you will be subject to the Employment Standards Act, responsible for managing source deductions and potentially providing benefits. On the other hand, you may opt to work exclusively with independent contractors on fixed-term arrangements. Either way, legal contracts are critical for long-term success, financial protection and operational efficiency. Was this helpful? Let us know in the comments. . . . #SmallBusiness #LegalTips #SMBLegal #Incorporation #Partnership #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Freedom of expression is a fundamental right protected under the Canadian Charter of Rights and Freedoms. But for those in regulated industries, that freedom is limited by their obligation to comply with the rules and regulations of their governing body. A recent Ontario Divisional Court decision to uphold an order by the College of Psychologists of Ontario for psychologist Jordan Peterson to undergo social media training underscores this point. The College issued the order last November after its complaints committee found that controversial statements Peterson made on social media directed at politicians, a plus-sized model and transgender actor Elliot Page could constitute professional misconduct. Although Peterson claimed his comments were not made in his capacity as a clinical psychologist, the court was not convinced. The takeaway? Individuals in regulated professions — doctors, lawyers, psychologists, and so on — are held to a higher standard, which is important to ensure public trust and confidence. When Peterson introduces himself as a clinical psychologist and makes transphobic statements that are intended to carry weight under that professional banner, he must bear responsibility for the potential harm arising from his speech within that trusted professional capacity. Do you agree with the court’s decision? Let us know in the comments! . . . #FreedomOfExpression #CharterRights #CharterViolations #LegalNews #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Embarking on a journey to establish or join a franchise is an exciting venture, but the success of such a partnership hinges on a crucial element — the franchise agreement. Ontario’s franchise legislation, the Arthur Wishart Act (AWA), imposes rigorous disclosure obligations on franchisors to provide prospective franchisees with clear and transparent information, enabling them to make informed decisions. It is crucial to understand all obligations under the AWA; failure to comply with the disclosure requirements can lead to financial penalties, including the potential rescission of the franchise agreement and the requirement to cover franchisees' costs. Here are three frequently asked questions (FAQs) related to franchise deals: 1. Wʜᴀᴛ ʜᴀᴘᴘᴇɴs ɪғ ᴀ ғʀᴀɴᴄʜɪsᴏʀ ғᴀɪʟs ᴛᴏ ᴍᴇᴇᴛ ᴛʜᴇ ᴅɪsᴄʟᴏsᴜʀᴇ ʀᴇǫᴜɪʀᴇᴍᴇɴᴛs? If a franchisor fails to meet the disclosure requirements under the AWA, franchisees may be entitled to rescission within 60 days. If the disclosure is "materially deficient," franchisees can seek rescission within two years as if no disclosure was made at all. 2. Aʀᴇ ᴛʜᴇʀᴇ ᴇxᴇᴍᴘᴛɪᴏɴs ғʀᴏᴍ ᴛʜᴇ ᴅɪsᴄʟᴏsᴜʀᴇ ᴏʙʟɪɢᴀᴛɪᴏɴs ғᴏʀ ғʀᴀɴᴄʜɪsᴏʀs? Franchisors may claim exemptions from the disclosure obligations, particularly for resales of existing franchises. However, these exemptions must be narrowly construed, and franchise case law suggests that the exemption does not apply if the deal was "effected by or through the franchisor." 3. Wʜᴀᴛ ᴄᴏsᴛs ᴄᴀɴ ғʀᴀɴᴄʜɪsᴏʀs ʙᴇ ʟɪᴀʙʟᴇ ғᴏʀ ɪɴ ᴄᴀsᴇ ᴏғ ʀᴇsᴄɪssɪᴏɴ? If a franchise agreement is rescinded, franchisors may be responsible for covering various costs incurred by the franchisees, such as royalties, supplies and equipment, operating losses, prepaid rent, unpaid wages and interest. . . . #FranchiseAgreements #Franchisors #Franchisees #Legal #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
It’s normal to feel anxious as your civil trial begins. At this stage in your legal journey, you have made substantial investments of time and money that underscore the significance of what's at stake. While courtroom anxiety is common, it doesn’t have to derail your case. Here are the tried-and-true tips we share with our clients to set them up for success in court, whether they are appearing as a plaintiff or a defendant: 1. Mental well-being check: Get a good night's sleep before court. Civil trials are marathons, not sprints. Being well-rested will help keep emotions in check. 2. Do your homework: Review the pleadings and the key documents. Write down what you plan to say. Stick to the facts and the evidence. 3. Listen carefully to the party being examined. Take notes of what they’re saying and anything you know can be disputed with credible evidence. That will assist in your cross-examination in drawing out the facts that help you. 4. Poker face: Present yourself in a professional manner and contain your emotions. Avoid reacting to testimony from the opposing side. 5. Maintain a calm demeanour: Courtrooms can be intimidating, but don’t let the process scare you. The judge is supposed to be impartial and neutral. You won't get any insights into how they might rule during the trial. When you finally get your day in court, your goal is to be procedurally prepared and calm, understanding your facts with notes on the other side's statements while presenting yourself in a professional manner — ultimately doing everything you can to help the judge find in your favour. . . . #TrialPrep #PreparingForCivilTrial #CourtPrep #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Reasonableness is the North Star that guides the court's decisions, but what does that mean? Let's unpack it. The "reasonable person" test is the court's legal standard to determine whether the parties' conduct in a case was proper in the circumstances. Let's say your employment agreement states that you are paid salary only, but you sue your employer to be compensated for the 15-20 overtime hours a week the job demands. In that scenario, the court might say that a reasonable person should have read their employment contract and obtained independent legal advice before signing. If they didn't do that, it could impact their credibility and chance of success. What do you think? Does the reasonable person standard make sense to you (pun intended, but we really want to hear from you!) . . . #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #MandinLaw
Choosing the right lawyer to represent you in a civil trial can be as critical as the case itself. Litigation requires a substantial investment of time and resources, so it's important to choose an advocate who not only has the expertise and courtroom experience but also demonstrates a genuine commitment to your case. Here's a quick checklist of what to look for when you hire a civil litigator in Ontario: Courtroom credibility: Check their CanLii.org record. Have they navigated courtrooms? Experience matters. Real talk, not tall tales: Be cautious of promises. A reliable lawyer provides a realistic case assessment, not empty assurances. Principal, not proxy: Ensure commitment that your case will remain in experienced hands, not handed off to a junior. Google goggles: Research if your potential lawyer's alliances align with your cause. Have they been suspended or embraced by legal authorities? Your interests should intertwine, not clash. When the stakes are high, having a dedicated and experienced advocate by your side can make all the difference. . . . #HowToLegal #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal
The Federal Court recently dismissed a motion to strike a claim brought by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) in a royalty dispute against Québecor Média Inc. and Vidéotron Ltée. The dispute arises from a 2018 agreement over tariffs for using certain rights in SOCAN's musical works repertoire. The defendants retroactively applied the terms of the 2018 agreement, resulting in a withholding of $1.435 million from royalties due to SOCAN. The defendants argued that the court lacked jurisdiction over the claim, but the Federal Court disagreed, finding that it was not plain and obvious that the court did not have jurisdiction. The "plain and obvious" standard is a legal benchmark used when a defendant seeks to strike a claim, asserting that the legal issues are so clear-cut that the case should not proceed to trial. In this instance, the court determined that it was not evident that it lacked jurisdiction over SOCAN's claim and that the contractual complexities raised by SOCAN required a more thorough examination. . . . #FederalCourt #Musicians #Composers #Songwriters #Artists #SOCAN #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Facing a legal challenge can be costly and time-consuming. Before you commit to going the distance in court, it's important to distinguish between what you assume is strong evidence and what legally qualifies as admissible under the Rules of Civil Procedure in Canada. It's common for individuals to feel an inflated sense of confidence in the strength of their legal case — sometimes referring to it as a "slam dunk," although such absolute certainty rarely exists in the legal realm. In a court of law, evidence rules, whether in the form of documents, videos, witness testimony or other sources. Flip through our carousel to see examples of common misconceptions to help you navigate legal matters more effectively. . . . #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #DemystifyLegal #MandinLaw
Signing a commercial lease is a big step for a business owner, and you want it to lead to success, not surprises. While the thrill of securing the perfect commercial space may tempt you to sign the lease quickly, it's crucial to put on your detective hat. Before putting pen to paper, thoroughly examine these crucial aspects of the lease to ensure a clear understanding from the outset: ✅ Term length and renewal options: Ensure the lease's term aligns with your long-term goals. For example, if you're investing in a restaurant and committing resources to retrofit the space, a two-year lease with no renewal option may not be your best option. ✅ Dispute resolution: Understand the mechanism for resolving disputes, as a well-defined process can save time, costs and headaches for both parties. ✅ Cure periods for defaults: Both parties should agree on a process for addressing defaults, such as rent arrears. Establishing a cure period and dispute resolution mechanism helps maintain a fair and balanced approach. ✅ State of the premises: Don't overlook the physical condition of the space. Review HVAC reports, clarify maintenance responsibilities between the landlord and tenant, and ensure the terms are explicitly stated. ✅ Additional rent: Every commercial lease includes base rent and additional rent. Knowing the total amount you're responsible for each month is crucial to maintaining financial transparency. . . . #CommercialLease #BusinessSuccess #ContractLaw #CommercialLaw #LegalInsight #Legal #Lawyer #LegalMatters #CivilLitigation #TorontoCivilLitigator #Legal #LegalDispute #MandinLaw #TorontoLitigator
A recent decision from Ontario's appeal court should serve as a warning to businesses to review their practices when signing workers on fixed-term contracts. In her latest blog, Toronto civil litigator Stephany Mandin explores the case of Monterosso v. Metro Freightliner Hamilton Inc., where the court upheld a $550,000 damages award to an independent contractor fired just seven months into a 72-month contract. The unanimous appeal court panel dismissed the truck company's appeal of a Superior Court judgment ordering it to pay out the remaining 65 months on the plaintiff's contract after terminating his services without cause. Still, Mandin says there was some good news for employers, as the three-judge panel confirmed that independent contractors working on fixed-term contracts are required to mitigate their damages in the event of an early termination. Tap the link in our bio to check out the blog for more of Stephany's insights on this case and its implications for businesses. . . . #TorontoCivilLitigator #Litigation #LegalDecision #LegalInsights #ContractLaw #CivilLitigation #EmploymentLaw #MandinLaw #TorontoLegal #RecentDecision
If you’re facing a legal dispute and considering court action, a lawyer-drafted demand letter is a smart initial step towards resolution. A demand letter is a formal written notice that requests a specific action or resolution of a dispute, typically sent by one party to another before legal action is taken. In our experience, a demand letter can be an effective way to seek resolution without launching into expensive legal proceedings. But before diving in to write your own, take a minute to explore the key benefits of having an experienced lawyer handle this crucial task: 1. Enlisting a lawyer to draft your demand letter sends a powerful signal that you are serious about resolving the issue, professionally and efficiently. 2. A lawyer can ensure your letter is sent "without prejudice," which means the contents of the letter can't be used against you in court. This is particularly beneficial when emotions run high in a dispute. Even with the best intentions, a poorly worded letter could inadvertently hurt your case. A lawyer acts as a gatekeeper, ensuring that you don't put anything in writing that could come back to haunt you in litigation. When a legal issue can be resolved through a demand letter, it’s often the best outcome for all parties. . . . #DemandLetter #LegalInsight #DisputeResolution #Legal #Lawyer #LegalMatters #CivilLitigation #TorontoCivilLitigator #Legal #LegalDispute #MandinLaw #TorontoLitigator
You've likely seen headlines about high-profile battles over celebrity estates, like Prince, Aretha Franklin, and, more recently, Lisa Marie Presley. But estate litigation isn't limited to celebrities; it can happen when families navigate the complexities of settling a loved one's affairs after death. When there are challenges or disagreements regarding the contents of the will, the administration of the estate or the rightful beneficiaries, it can pave the way for complex legal disputes and, potentially, litigation. Estate litigation is an emotionally taxing ordeal for families. At Mandin Law, we understand the intricacies and sensitivities in these matters. We can empower you to make informed decisions and find the best path forward. Swipe through our carousel to learn some of the common reasons for estate litigation, and let us know your thoughts in the comments. . . . #CivilLitigation #TorontoCivilLitigator #Legal #LegalDispute #EstateLitigation #EstateBattle #Beneficiaries #Executor #WillChallenge #MandinLaw #TorontoLitigator
We get it — legal matters can be daunting, both emotionally and financially. Trials are long and litigation is expensive. You want your dollars to stretch far enough to have your day in court. Here are some tips to ensure you're as efficient and cost-effective as possible as your legal matter proceeds: 1. Efficient communication: Your lawyer charges for their time, including emails. Be savvy by batching your questions into one concise email every week or two. Know when to call or when an email will do the job. 2. Get organized: Gather all relevant documents, from emails to contracts, before you meet your lawyer. Early access to your evidence means better advice and cost-effective planning. 3. Full transparency: Remember, solicitor-client privilege is there to protect you. Share both your strengths and weaknesses, as this honesty can lead to more cost-effective case strategies. 4. Know your case: Does your case rely on documents or is it based mostly on witness accounts? The more a case relies on paper, the more technically cost-effective it can be. 5. Check your bill: Pay attention to the time you spend with your lawyer and how that is reflected on your invoice. If you have only spoken to one lawyer and six lawyers are on your bill, ask why. By empowering yourself to make informed decisions, you can reduce unnecessary expenses and navigate the legal landscape with confidence. . . . #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #LegalEmpowerment #CostEffectiveLegal #TakeControl #DemystifyLegal
Can you recognize discrimination when you experience or witness it? Discrimination involves treating someone unfairly or differently based on factors such as race, age, or disability. It’s important to recognize that discrimination can manifest in various forms, both overt and subtle. While some instances may be obvious, others can be insidious and less evident. Let's put your knowledge to the test. Which of the following scenarios constitutes discrimination under Canada's Human Rights Code? A) A bad performance review at work. B) A male colleague with less education and experience is promoted over a non-binary colleague. C) A restaurant won't let you order off the kids' menu. D) Drivers are prohibited from being licensed in Ontario until they reach the age of 16. Scroll down for the answer to find out if you got it right. . . . Keep scrolling!😊 . . . B is the correct answer because it involves discrimination based on gender identity, as a less qualified male colleague is promoted over a non-binary colleague, indicating bias related to a protected characteristic under Canada's Human Rights Code. Recognizing discrimination is the first step in addressing and combatting it. It's essential to promote equality, diversity, and inclusion to create a more just and equitable society for all. . . . #LegalEducation #HumanRightsCode #KnowYourRights #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #LegalEmpowerment #CostEffectiveLegal #TakeControl #DemystifyLegal
Do you know the difference between a plaintiff and a defendant? People sometimes confuse the terms, which is entirely understandable given the complexities of legal terminology. Here's the difference: Plaintiff: This is the party that initiates legal action. They serve notice and file suit, but that doesn't automatically make them the wronged party. For instance, an employee suing for wrongful termination becomes a plaintiff, while the employer takes on the role of the defendant. Defendant: In a civil case, this is the party responding to the legal action initiated by a plaintiff. Being a defendant does not imply wrongdoing. Remember, in the legal arena, these roles don't define right or wrong; they're about the structure of the legal process. So, whether you find yourself on the plaintiff or defendant side, it's essential to understand the dynamics at play. . . . #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation
Contracts are a part of modern life, from employment agreements that shape our careers to rental leases that define our living spaces. While it's wise to have a lawyer examine any legal contract before signing, understanding the key elements to watch for in an agreement can put you in the driver's seat, allowing you to make informed choices and, in some cases, even save on legal fees. Here are four red flags to watch for in your contract review: 1. Unclear terms: In any contract, your responsibilities and what you are receiving should be clearly spelled out. If the terms are not properly delineated, there could be room for interpretation and disputes. Pay attention to contractual provisions you don’t understand or that don’t make sense. 2. Lack of termination provisions: A contract should outline the terms around terminating the contract, including how much notice each party must give the other. If it’s an employment contract, the termination provisions must align with the Employment Standards Act and common-law rights. 3. No dispute resolution clause: Does the dispute resolution mechanism force mediation or arbitration — or do the parties go straight to court if the relationship sours? 4. Favourable jurisdiction: Which jurisdiction's laws govern the contract? Sometimes parties may include jurisdictions that are more favourable to them in the event of a dispute. If the contract is silent on jurisdiction, it should be clarified. . . . #Contract #ContractDispute #SigningContracts #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #LegalEmpowerment #CostEffectiveLegal #TakeControl #DemystifyLegal
Another troubling incident where bylaws aimed at addressing homelessness end up penalizing the individuals they're meant to help. This time, in Vancouver where a man experiencing homelessness was fined $100 under section 71(a) of city bylaws for having a shopping cart on the sidewalk in The Downtown Eastside. In a recent interview with the Brandon Sun, Stephany Mandin pointed out that “the impact of a lot of this legislation is that it ends up criminalizing those most in need.” Mandin says fines do little to address the root causes of homelessness. Instead, they exacerbate the challenges faced by vulnerable individuals. They not only perpetuate the challenges faced by those in need, but also miss the opportunity for a compassionate and constructive response. . . . #CriminalizingHomelessness #Bylaw #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation
In civil litigation matters, the odds can sometimes feel stacked against smaller parties with fewer resources. But the situation is a bit more optimistic for those in the franchise industry, as Stephany Mandin explains in her new blog that explores a notable case. The case involved a franchisee of the Wild Wing chain that walked away from a failed franchise 18 months after entering a franchise agreement with the franchisor — without receiving a full disclosure document on the business. When the franchise ran into financial trouble, the franchisees sought to rescind (cancel) the franchise agreement on the basis that the franchisor failed to deliver a full disclosure document. The Arthur Wishart Act is a statute intended to balance the franchisor and franchisee's rights, Mandin explains. The ruling highlights the importance of legal counsel for franchisors who intend to enter agreements with new franchisees or get involved with deals involving an existing franchise. Tap the link in our bio to read Stephany's blog. . . . #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation #FranchiseLaw #LegalInsights #FranchiseDisputes
Imagine you have summoned the courage to initiate a painful and complicated divorce only to realize it will be years before your case gets before a judge. How does one maintain faith in a judicial system that grinds so slowly? The Advocates' Society has sounded the alarm with a new report, Delay No Longer. The Time to Act is Now. This rallying cry urges governments to channel more resources into the civil and family justice system. It's a call to arms, not just for those within the legal realm, but for everyone invested in a fair and swift legal process. There are situations in life where we can't escape intersecting with the justice system. You might never be a plaintiff in a civil suit, but you will probably need an estate lawyer at some point. And you may need an employment lawyer or a family lawyer. Justice is a cornerstone of our functional society. Its pace must mirror the speed of progress that surrounds us. . . . #AccessToJustice #Justice #LegalAdvocacy #CourtDelays #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation
CBC News recently reported on the arrest of an Ottawa woman deemed a vexatious litigant in 2017 for repeatedly filing frivolous lawsuits against individuals and businesses. At the time, the judge said the woman used the courts to "harass her foes," and she was banned from starting any court action without receiving approval from a judge, the article states. So, what exactly is a vexatious litigant, and how does it differ from a self-represented litigant (SRL) who trips up in court? It boils down to the difference between using the law as a shield versus a sword. A procedural fumble by a self-represented litigant with a genuine legal claim is an innocent mistake stemming from their lack of legal expertise. On the other hand, a vexatious litigant deliberately tries to wield and manipulate the law to their advantage, often with frivolous or harassing lawsuits. The critical difference lies in the intent behind their actions. The takeaway? If you think you have a case or it appears uncertain, speak with a professional who can give you their legal opinion on the strength of your claim. . . . #CivilLitigation #TorontoCivilLitigator #Lawsuit #Plaintiff #Defendant #SelfRepresentation #VexatiousLitigant
Ever wonder if your work activities are being monitored? 🤔 A recent study suggests that more than one-third of Canadian employees work for a company that uses monitoring tools. Employee privacy is a high priority in the workplace, but there are limits when it comes to work devices. Here are five facts employees should be aware of: 1. Monitoring tools are common: More than one-third of Canadian employees work in companies that use monitoring tools. 2. Ontario's disclosure requirement: Recent changes in Ontario's legislation requires that employers reveal their electronic surveillance practices. 3. Your privacy matters: Regardless of being on your employer's premises or using their equipment, your right to privacy remains intact. 4. Balancing act: Striking a balance between employee privacy and an employer's need to manage work activity is a challenge organizations must navigate skillfully. 5. Empower yourself: Knowledge is your best defence when it comes to monitoring. Understanding your rights, responsibilities and the extent of monitoring can empower you to make informed decisions. . . . #Privacy #WorkplaceMonitoring #EmployeeMonitoring #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation
A Brandon, Manitoba bylaw that expands police powers to address panhandling and loitering could result in unjust targeting of unhoused individuals, according to Toronto civil litigator Stephany Mandin. In a recent interview with the Brandon Sun, Mandin says the vague definitions within the "Community Standards Bylaw" are worrying and could inadvertently criminalize the individuals it aims to help. "The intended objective is laudable, but its implication becomes more challenging in practice," she cautions. "I understand the idea of unobstructed, safe streets, but the impact of a lot of this legislation is that it ends up criminalizing those most in need." Rather than dedicating limited government resources to issuing tickets and sanctions, Mandin proposes focusing on alternative approaches that prioritize public safety without worsening the financial challenges of the most vulnerable. Tap the link in our bio to read more about Ontario panhandling laws' challenges under the Charter of Rights and Freedoms. . . . #Media #LegalNews #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm #CivilLitigation
At Mandin Law, we make it our mission to create an atmosphere of comfort and ease for our clients. We know they rely on us not only for our legal expertise but also for our empathy and understanding to guide them through their journey. These kind words from our client mean the world to us and inspire us to keep delivering exceptional service. . . . #DemystifyingLaw #TorontoCivilLitigator #CivilLitigation #ClientTestimonial #TorontoLitigator #HumanRights #LawFirm #Legal
At Mandin Law, we believe everyone should have a basic understanding of the legal system. Whether you find yourself navigating the traditional court process or involved in alternative or quasi-judicial spheres such as rental tribunals or the WSIB, there may come a time when you have to represent yourself and advocate for your rights. Being prepared and equipped with the knowledge to present your facts and evidence effectively is paramount. To help you navigate these quasi-judicial hearings, we've compiled a list of valuable tips to ensure you are well-prepared and confident in your presentation. ✅ Know your audience. The trier of facts (adjudicator or mediator) is hearing the evidence and facts of your case for the first time. Structure your presentation in a clear and organized manner, ensuring that the key points are easily understood and supported by relevant evidence. ✅ Stick to the best facts supported by documentary evidence. The adjudicator does not need to hear that the contractor spoke to you in a dismissive tone. They need to know if there was a contract and, if so, how it was breached. ✅ It's O.K. to show emotion and to be upset about being wronged or an allegation you feel does not have merit. But don't let your emotion lead. Be respectful of the process, the opposing party and the merits of your case. ✅ Watch your tone. Speak clearly, at a relaxed, conversational cadence. If you present your case effectively and are not too verbose or emotional, you provide the adjudicator with a roadmap to reach their own conclusion that supports yours. ✅ Be an active listener. What is the other side focusing on, and is that something you need to respond to in a meaningful way? What questions is the adjudicator asking the other side? . . . #Tips #Court #LegalHearing #DemystifyingLegal #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm
As we navigate through our daily lives, the influence of the law is ever-present, shaping our actions and interactions in ways we may not realize. This is especially true when it comes to our roles as social actors and legal actors, where the decisions we make in various areas of life can have significant implications depending on our awareness of legal consequences and our proactive approach to addressing them. Some individuals operate as social actors, oblivious to the legal ramifications of their actions. In contrast, legal actors understand that potential conflicts can arise and take proactive measures to protect their interests. Let's imagine a group of friends launching a food truck business. The social actor approach may involve diving headfirst into the venture, excitedly embarking on their culinary adventure without discussing ownership percentages, profit distribution or exit strategies, relying solely on their friendship and common goals. In contrast, a legal actor in the same scenario would recognize the importance of clarity and foresight. They would ensure that a comprehensive partnership agreement is in place, addressing crucial aspects such as ownership stakes, profit sharing, decision-making processes and contingencies for future scenarios. By adopting the mindset of a legal actor, we can minimize the potential for disputes and misunderstandings. . . . #LegalActor #KnowTheLaw #Legal #LegalMatters #DemystifyingLegal CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm
In the legal world, timelines hold tremendous significance. Even the strongest legal case can be derailed by missing a crucial deadline. > In a civil suit, a claim must be started within two years from the date of the associated event. > If you are a defendant being sued in Ontario, you have 20 days from the day you received your statement of claim to respond. If you do not respond, the case can proceed without further notice to you, potentially putting you at a disadvantage. Whether you are a plaintiff or defendant, it's crucial to be aware of the limitation periods and response timeframes to preserve your rights. At Mandin Law, our team is here to guide you through the intricate maze of deadlines, ensuring your case stays on track, and your rights are protected. . . . #LegalMatters #TimelinesMatter #ProceduralFairness #DefendantsRights #LawAndOrder #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm
A growing number of tenants are seeking compensation for "bad-faith" evictions in Ontario, according to a recent report by the Toronto Star. Between 2019 and 2022, the number of own-use applications by landlords in the province rose by 41 per cent, according to numbers from Tribunals Ontario, which oversees the Landlord and Tenant Board (LTB), the newspaper reports. Depending on the reasons for terminating a tenancy, the landlord must provide the proper LTB form within a specific timeframe. For example, a landlord who wants to move themselves or an immediate family member into the rental property would use an N12 Form. However, if the landlord is ending a tenancy to complete substantial renovations to the unit, they would use an N13 form. The takeaway is if you've received an official form (or an unofficial communication) indicating you are being evicted, don't accept it at face value. Unscrupulous landlords will use bogus claims to evict tenants illegally, so it's essential to get legal advice. Contact the Tenant Duty Counsel of the Ontario Landlord and Tenant Board or consult a lawyer. . . . #LandlordTenantMatters #LandlordTenantBoard #OntarioRenters #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #Renoviction
Workplace racism exists for non-White Canadians, even if some White Canadians disagree, according to York University's Black Canadian National Survey. The survey found that three-quarters of Black Canadians and 70 per cent of non-White people see racism in the workplace as a problem. But just 12% of White people think racism is a very serious problem in the workplace, and just over half – 56 per cent — say racism in the workplace is a minor problem or not one at all. We do ourselves a huge disserve when we refuse to acknowledge racism and other forms of discrimination in the workplace. Admitting it is not a proclamation that employers are racist — it is a recognition that our institutions have been built to privilege certain groups of individuals at the expense of others. . . . #Racism #RacismAtWork #Discrimination #Bias #ToxicWorkplace #EmployeeRights #HumanRights #CivilLitigator #TorontoCivilLitigator #TorontoLawyer #TorontoLitigator #Ontario #LegalHelp #TorontoLawFirm
Self-represented litigants are on the rise in Canadian courts, opting to navigate legal disputes without professional representation. While the motivation to save on legal fees is understandable, it's essential to be aware of the challenges that come with self-representation. According to a study conducted by the National Self-Represented Litigants Project (NSRLP), the statistics paint a concerning picture. Among self-represented litigants, a staggering 73 per cent failed at trial when facing opponents who had the support of legal representation. One significant hurdle faced by self-represented litigants is the lack of procedural knowledge. As a non-lawyer in the courtroom, understanding the intricacies of civil procedure, rules of evidence and making effective objections can be daunting. These elements are fundamental to maintaining procedural fairness during the proceedings. While solid facts and evidence are crucial, it is not enough to guarantee success. Effectively navigating the legal process is equally important. Merely presenting compelling arguments may not suffice if you are not well-versed in the rules and procedures governing the court. Given these challenges, seeking professional guidance becomes paramount. And remember, it’s not all or nothing when it comes to legal advice. You can always consult with a lawyer on specific aspects of your case. A skilled lawyer can help you understand your rights and equip you with the tools to present your case effectively. . . . #TorontoCivilLitigator #CivilLitigation #Lawsuit #LawFirmInsights #SelfRepresentation #LegalChallenges #KnowYourRights
If you filed a lawsuit or have been served, it’s on, legally speaking. Until this point, threats or demand letters may have been exchanged, but the real action begins with a lawsuit. Here is a quick guide for what to expect at each stage of the process as a lawsuit makes its (long and winding) way through the legal system: 1️⃣ Pleadings: The first step is the exchange of written pleadings, where both parties present their positions and outline the important facts they rely on. 2️⃣ Documentary and oral discovery: Parties disclose all relevant documents and each side examines a representative of the opposing party. Both sides test their theory of the case and reveal the evidence to be relied on. 3️⃣ Mediation: In Ontario, most cases proceed to mediation, where the parties have the opportunity to seek a confidential settlement and resolve the matter. 4️⃣ Pre-trial: An attempt to reduce the issues in dispute or explore settlement possibilities before heading to court. If not resolved, set the parameters for the trial. 5️⃣ Trial: This is the ultimate test of the strength of each side’s case. Present your facts, evidence and witnesses. The judge will decide the merits of your case. Remember, every case is unique. Consult a legal professional for personalized guidance on your matter. . . . #Lawsuit #LegalEducation #CivilLitigator #TorontoLawyer #TorontoCivilLitigator #CivilLitigation #OntarioLawyer
The common law duty of fairness is a fundamental principle that governs the actions of administrative bodies or tribunals. It is an obligation to act fairly and impartially when making decisions that affect individuals' rights, interests or privileges. Under the duty of fairness, administrative bodies must provide individuals with a reasonable opportunity to present their case, access relevant information and respond to adverse evidence or arguments. The duty includes elements such as: - providing notice of proceedings - disclosing relevant evidence - allowing for representation - rendering decisions based on evidence and reasons. For example, a licensing board conducting a hearing for a professional accused of misconduct must provide the individual with the following: - notice of the allegations - an opportunity to present their case and - access to relevant evidence and witnesses. Did you find this interesting? Would you like to see more legal education from us? Let us know in the comments. . . . #CivilLitigator #Fairness #Justice #CommonLaw #Evidence #AdministrativeLaw #TorontoLawyer #TorontoCivilLitigator #CivilLitigation
When you’re in the middle of a legal battle, it can feel like the weight of the world is on your shoulders, and every decision carries a heavy burden. At Mandin Law, we make it our mission to not only provide top-notch legal services, but also to offer our clients a warm and supportive environment where they can feel seen and understood. It is an honour to be able to serve our clients during what can be one of the most difficult times of their lives. We are grateful for the trust our clients place in us, and we will continue to work hard to earn that trust every day. . . . #ClientTestimonial #ClientLove #LawyerLife #Legal #TorontoCivilLitigator #TorontoLawyer
Winning in court is a major achievement, but collecting on a judgment is often an uphill battle. Imagine you’ve won your case, and the judge has ordered the opposing side to pay you $14,000 in damages. Great news, right? But what if they don’t pay up voluntarily? That’s where enforcing a judgment comes in. Enforcing a judgment means taking legal action to get what you’re owed, which can involve a variety of tactics such as garnishing wages, seizing assets or placing liens on the property. It’s a complex and often time-consuming process, but it’s essential to collect the money you’re owed. If you’ve won a judgment and need help enforcing it, reach out. We’re experienced litigators who can help you navigate the legal system and recover what you’re owed. . . . #CivilLitigation #Litigation #TorontoCivilLitigator #Lawsuit #Judgement #Collection #TorontoLawyer #TorontoLitigator #Ontario
If you have ever purchased a home, you’re probably heard the term “lien search,” but what exactly is a lien, and why is it important? A construction lien is a legal claim that gives contractors and subcontractors the right to obtain payment for the improvements made or materials supplied on a construction project by registering a title on the property. It’s similar to a bank being registered on title of a mortgage. Time is of the essence with construction liens. There are stringent timelines under the Construction Act, and if you miss a deadline, you may lose your right to maintain the lien claim and recover any payments owing. If you’re a contractor or subcontractor looking for legal advice on a debt collection matter, visit our website to schedule a consultation. We would be happy to help. . . . #Lien #ConstructionLien #TorontoLawyer #TorontoCivilLitigator #DebtCollection #Subcontractor #Contractor
We recently read a report by CBC News about temporary foreign workers filing a human rights complaint against a Manitoba trucking company, alleging bullying, long hours and unsafe driving conditions. As a human rights lawyer, I want to remind workers who are facing bullying or harassment in the workplace that you have rights. In Ontario and Canada, there are laws to protect employees from harassment and discrimination. Don't suffer in silence, know your rights and seek help if you need it. Everyone deserves a safe and respectful workplace. . . . #HumanRights #WorkplaceBullying #TorontoCivilLitigator #ToronoLawyer #Discrimination #Harassment #Bullying
Are you gearing up for a legal battle? As a client, you have the power to advocate for yourself and make your case stronger from the outset. One of the best ways to do this is to prepare key documents and pieces of information that your lawyer will need. Remember, paper is king. To avoid a credibility risk, make sure you have all the necessary documents for your case. For instance, if you are involved in an employment dispute, you should have a copy of your employment contract and termination letter. Stick to the facts and present a clear and concise case. But beware, there is no such thing as a slam dunk in litigation. Even if you think you have a strong case, there are many variables at play, including oral evidence and the judge's interpretation of the law. That's why it's important to set reasonable expectations from the beginning. Remember to choose a lawyer who is honest with you about the potential risks and outcomes of your case. With proper preparation and a realistic mindset, you can increase your chances of success and come out ahead in your legal battle. Tap the 🔗 in our bio to reach our website for more information. . . . #LegalPreparation #TorontoCivilLitigator #TorontoLawyer #CivilLitigation #EmploymentDispute #LitigationRisks #ChooseTheRightLawyer