Delta Law | Civil Litigation

Intent to Defend

In Ontario, when you are served with a Statement of Claim, it is crucial to take prompt action to protect your rights and respond to the allegations. One of the first steps in the legal process is filing an Intent to Defend, which indicates your intention to contest the claims made against you. Understanding the purpose of the Intent to Defend, its benefits, the relationship with the Statement of Defence and Statement of Claim, and the valuable role a lawyer can play is essential.

Statement of Defence

In legal proceedings, the Statement of Defence plays a crucial role in responding to allegations outlined in the Statement of Claim. It allows defendants to present their position and defenses in a clear and comprehensive manner. Understanding the nature of a Statement of Defence, the associated timelines, and the potential challenges of self-drafting is vital.

Statement of Claim

When initiating a legal action in Ontario, filing a Statement of Claim is a critical step. This document sets out the details of your legal case and outlines the allegations against the opposing party. While it's possible to draft a Statement of Claim independently, it's important to comprehend its components, consider the potential pitfalls of self-drafting, and recognize the advantages of seeking professional legal assistance.

Breach of Contract

A breach of contract in Ontario occurs when one party to a contract fails to fulfill their obligations under the contract without a lawful excuse.

Misrepresentation

Misrepresentation in Ontario refers to a situation where one party to a contract makes a false statement or omits a material fact that induces the other party to enter into the contract.

Commercial Lease Dispute

A commercial lease dispute in Ontario refers to a disagreement between a landlord and tenant over the terms and conditions of a commercial lease agreement. This can include disputes over rent payments, maintenance and repair obligations, lease renewal options, and other contractual obligations.

Cease and Desist

A cease and desist letter is a legal document that demands that an individual or entity stop a specific action that is deemed to be illegal, harmful, or in violation of the rights of the sender.

Demand Letter

A demand letter is a written document that formally requests a person or entity to take a specific action or to cease certain behavior. It is often used as a pre-litigation tool to resolve a dispute or to seek compensation for damages without the need for legal action.

Civil Litigation

Civil litigation is the process of resolving disputes between individuals, businesses, or other organizations through the court system in Ontario. It typically involves a plaintiff (the person bringing the lawsuit) who seeks compensation or some other form of legal remedy from a defendant (the person being sued).

In Ontario, civil litigation cases are heard in the Superior Court of Justice or the Small Claims Court, depending on the amount of money being claimed. Small claims court handles cases up to $35,000, while the Superior Court of Justice handles cases with higher amounts.

Civil litigation can involve a wide range of disputes, including:

Breach of contract: When one party fails to fulfill their obligations under a contract, the other party can file a lawsuit to seek damages or specific performance.
Personal injury: If someone is injured due to the negligence of another party, they can file a lawsuit to seek compensation for their medical expenses, lost wages, and other damages.
Employment disputes: When there is a disagreement between an employer and an employee over issues such as wrongful termination, harassment, or discrimination, a lawsuit can be filed to seek damages or reinstatement.
Property disputes: When there is a disagreement over property ownership or use, a lawsuit can be filed to seek resolution.