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We are firm, fearless and cost-effective litigators that resolve business disputes so that you can avoid the distractions of litigation. We negotiate to protect your interests and when it makes sense, commence legal action to settle any issue that negotiations cannot. Our litigation practices are divided into two main groups:
Contractual, Partnership and Shareholder disputes, which includes enforcement, interpretation and breach of contract claims, negligence actions and civil fraud.
Employment and Human Rights Litigation
We represent non-unionized employees. Union employees are to make claims to their appropriate Union body. Our services include advice on:
We represent both employers and employees in relation to the commencement and termination of employment relationships, as well as the rights and obligations during when such employer-employee relationship exists.
As everyone we believe everyone is entitled to justice, our employment litigation practice represents victims in Human Rights violations involving age discrimination, gender-based discrimination and discrimination on the grounds of race, religion or disability.
The Litigation Process is commenced with a statement of claim, which contains a concise statement of material facts which the Plaintiff relies. The defendant prepares a statement of defense and may cross claim against a co-defendant or make a third-party claim against a non-party. Should the defendant fail to deliver a statement of defense within the prescribed time, the plaintiff may obtain a default judgement.
The parties then go through the discovery process, where each side is given the opportunity to obtain evidence. This includes an affidavit that lists all the relevant documentation in the party’s power, possession or control as well as the opportunity to ask questions under oath in advance of the trail.
The action is then set down for trial by serving and filing the trial record, including a copy of all the pleadings and court orders relating to the trial.
Finally, before a formal trial takes place, a pre-trial conference takes place before a judge or court officer to attempt to settle the case or narrow the issues.
At trial, each party make opening statements, witnesses are examined and cross-examined, and then the parties make closing arguments. A judge may hand down a judgement right after both sides have finished presenting their cases or as is often the case, judges give their judgements some after the trail is concluded.
Litigation is time consuming and expensive, as well as emotionally draining. We advise on causes of action and have candid discussions with our clients about the advantages and disadvantages involved in commencing litigation, based on the merits of each case.
Contact Charney Legal to discuss your case and obtain legal advice relevant to you.
The general information on this page is not applicable to any specific case and is intended for information purposes only. It is not a substitute for legal advice and may not be relied on as such. Readers are expressly advised to consult with a qualified lawyer for advice regarding their specific circumstances and entitlements under Ontario law.