When Fighting Becomes Necessary
Results are the Focus
Sometimes, commencing litigation against another person may be your only option; in other instances, you don’t start the fight, rather the fight is swiftly brought to you. How do you navigate? What are you looking to accomplish in the grand scheme of things? How do you fight this fight? Litigation is extremely complex and, largely due to these complexities, the costs of waging a court battle can be astronomical and, oftentimes, financially catastrophic. We take on a certain types of litigation simply because we like what we do. But there’s a lot more to it than that. Our singular directive is to obtain results for our clients. But we’re also selective in the cases we take on because we don’t just advocate for you. We view our representation of you in the context of a team doing team work – we’re in a partnership; we’re a team working together to achieve a specific result.
Assess Our Goals
And How We Navigate to Our Destination
Your ultimate objectives are important to us and it’s of paramount importance (to both of us) to assess how we are going to reach that final destination together on what will – inevitably – be a twisted road and a turbulent ride. But litigation is a situation of last resort or one that you’ve been forced into. That’s how life works sometimes. And just like any other difficult or complicated life event, it requires planning and work to obtain the desired outcome.
We are completely transparent about our fees and, for a lot of our Litigation practice, we prefer to discuss your budget to ensure that we are on the same page from the beginning. We also provide you with various payment options, including hourly fees and fixed-fee payment structures, including a combination of fixed-fee and other alternative fee arrangements.
Your Starting Point
We provide different litigation services besides representing clients in specific civil litigation matters. We will also represent you in specialized appeals called Judicial Review Applications and we will represent you in formal or informal attempts to mediate or resolve your civil case, whether it’s part of our litigation retainer or whether you want to retain us on a limited-scope basis simply to try to resolve your dispute with the other side. Get in touch with us and let’s discuss what you need.
You Have Questions. We Have Answers.
Frequently Asked Questions
We are strong believers in access to justice and there are certain situations where we’ll take on impecunious clients (for civil litigation matters) at an hourly rate of $150/hr. This does not include any court attendance rates, which will be higher. If you are experiencing financial problems and would like to retain us for a civil litigation matter, please contact us or complete the Consultation Intake Form and let’s discuss things.
A Judicial Review Application may be the way in which you have to proceed (we would have to assess your unique case). The deadline to commence an application can vary based on the court that has jurisdiction to hear the application, based on the enabling statute that may set out a limitation period, based on the court’s discretion, etc. A discussion of timing is likely one of the first things that’ll be on our agenda, whether you ultimately retain us or not. Please contact us or complete the Consultation Intake Form and let’s discuss.
Certain actions by the tribunal in question may give rise to a civil litigation proceeding, including a tort claim for misfeasance of public office, damages for negligent performance of operational duties of servants, a breach of contract claim, a claim for certain losses related to the tribunal’s order, etc. But these are separate issues from seeking a review of the tribunal’s decision. Please contact us or complete the Consultation Intake Form and let’s discuss things.
This is something that we can help you with through a limited-scope retainer where we represent you for a very specific purpose (i.e. attempting to resolve the matter). Informal resolution of matters happen all the time, but there are various background questions that we have to ask you. Sometimes a matter is so informal that a formal proceeding hasn’t yet been commenced. Sometimes it’s informal in the sense that, although a formal court proceeding has been initiated, mediation isn’t a required step or hasn’t been contemplated yet. These are important stages that have to be considered. Please contact us or complete the Consultation Intake Form and let’s discuss where you’re at and how we can help.
There are different mechanisms that parties can use to try to resolve their differences without litigation, including mediation, negotiation, or arbitration. Selecting the appropriate mechanism is just as important as selecting the right person to represent your interests. Check out the ADR Institute of Ontario’s page outlining these different mechanisms of dispute resolution (https://adr-ontario.ca/for-the-public/what-is-adr/). Contact us or complete the Consultation Intake Form and let’s discuss how we can assist you with your unique matter.