I Am Being Sued – Can You Help Defend Me?

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Should I Sue in Small Claims Court? Something happens. You are fired from your job, purchase a car from somebody that did not actually own it or loan a friend some money they did not repay. Your first thought is to file a small claims suit against the person you feel owes you money. Do I Have A Case (for Small Claims Court)? As paralegals, we litigate a lot in small claims court. Small claims court can deal with many, but not all, claims under $35,000.00. Many times, another body, such as the Landlord and Tenant Board or License Appeals Tribunal have the jurisdiction to deal with your claim. In many cases, these other forums must be the place you file your claim and not small claims court. Paralegals can litigate in these other forums and we can tell you if the small claims court does not have the jurisdiction to help you. Most important, note that many types of actions cannot be decided in small claims court, even those that are not otherwise in the jurisdiction of a tribunal. Some examples of cases are listed below: If You Want to Force a Party to Do or NOT to do Something You cannot take somebody to small claims court to seek what is known as injunctive relief. If you want to do this, you generally need to file what is known as an APPLICATION to the Superior Court of Justice. Paralegals do not get involved in these kinds of cases. For example, if you want somebody to amend or take down a website, sell their condominium or force a company to re-issue shares to an aggrieved shareholder, these are heard in Superior Court. Small claims court, however, can order under limited circumstances something called a Writ of Delivery. This is usually an order for the return of a specific object, such as a motor vehicle, a musical instrument or even a family pet. If the Basis of Your Claim is to Order Specific Performance This court cannot order specific performance of a third party. Apart from enforcing a settlement agreement that came out of small claims (or a related forum that is enforceable in small claims court), this is not possible. However, you can seek damages for breach of contract on many grounds (unjust enrichment, breach of contract, interference with contractual relations). But, a small claims court will not order your employer to give you your job back, nor will they order the company next door to stop polluting your backyard. Issues That Fall Under Other Statutes with Legislated Jurisdiction You might be contesting something under the purview of the Family Law Act or disputing the essence of an estate. This is also done in the Superior Court or Ontario Court of Justice (Family Division). The small claims court will not give you your children back. This court will not resolve issues of equalization between you and a former spouse. You cannot get appointed to be an administrator of an estate, or set aside a will to dispute its meaning. However, if a will clearly states that you are entitled to monies under $35,000, you can sue the estate trustee for this money if it is not distributed in accordance to the will. Construction Liens Construction liens up until recently were strictly under the jurisdiction of the Superior Court. However, this is changing by way of the new Construction Act, where small claims court can be the forum to file such liens of value of $35,000 or under in jurisdiction. This is an evolving process , whereby a dispute resolution process is expected to be fully in place by October 2019. This list of exceptions is not exclusive. Contact our office today to see if your case fits the small claims court or another tribunal where we practice. I Have a Claim Under $35,000. Should I Sue? When we determine if we will take on a file, we consider a number of elements in your claim. First, do you have or can you easily obtain sufficient evidence to bring forward your claim? Such evidence would include a contract, witnesses, invoices, audio or video recordings, and photographs, among other things. Second, can you directly connect the party you wish to sue as being liable? Sometimes the answer is easy. The party is a former tenant, a person to whom you loaned money, a former employer or a municipality. Other times, it might not be as easily, particularly when a third party caused the party you believe is liable to commit the act. Third, can you easily find the person you wish to take to court? This involves knowing the proper name, spelling, last known address, possible occupation, among other things. Our office can assist you in finding the person to some extent, but there are other factors you need to consider. Does this person have any assets or sufficient income to cover the claim? The person may own their own house, but may have several creditors ahead of you in line if you were to win your case. They may drive a late-model vehicle, but they may be leasing it. Is your party working? Do you know if they earn sufficient income to cover your claim, even if you win? Is your party possibly bankrupt or involved in a consumer proposal? This information can be determined through our office to help you determine if it is worth your money and time. Does My Claim Have Merit? This is something that needs to be determined. This depends on the type of case you have, what evidence and if any limitation periods apply. In general, civil suits have a two-year limitation period, but this can differ in some cases. Often, the answer to whether your case has merit can be determined right away. As experienced litigation paralegals, we have seen many different types of cases over the years and know how the courts will see them. When faced with an unusual situation, we conduct case law research to determine if our arguments would be on point. It is important to go to court with a case that has strong merits. Some people have come to our office to ask us to sue just to force the other party to back down on something. Or they want to sue for the principle. As we have been in court many times, we know that courts penalize parties that bring frivolous, vexatious and meritless claims. Even a case with good merits can be brought forward and lost, mainly because of the credibility of witnesses, quality of evidence and so forth. Even if you believe the other party might get intimidated by your lawsuit, many will seek the advice of counsel and call your bluff. My Case Has Merit, and I Want to Proceed. Now What? If you wish to proceed with a meritorious claim, Invictus Legal LLP can assist you in many ways. If money is an issue, we can complete what is known as a limited-scope retainer. That means you might want us to act on the part of your action, but not all of it. We can draft your Plaintiff’s Claim, attend a settlement conference with you if you are already in court, or we can help you negotiate a settlement. The costs of full representation will also be discussed with you, as payment plans are available if required.

Maybe you are experiencing something at work or in your workplace that is bothering you. Lets let’s review what workplace harassment is.

ODSP is a program of the Ontario government to financially support persons that, due to a disability, cannot work or earn enough to support themselves.

What is Canada Pension Plan – Disability? If you have worked for some time, it is likely that you have contributed through your employer or at year end tax time to CPP. For most of us, this is supposed to help us with our retirement. However, CPP also offers a program for people who become “severely disabled” before they retire. This program is only for those who have contributed enough over the years (and there are specific rules for how these years are counted and how “drop out” periods are dealt with, such as years you might have spent at home raising children). The amount received is tied to how much has been paid into the program by the person making the application. To qualify, your mental or physical disability has to be “severe” and “prolonged”, which means it is more difficult to get accepted for CPP-D than it might be for some other benefits, such as ODSP. For CPP-D, you can receive full benefits, regardless of how much money you have or assets. However, your payments are limited by your contributions by law, and it does not include benefits, such as drug coverage, glasses and dental care. You can also live anywhere in Canada with CPP-D benefits (sometimes even other countries). However, “severe” means that your disability prevents you from regularly working in ANY remunerative employment, regardless of what type of job it might be. If you worked in a white collar job, and now with your disability you are only able to do a part-time light housekeeping job, you still won’t qualify. While your age, education, and certain other factors do count, they do not outweigh the medical evidence you have for your disability. “Prolongued” means that your disability is long continuing (likely permanent or long standing) or will likely result in your death (e.g. terminal cancer). How Do I Apply for CPP-D Benefits? You can call the Toll Free number on the Service Canada site or you can obtain an application from any Service Canada location. You must be able to verify your identity, etc. with certain documentary requirements. With your SIN number, Service Canada can track down your contributions to determine that you have paid enough into the system to be able to make a claim. Once that is determined, the CPP-D Application is divided into two parts: one for you to fill out, and the other for your doctor to fill out. With your application, you should attach as many medical records as you have that help point to the severity of your condition and your inability to work. You must also show how you have tried to continue to work or to find other work that is “lighter duty”. After your package is completed, send it to your nearest regional office (listed in the CPP-D package) and wait. What happens if I am turned down for CPP-D Benefits? Your first denial will come from Service Canada. You need to reply within a certain time frame by sending any new medical information and arguments as to why you should qualify by a certain date to their Reconsideration Unit. This is where another reviewer will take a look at your file and with new evidence, determine if they will uphold the original decision or change it. If you are denied CPP-D Benefits again, your appeal is to the Social Security Tribunal’s General Division. This is where you fill out a completely different form and start your appeal at the Tribunal level. Again, the Tribunal is an independent body that includes adjudicators that are not part of Service Canada that made the original decision, and these people are trained in the law that applies to CPP and other federal benefits. At this point, you should get legal representation as it can be tough to argue your own inability to work as this has to be shown objectively, and meet the definition in the law. There are different ways the Social Security Tribunal holds its hearings: videoconferencing, in-person or by telephone. Your best bet is to have an in-person hearing or one by videoconference, where the adjudicator holding the hearing and you can see and speak to one another in real time. This way, the adjudicator will be able to observe you, particularly if your disability affects your appearance, the way you walk or your need for assistive devices. Once this hearing is over, its decision will be mailed to you and your legal representative. If you are turned down again, your next option is the Social Security Tribunal Appeals Division, which is usually handled in writing and if they find in your favour, they may order a new hearing or just change the decision to deny you benefits. Hearings before the SST should be attended with a legal representative to improve your chances of getting accepted. Invictus Legal LLP has competent legal representation available for prospective appellants for CPP-D. We have been handling this for almost twenty years.