We offer free consultations to clients seeking advice and representation on a variety of matters:
Litigation is an overwhelming proposition because going to court is often time-consuming and expensive. If you are facing a legal dispute, knowing how best to approach the matter is key to keeping the process as efficient and cost-effective as possible.
A lawyer with in-depth experience in this area will provide a client with an honest assessment of their case and advise on the best path forward for success.
We are intricately familiar with the litigation system in Ontario as well as the available alternative methods of dispute resolution. Our astute and experienced litigation lawyers provide each client with informed and experienced advice and use their excellent negotiation and advocacy skills to resolve matters quickly, saving clients time and money.
Our team of litigation lawyers have a singular collective goal: to find a successful and efficient resolution for each and every client. In order to do this, we look for creative ways to resolve a dispute.
We pride ourselves on constantly finding innovative ways to approach the law to the benefit of our clients, no matter the issue.
Contractual language can be complex, often involving a major amount of legalese beyond the comprehension of anyone who didn’t attend law school.
Before starting expensive and time-consuming litigation to enforce or defend against the terms of a contract, it is essential to have a skilled contract lawyer review the agreement and properly advise you of your rights and responsibilities.
The litigation team at Prudent Law has extensive experience representing clients in all types of contract disputes, both in court and in alternative dispute resolution methods including mediation and arbitration. We will review the terms of your contract in detail and advise you with respect to the best path forward in terms of relief. From there, we will work diligently to enforce your rights under the contract.
The relationships between shareholders are essential to a healthy business operation, and when disputes arise, they can permeate the businesses and affect the bottom line.
It is key to address disputes between shareholders quickly and effectively and to seek the assistance of a lawyer who will prioritize meaningful resolution so the parties can return to focusing on the business as soon as possible.
The litigation team at Prudent Law has considerable knowledge of the inner workings of companies both large and small and understands the need to find a resolution quickly when a dispute arises between shareholders.
We will work to manage the situation and guide clients towards the best method for resolving the matter economically and efficiently, whether that is via negotiation, alternative dispute resolution methods or litigation in court.
Wills and estates are a hotbed of litigation, especially if an estate was poorly planned or not planned at all. In addition, emotions are often running high, as several key players, including the Estate Trustees and beneficiaries, are dealing with the loss of a loved one.
The potential for disagreement exists on many fronts, including the validity of the Will itself, the conduct of the Estate Trustees during probate, and the interpretation of the deceased’s wishes. Particularly in estates involving complex issues such as the division of a business, high-value assets, or trusts, disputes can arise in a number of ways.
In order to resolve matters quickly so the estate can be distributed and settled, it is important to secure the advice of a skilled lawyer.
The litigation lawyers at Prudent Law have represented numerous clients in all types of estate litigation matters. We are skilled at advising clients as to the best path forward for resolution while keeping an eye to efficiency in an effort to keep costs down. We understand that emotions are a particular consideration in estate matters, and we will work to reduce our clients’ stress in every way possible.
For a business to run effectively and remain prosperous, it is important that all accounts owing to the business are paid in a timely matter. Outstanding debts can have a trickle-down effect on a business’s operations, interfering with payroll, lease or mortgage payments, or the payment of vendors.
Before outstanding debts can have a detrimental effect, it is important to seek representation by a firm with experience in debt collection actions.
At Prudent Law, our litigation lawyers understand the importance of quick action in debt collection matters and will work to enforce your rights and collect your money effectively and efficiently. We are experienced arguing cases before all levels of court in Ontario, and also regularly represent clients in various methods of alternative dispute resolution. We will provide a detailed assessment of your case and advise on the best way to move forward in your circumstance.
The purchase and sale of real property involve significant sums of money, and these transactions often represent the biggest expense for any individual, family or business.
While the vast majority of transactions close without issue, occasionally one party may fail to close a purchase or sale as set out in the Agreement of Purchase and Sale, causing massive expense and frustration for the other party.
Other property disputes can also arise involving leased property, zoning matters, liens or other encumbrances. When your largest asset is at stake, it is crucial to secure the advice of a lawyer with a deep understanding of the complexities of Ontario real estate law.
We represent clients on a wide array of issues, from purchases and sales to negotiation and litigation if necessary. Our lawyers will review your matter with you to ensure you’re aware of your rights and obligations, and we will represent your interests in any real estate dispute you may find yourself in.
Breach of contract occurs when one or more parties to a contract are unable or unwilling to fulfill their obligations under the contract. Anticipatory breach of contract occurs when a party indicates they will not be able to, or are unwilling to, fulfill their contractual duty in the future.
There are different remedies for breach or anticipatory breach of contract and the appropriateness of each may depend on several factors, including the timing of the breach, the type of contract, and the relationship between the parties.
Due to the economic hardships felt in various industries across Canada and globally due to COVID-19, it is expected that breach of contract actions will soon be on the rise. In some cases, litigation has already begun in this area.
In defending against a breach of contract action, many parties are expected to raise the defense of a force majeure clause, where applicable, or the common law doctrine of frustration of contract.
Both occur when circumstances that were unforeseen and out of the control all parties occur which make it impossible to fulfill some or all responsibilities set out in the contract. Force majeure is limited, however, to contracts where such a clause exists, whereas frustration of contract may be argued in any contract dispute.
Shareholders are generally parties to a Shareholder Agreement, which may contain a clause addressing the protocol to be observed should a dispute arise. Often, the chosen method will be arbitration, as this allows for an efficient and private resolution of a matter that is binding on all parties.
Whereas litigation is generally open to the public, as are any orders from the court, arbitration is held behind closed doors, enabling the parties to keep internal business matters out of the public eye. Arbitration clauses are treated with deference by Ontario courts, and if one is in place, it is unlikely a party will be permitted to bring an action in court under the Agreement.
Whether enforcing accounts payable, looking to collect money owing under a contract or realizing on a security, time is of the essence. It is important to act quickly to prevent the debtor from disposing of assets that could be applied toward their outstanding debt. Some of the common remedies we seek on behalf of clients to secure their interests in a debt collection action include:
Injunctive Relief: Where there is concern that a debtor will dispose of or transfer liquid assets to avoid a judgment, we will seek an injunction (known as a Mareva injunction) to freeze their assets and prevent the debtor from dispensing of any assets until the matter has been determined by a judge.
Norwich Order: In cases where the debtor’s assets are unknown, we can request a Norwich Order, which enables the creditor to obtain information from third parties, such as a bank, regarding the debtor’s finances and assets.
Certificate of Pending Litigation: In cases where the debtor owns real property and there is concern they might attempt to dispose of it or transfer the title before a court makes a determination with respect to the case, we can have a Certificate of Pending Litigation (CPL) placed on the property’s title. This will prevent the debtor from transferring the property until the CPL is removed, pending a final order by the court.
The lawyers at Prudent Law are trusted advocates in any type of civil litigation. We provide practical advice and passionate representation in both litigation and alternative dispute resolution options.
If you are facing a legal dispute and you’d like to discuss it with one of our experienced litigation lawyers, please call us at 905-361-9789 or contact us online.
