Civil and Commercial litigation has always been at the core of Chand & Co.'s practice. We have experience representing clients in a diverse range of business disputes. No matter the circumstances, our litigation lawyers possess the skills and expertise to achieve the best possible outcome for your business. Unlike other firms, we limit our engagements to a selective client base. This enables us to be extremely attentive to our clients’ needs and to personalize our interactions. We provide you with smart and clear advice from seasoned litigators to resolve your business disputes. We have the industry knowledge and skills to solve your litigation matter with the least cost and distraction to you. We are trial lawyers and problem solvers. Let us put our experience to work for you. The lawyers at Chand & Co. have extensive experience conducting commercial arbitrations for businesses and individuals
civil and commercial
professional regulation and
Breach of contract
Condominium Litigation Law
and administrative law
Toronto Civil and Commercial
Business disputes can be stressful and costly so getting the right advice is essential. At Chand & Co. we offer a formidable team of lawyers with expertise in high-value, high-stakes litigation. We are tenacious, creative and pragmatic, working to protect and advance your interests while attaining the outcome you require even in the most demanding, complex cases. Whether you are a plaintiff or a defendant, we are able to anticipate your needs and will work tirelessly to meet or exceed your expectations. We understand the importance of your bottom line so we will diligently advocate to get you the most cost-effective settlement possible. Our experience as litigators allows us to forecast how a case will end up if it goes to court and, in many cases, arbitration might offer the most expedient and prudent path to a resolution. However, we do some of our finest work at trial so when the need arises, we are ready to fight on your behalf. At Chand & Co., you can be confident that we will do our utmost to protect your interests.
Ideally, contracts are designed to serve the best interest of all parties involved but they are not all created equally. Agreements are not always clear and the terms can be complicated, which is why knowledgeable counsel is essential to ensure your rights are protected.
Toronto Commercial Lease Dispute Lawyer
Our commercial lease dispute lawyers at Chand & Co. provides a diversity of experience to guide you through the process. We can review your lease to identify the applicable legal issue to help you develop a sound strategy to resolve your issue, which may include alternative dispute resolution. Remember, we are at your side, ready to litigate on your behalf.
Toronto Condominium Litigation Lawyer
At Chand & Co., we have gained insight from experience and we can cut through the complex issues, whether at the development phase or the ownership stage. We will work tirelessly to find the most appropriate and cost-effective solution.
Toronto Public & Administrative
Our public and administrative law practice deals with representing clients before administrative tribunals and guiding our clients through investigations initiated by the government and regulators.
From the boardroom to the courtroom, from administrative and regulatory tribunals to the Superior Court,
our clients trust us to navigate complex litigation and deliver results.
Our clients entrust us with their most complex legal disputes, when the stakes are at their highest and the outcome of vital importance. We treat our client’s needs as if they are were our own and stand beside our clients in their time of need.
When you hire our team, you’ll be choosing an accomplished and respected litigation firm with a proven track record of success and your best interests in mind. We pride ourselves on delivering unparalleled legal representation and professional excellence to our clients.
We take pride on providing exceptional personal and professional representation. We are available around the clock to protect, defend and advance your interests.
OUR UNIQUE SERVICE THAT HAS EARNED US OUR REPUTATION AND THE TRUST AND CONFIDENCE OF OUR CLIENTS.
Stages Of a Civil Lawsuit
In the Ontario Superior Court of Justice
1. Commencing a Claim
If a person wishes to sue for $25,000.00 or less, than the proper place to start an action is in the Ontario Small Claims Court. For claims that are over $25,000.00, the claim must be commenced in the Ontario Superior Court of Justice. The information described in this document is for actions started in the Superior Court of Justice and for claims that are over $25,000.00 threshold.
The plaintiff is the party that is suing another person or business. In order to commence a lawsuit in Ontario, the plaintiff must prepare a statement of claim detailing the amount they are suing for along with a concise statement of material facts they intend to rely on in court. Once the statement of claim is prepared and the required filing fee is paid to the Minister of Finance, the court will have the statement of claim issued.
If the claim amount is for $100,000.00 or less, the claim is commenced under Rule 76 of the Rules of Civil Procedure, this process is known as simplified procedure. If the claim is over $100,000.00, then it would need to be started under the ordinary rules. There are situations where the parties can agree to use the simplified procedure for claims that are over $100,000.00.
Once the statement of claim is issued with the court, the plaintiff must serve the claim on all of the named defendants and file an affidavit of service with the court.
2. Defending a Claim
If the defendant intends to defend an action that has been commenced against them, they must prepare a statement of defence and have it served on the plaintiff and all other parties in accordance with the Rules of Civil Procedure. A filing fee is required, and the defendant will have to prepare an affidavit of service indicating that the defence has been served on the other parties.
At this stage, the defendant may also commence a counterclaim against the plaintiff, a cross-claim against a co-defendant, or make a 3rd party claim against another party not yet named in the litigation.
If the defendant does not defend the action within the 20-days of being served with the statement of claim, the plaintiff may have the defendant noted in default for failing to file a defence within the prescribed time according to the Rules of Civil Procedure. Once a party has been noted in default, they are no longer permitted to file a defence without first obtaining the consent of the plaintiff or by bringing a motion for an order allowing them to file a defence. They are also deemed to have admitted all of the allegations contained in the statement of claim, leaving the plaintiff free to seek default judgment against them.
3. Discovery Stage
If you wish to obtain evidence using discovery, the parties will have to agree on a discovery plan. This stage allows for the exchange of evidence through the discovery process. As of January 1, 2010, the parties are required to agree on a discovery plan within 60-days after the close of pleadings and prior to any other attempts to obtain evidence.
An affidavit of documents must be served on all of the other parties involved in an action and will list all of the documents a party has in its possession or control. Either party may serve a notice of examination on an opposing party that will indicate the time and place where they must attend to answer questions under oath. These examinations are recorded and transcribed. This transcript can later be used at a trial to challenge the evidence that is being given. The maximum time limit to examine another party is 7 hours. This time limit applies regardless of the number of persons to be examined.
At the examination date, you must bring with you all of the documents that have been listed in your affidavit of documents that are not privileged.
Mediation allow for the parties to settle a lawsuit outside of the courts. A key distinction between a mediator and a judge is that a mediator does not decide cases or impose settlements on the parties. Mediation can often save the parties both time and money.
Under rule 24.1, if a civil action has been started in Toronto, Ottawa or Windsor, the parties are subject to mandatory mediation. This takes place 180 days after the first defence has been filed and the location is usually one that is convenient and acceptable to the parties. Prior to conducting a mediation, each party will create a mediation brief, and have it served on the other parties as well as the mediator.
The mediation brief will detail the legal issues in dispute and will give an opportunity for the parties to elaborate on their positions. A mediator serves as a neutral party whose primary goal is to support active dialogue and help the parties resolve their issues. All discussions in a mediation are kept confidential, including any settlement offers that are made during the mediation.
If the mediation does not produce results, the parties may request to have a further mediation or begin the process of preparing for a trial.
5. Setting down for Trial
The serving and filing of a trial record signifies a party setting down an action for trial. The trial record will include all orders and pleadings to date. The registrar places the action on a trial list and the parties may have to attend assignment court in order to pick dates when they will be available to attend trial.
6. Pre-trial Conference
A pre-trial must be held prior to a trial. This is where the parties attend before a judge and attempt to narrow down the issues for trial. The parties have an open dialogue with one another to determine whether their issues can be resolved prior to a trial.
You want to ensure that all outstanding disclosure issues have been resolved and both parties are prepared and have all the evidence they need and intend to rely upon at trial. The parties should have a good grasp of what their strengths and weaknesses are and should be prepared to negotiate and work towards a settlement.
7. The Trial
If the parties can’t resolve their issues or come to a settlement at the pre-trial conference, then a trial will be necessary. At trial, the plaintiff and defendant may choose to make opening statements and are provided with an opportunity to introduce to the judge or jury their case. The opening statement is when the parties explain what they are trying to prove throughout the trial.
Each party will present their evidence by calling witnesses and entering documents as exhibits. The plaintiff’s witnesses are called first to testify and are examined and then will be cross examined by the other party. After the plaintiff is finished calling their witnesses, the defence will have an opportunity to call theirs. At the conclusion of a trial and once both parties have called all of their witnesses, both the plaintiff and defendant have an opportunity to make closing submissions.
Once the parties have completed their closing submissions, the judge may give a judgment in court. This is not always the case and there are times where the judge may reserve his decision and provide the judgment at a later date.
Civil and Commercial litigation has always been at the core of Chand Snider’s practice. We have experience representing clients in a diverse range of disputes. No matter the circumstances, our litigators possess the skills and expertise to achieve the best possible outcome for you or your business. We are trial lawyers and problem solvers. Let us put our experience to work for you. Call Chand & Co. at 416-583-2377.
Headquartered on Bay St. in Toronto, Chand & Co., serves valued clients all across the province of Ontario and beyond. Our firm specializes in litigation matters that range from civil/commercial litigation to regulatory and criminal defence litigation. From Toronto to Windsor and beyond, we have the resources and experience to represent businesses all sized. Call us for a consultation.
We are proud to have helped many clients with their legal needs with our personalized and attentive service. We are grateful that our clients endorse us heartily and without reservation. See some testimonials of what some of our valued clients are saying about us:
We wanted to take this opportunity to thank you for the outstanding legal services you recently provided to us. As a result of your efforts, we have just received our settlement cheque. When we first approached you, we were quite distraught about the process of entering into litigation, but your sensitivity to our concerns immediately put us at ease. Your approach to our situation was at all times both creative and pragmatic. You were always accessible when we contacted to you and were extremely diligent in protecting our interests.
We will be recommending you enthusiastically to any of our friends and colleagues who find themselves in need of your legal services.
AT THE REQUEST OF CLIENT
In early 2009, we needed a great litigation lawyer for a particularly difficult regulatory matter. Pradeep Chand meet with us only two days after our initial phone call. He took time to understand our situation and to explain his approach to litigation. Pradeep's guidance, counsel and style yielded the desired results. Pradeep has represented us on subsequent litigation matters, all with successful results for our establishment.
Pradeep has earned our complete confidence. We now rely on his guidance and direction on all liquor license and litigation matters. We look forward to working with him for many years to come.
OWNER, SILVER CITY BAR & GRILL
Pradeep is one of the brightest and most tenacious litigators in liquor license and regulatory matters. I have had the chance to work with him on several different matters, and in each case his preparation was flawless and his arguments were well crafted. He is passionate about defending his clients. He has my highest recommendation.
CO-OWNER, STIRLING ROOM
Chand & Co is our go-to firm for any high-stakes litigation. They are smart, tough and effective.
AT THE REQUEST OF CLIENT
I am happy and proud as a client to commend Pradeep as a skilled and true advocate. Pradeep has also become our friend and trusted advisor. When you need a real lawyer, he’s your guy.
I wanted to thank the lawyers at Chand Snider for defending me in my case. I was absolutely impressed with their work as a criminal defence lawyer. Although I hope I don’t require your services again for obvious reasons, I would recommend you in a heartbeat to anyone I know in need.
AT THE REQUEST OF CLIENT
When your business needs a tough and clever litigation lawyer, you can’t afford to compromise on quality. Pradeep is an extremely knowledgeable lawyer in various areas of law and creative in resolving many challenging situations. He provides prompt, expedient service, and is extremely comfortable to work with!
PRESIDENT, ANZANO PAVING AND GENERAL CONSTRUCTION
I have been around and used a number of law firms and lawyers over the years for various matters. This includes the top large firms and litigation boutique firms in Toronto. Chand & Co are as good as it gets. I would recommend Pradeep and Murray to anyone who has any litigation issues.