At Chand & Co., we rely on our track record of extensive experience helping clients with civil and commercial litigation. Whether you are suing a person or are being sued, our experienced litigators at Chand & Co. can help. Civil and commercial litigation is any legal dispute between two or more parties, whether businesses or individuals. The most common issues include mortgage enforcement, debt collection, shareholder and partnership disputes, contract disputes, construction disputes, real estate litigation, professional negligence, and defamation. You will have the best chance of resolving these problems outside of court if you retain legal representation as soon as possible. It is also beneficial to have the services of a lawyer who is experienced and at ease litigating in court, should it become necessary. If you have a legal problem anywhere in Kitchener, contact the skilled corporate litigators at Chand & Co. today.
Why Work With Us
hearings, trials &
$10 million +
In judgements obtained
expertise in high-value
Kitchener Civil and Commercial Litigation Lawyer
Civil litigation is a process whereby two or more parties disagree about financial assets and property. These cases include a wide range of topics, including debt collection, property and real estate disputes, and any personal disagreement between two persons that does not involve illegal behaviour or allegations from the state. If you’re involved in a similar argument or altercation, our litigation lawyers in Kitchener can help. At Chand & Co., we are dedicated to handling every aspect of your civil litigation issues. We will work tirelessly to assist you in achieving successful outcomes by serving as a trusted legal partner, navigating complex litigation loopholes, and addressing underlying difficulties.
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. possess 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 it, 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 years of 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 is of vital importance. We treat our client’s needs as if they are our own and stand beside them in their time of need.
When you hire our team, you will be choosing an accomplished and respected litigation firm with a proven track record of success that will have your best interests in mind. We pride ourselves in delivering unparalleled legal representation and professional excellence to our clients.
We take pride in 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.
Understanding The Steps In A Civil Lawsuit
In the Ontario Superior Court of Justice
Commencing a Claim
When suing for $35,000 or less, the claim commences at the Ontario Small Claims Court. Claims that exceed $35,000 are filed at the Ontario Superior Court of Justice.
The individual who has been harmed (the plaintiff) writes a Statement of Claim to begin the lawsuit procedure. The Statement of Claim contains the facts and legal arguments that the plaintiff believes entitles them to compensation from the other person (the defendant). The Statement of Claim must be filed before the statutory limitation period is over. Most cases must be filed within two years of the plaintiff discovering the defendant’s wrongdoing. Certain types of claims, however, have varying limitation periods. After reviewing the facts, your lawyer will be in the best position to advise you when the limitation period expires.
If the claim value is less than $200,000.00, the claim is filed under Rule 76 of the Rules of Civil Procedure, known as simplified procedure. If the claim exceeds $200,000.00, it must be filed under the regular rules. Sometimes, the parties can agree to adopt the streamlined approach for claims worth more than $200,000.00.
Defending a Claim
If a defendant is served in Ontario, he or she must promptly serve the plaintiff with a statement of defence. Defendants served in another province, the United States, or another country has a significantly longer period to file their statement of defence. The statement of defence explains why the defendant believes he or she should not compensate the plaintiff. If the defendant has a claim against the plaintiff (a counterclaim), it is filed with the statement of defence.
If the defendant can’t submit the statement of defence within the period specified, he or she may serve the plaintiff with a notice showing their intent to defend. This notice extends the defendant’s time to file a statement of defence. If the defendant fails to file a statement of defence within the required period, the plaintiff may request that the court enter a default judgment against the defendant.
From January 1, 2010, both parties must agree on a written discovery plan within 60 days of receiving the reply and, if applicable, the Defence to Counterclaim. The discovery plan specifies the extent of documentary discovery; the people produced for discovery examination, and the timetables for completing oral and documentary discovery. The party conducting the examination shall provide a notice of examination to any person being examined at least two days before the examination. Your lawyer collaborates with the other party’s counsel to develop this discovery plan.
In all cases initiated in Ottawa, Toronto, or Windsor, parties must attend a mediation session within 180 days after the initial Statement of Defence is served. However, the parties can agree to extend this time restriction. Sometimes, the parties may postpone mediation to conduct discovery examinations first. Each party submits a mediation brief to the mediator and provides a copy to the other party before the mediation conference. The mediation brief describes the factual and legal points in dispute, states each party’s stance on each issue, and contains copies of the case’s most essential documents.
The parties convene with a neutral mediator who works to help them address the difficulties in the case during the mediation session. The mediator cannot compel the parties to accept a settlement, nor does the mediator have the authority to impose a conclusion on the parties.
Setting Down for Trial
After completing the preceding stages, a party can request that the case be scheduled for trial by requesting it be put on the trial list. The court will notify the parties that they must attend a pre-trial meeting within 120 days of the action being scheduled for trial. Before the pre-trial conference, each side must file a brief comprising various items needed by the court presiding over the pre-trial conference.
Both the lawyers and the clients must attend the pre-trial conference. The lawyers discuss their clients’ viewpoints, and the judge presiding over the conference seeks to help them reach an agreement. The judge may advise the parties how they would rule if the case were before them. The judge’s decision on the matter is not binding, and if the parties decide to proceed, the judge who presided over the pre-trial conference will not hear the actual trial.
The parties may go to trial if a settlement cannot be reached. Because the legal fees involved are relatively substantial and there is always the chance that the party may lose at trial, the parties will frequently choose to settle the action before it proceeds to trial. In addition, because of the cost ramifications of settlement offers, parties may be apprehensive that if they lose, they may be obligated to pay the opposing party’s costs.
Both parties submit their evidence during a trial by calling witnesses. Expert evidence may be requested depending on the issues at hand in the litigation. The judge will render a decision binding on the parties after the trial. Sometimes, a party may file an appeal if dissatisfied with the judge’s judgment.
Each side will make their case by calling witnesses and submitting documents as exhibits. The plaintiff’s witnesses are summoned first, interrogated, and then cross-examined by the opposing side. The defence will have their turn after the plaintiff has completed calling their witnesses. The plaintiff and defendant can give closing arguments after a trial when both parties have introduced all of their witnesses.
Find a Litigation Lawyer in Kitchener Near Me
Do you need a reliable litigation lawyer in Kitchener? Chand & Co. can help. Our competent lawyers have vast civil litigation experience to provide our clients with exceptional legal guidance. They have represented people, businesses, government agencies, professional associations, non-profit organizations, and foundations. Contact us today for proficient legal representation 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 ranging from civil/commercial to regulatory and criminal defence. From Toronto to Windsor and beyond, we have the resources and experience to represent all individuals and businesses of various sizes. Call us for a consult.
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.