Civil and commercial litigation in Ottawa is a complex and confusing process that needs careful navigation and effective legal representation. At Chand & Co., we specialize in offering top-tier legal services for individuals and businesses involved in different types of disputes. Our team of seasoned litigation lawyers in Ottawa possesses the skills and knowledge to secure our clients' best possible outcome. Unlike many other litigation law firms, we maintain a selective customer base, ensuring that we offer personalized attention to every case. Whether you are facing a civil or commercial dispute, our lawyers are dedicated to providing clear and intelligent advice. We will resolve your legal matters effectively and minimize the costs and distractions of your business.
Why Work With Us
hearings, trials &
$10 million +
In judgements obtained
expertise in high-value
Ottawa Civil Litigation Lawyers
Navigating the complexities of civil and commercial litigation in Ottawa requires proficiency and a clear understanding of the legal process. At Chand & Co., we take immense pride in our dedicated team of lawyers, ready to guide you through each stage in your legal journey. We will walk with you right from commencing a claim, defending against one, conducting discovery, exploring mediation, and representing you through trial. Our lawyers are committed to protecting your rights and achieving the best possible outcome for your case.
Business disputes can be daunting. However, with Chand &Co. by your side, you can be confident in our creativity, tenacity, and impeccable approach to resolving legal issues. Our core goal is to protect your interests, minimize costs, and offer practical solutions. When you choose us, you will be working with experienced litigators and problem solvers who are willing to have their experience work for you.
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 initiating a civil lawsuit in Ontario, it is crucial to follow the proper procedures. The action begins in the Ontario Small Claims Court if the claim amount is $35,000 or less. For claims exceeding $35,000, the lawsuit must commence in the Ontario Superior Court of Justice.
The party initiating the lawsuit, the plaintiff, must prepare a statement of claim. This document outlines the amount they are suing for. It also presents a concise statement of material facts that will be relied upon in court. Once the statement of claim is ready and the required filing fee is paid to the Minister of Finance, the court issues this document.
The simplified procedure under Rule 76 of the Rules of Civil Procedure applies for claims under $200,000. Claims exceeding $200,000 adhere to the ordinary. However, the parties involved can sometimes agree to use the simplified procedure. After the statement of claim is issued, it must be served on all named defendants, and an affidavit of service must be filed with the court.
Defending a Claim
If a defendant intends to contest a lawsuit initiated against them, they must prepare a statement of defence. According to the Rules of Civil Procedure, they must serve this statement on the plaintiff and all other relevant parties. This step requires a filing fee. The next step involves preparing an affidavit of service proving the delivery of the defence to other parties.
During this stage, the defendant also has the option to initiate a counterclaim against the plaintiff. The defendant can file a cross-claim against a co-defendant. Making a third-party claim against any other party not yet named in the litigation is also allowable.
Failure to defend the action within the 20-day period after receiving the statement of claim may result in the defendant being noted in default. Noted defendants can no longer file a defence without obtaining the plaintiff’s consent or a court order. They may also be deemed to have admitted all the allegations in the statement of claim, leaving the plaintiff free to seek a default judgment.
The discovery stage plays a crucial role in the litigation process by facilitating the exchange of evidence between parties. The parties must agree on a discovery plan within 60 days after the close of proceedings. An affidavit of documents, listing all documents in a party’s possession or control, must be served on all other parties.
Either party can serve a notice of examination on an opposing party, indicating the time and place for the examination under oath. These examinations are recorded and transcribed, potentially using the transcripts to challenge presented evidence during trial. Examinations are limited to 7 hours regardless of the number of examined individuals. Parties must bring all documents listed in their affidavit of documents that are not privileged to the examination.
Mediation offers an opportunity for parties to resolve a lawsuit outside of court. Unlike judges, mediators do not make decisions or impose settlements on parties. Mediation can be a cost-effective and efficient resolution while preserving valuable time and resources.
As per rule 24.1 of the Rules of Civil Procedure, mediation is required for civil actions commenced in Ottawa, Toronto, or Windsor. It occurs 180 days after the first defence is filed, with the location typically convenient for all the parties involved. Before mediation, each party prepares a mediation brief. This brief is shared with the other parties and the mediator. The brief outlines the legal issues in dispute and allows parties to present their positions.
Mediators act as neutral facilitators, supporting active dialogue and assisting clients in resolving their issues. All discussions during mediation, including settlement offers, are kept confidential. If mediation fails to produce results, parties may request further mediation or prepare for trial.
Setting Down for Trial
When a party serves and files a trial record, it signifies their intention to set the action for trial. The trial record includes all orders and pleadings up to that point. The registrar places the action on a trial list, and the parties may need to attend assignment court to select trial dates.
Before a trial, a pre-trial conference is essential. Parties appear before a judge to narrow down the issues for trial. This stage involves open dialogue to determine whether issues can be resolved before trial.
During the pre-trial conference, it is crucial to ensure that all outstanding disclosure issues are resolved. Both parties must also be prepared with the necessary evidence. Parties should have a clear understanding of their case’s strengths and weaknesses. They must also be ready to negotiate towards a settlement.
A trial becomes necessary if the parties cannot resolve their issues to reach a settlement during the pre-trial conference. At the trial, the plaintiff and defendant may make opening statements to outline their case’s objectives. The opening statement serves as an introduction to what they aim to prove during the trial.
Each party presents evidence by calling witnesses and submitting documents as exhibits. Plaintiff witnesses testify first and undergo examination and cross-examination. After the plaintiff concludes, the defence presents its witnesses. Following the presentation of all witnesses, both parties can make closing submissions.
The judge may deliver a judgment in court after closing submissions. However, there are instances when the judge reserves the decision and provides the judgment later.
Find a Litigation Lawyer in Ottawa Near Me
You must deeply understand the legal process to navigate the complexities of civil and commercial litigation in Ottawa. Chand & Co. offers experienced lawyers who can help you achieve a favourable outcome for your case. You can count on us whether you need guidance through arbitration or trial. Contact us today for a free consultation.
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.