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Civil Lawyers – Ontario Superior Court of Justice

Civil Lawyers

Civil Lawyers – Ontario Superior Court of Justice

Civil Lawyers – Ontario Superior Court of Justice

If you are a business or an individual who requires legal representation in the Ontario Superior Court of Justice, you need to contact experienced Civil Litigation Lawyers immediately to discuss your case.  At Scardicchio Law Office Professional Corporation, our Civil Litigation Lawyers represent business or individuals involved in the Ontario Superior Court of Justice cases in: Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener-Waterloo-Guelph, and across Southwestern Ontario. Our civil litigation lawyers have extensive experience in dealing with claims, motions, injunctions, defence, pleadings, trials, mediations and more for cases involving the Ontario Superior Court of Justice.

The Ontario court structure has increased the small claims court jurisdiction to hear most matters in dispute of up to $35,000.

Unlimited Jurisdiction in the Ontairo Superior Court of Justice

However, the Ontario Superior Court of Justice has unlimited jurisdiction on matters involving amounts over $35,000.  There are two common procedures in pursing a civil action in the Ontario Superior Court of Justice, which involves pursuing an action under the standard procedure under the Rules of Civil Procedure, as well as a Simplified procedure, under Rule 76 of the Act, which allows cases under $200,000.  Under this Simplified procedure, Jury trials are not permitted; examinations for discovery by each party are allowed a maximum of 3-hours; trial length is capped at 5-days; costs are capped at $50,000; disbursements are capped at $25,000; there is a limit to 3 experts; and, examinations in-chief are completed by Affidavit only.

Call Us Today

Pursuing a case before a Judge can be risky.  Our team of experienced Civil Litigation Lawyers have assisted individuals and small businesses pursue their cases in the Ontario Superior Court of Justice, whether you are starting a legal action, or defending a legal action.  Contact our Civil Litigation Lawyers for your free consultation and speak to a Lawyer today.

What is a contract dispute?

Most contractual disputes arise over the interpretation of the agreement.  The first place to start is to determine if there is a valid contract.  The wording of the agreement will often indicate whether there has been a breach or not. Often, the breach will be clear and obvious.

Oftentimes, there is the possibility of civil contract dispute cases being settled without the need to attend court. 

Often, a breach will be resolved with monetary payment. However, there are also circumstances where an individual or business may be ordered to fulfill the terms of a contract, which is called “specific performance.” Each party under the contract is required to fulfill their end of the contractual agreement. A court may review a contract and then order a party to fulfill their obligations, make payments or both.

At Scardicchio Law Office Professional Corporation, depending on your particular legal needs, there are times where more affordable options are available for a resolution to your matter.  For example, our Civil Litigation Lawyers offer an initial retainer to make amicable attempts to resolve your case:

  • A Demand Letter drafted and served on the individual or business who owes you money (the debtor);
  • Corresponding with the debtor to come to an agreed arrangement.
  • Drafting, serving and filing the documents in court where discussions to resolve are not met with a response;
  • Pursuing a judgment in order to settle your case.

What are the remedies for a breach of contract?

The standard remedy for breach of contract is a monetary award for damages, where the innocent party is put in the position they would have been in, had the contract been performed as agreed.  Depending on the facts of each specific case, some of the compensatory damages include lost profits, interest, and or additional expenses required to fulfill the contract.  Loss of enjoyment can also be sought, among other damages.  Punitive damages can also be awarded also depending on the circumstances and if the conduct of the party who breached is so serious as to warrant them.

Areas of Civil Litigation we serve

AREAS OF CIVIL LITIGATION WE PROVIDE LEGAL SERVICES:

Business litigation

Corporate litigation
Insurance claim denials
Homeowners and Contactor Disputes
Service Provider Disputes
Consumer Warranties
Consumer Protection Act Claims

Debtors’ rights and obligation, and remedies

Foreclosure

Contractual disputes/Breach of contract

Real Estate and Mortgage litigation

Construction lien
Fraud and misrepresentation actions
Landlord and Tenant Board

Smalls Claims Court

Commercial litigation
Commercial leases

Contractual, Partnership and Shareholder Disputes

Creditors’ remedies

Tort/Negligence claims

Commercial litigation

Employment/Wrongful Dismissal

Collections
Unpaid Invoices/Debt collection and recovery
Unpaid Loans
Damage to property
Non-payment for bulk sales or delivered goods

Negotiation and mediation of matters

Superior Court of Justice

CIVIL CLAIMS LEGAL SERVICES

  • Civil litigation
  • Civil trials
  • Civil motions and civil applications
  • Claim discovery and cross examination
  • Contractual litigation
  • Commercial litigation including shareholder disputes
  • Construction and general liens
  • Commercial property disputes
  • Real estate and mortgage litigation – commercial and residential
  • Insurance litigation
  • Superior Court of Justice cases
  • Small claim cases

What locations do you serve?

Scardicchio Law Office Professional Corporation provides civil litigation services, including Insurance defence and Insurance policy coverage denial claims to multiple jurisdictions across Southwestern Ontario, including:

Mississauga
Brampton
Toronto
Milton
Oakville
Burlington
Newmarket
Orangeville
Kitchener
Hamilton
Barrie
Oshawa

“Justice denied anywhere diminishes justice everywhere.” 

– Martin Luther King Jr.

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Civil Lawyers – Ontario Superior Court of Justice

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The Results You Deserve

Our team of dedicated Civil Litigation Lawyers in Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener and across Southwestern Ontario, represent your civil litigation claim, and we will work to get you the results you deserve.  If you or your business is involved in a civil litigation or contract dispute, contact us today for a free telepone consultation to discuss your case.

What is a Mareva Injunction

A Mareva injunction is an extreme remedy granted in exceptional circumstances to freeze a defendant’s assets before judgment.  The Plaintiff must do each of the following:
1) make full and frank disclosure of all material matters;
2) give full particulars of the claim against the defendant and highlight potential defenses;
3) show that the defendant has assets in the jurisdiction;
4) show that there is a real risk of the assets being removed out of the jurisdiction, or disposed of before trial and that the plaintiff will be unable to satisfy a potential judgment; and
5) give an undertaking as to damages.

What is an Anton Piller Order?

The jurisdiction to issue a private search warrant rests with the Ontario Superior Court.  An Anton Piller order essentially authorizes a private party to insist on entrance to the premises of the party it believes has defrauded them in order to seize and preserve evidence which will assist in furthering its claim.
In order to apply for an Anton Piller Order, a Plaintiff must show 4 elements: 1) a strong prima facie case; 2) damage to the plaintiff of the defendant’s alleged misconduct, potential or actual, and must be very serious; 3) convincing evidence that defendant possesses incriminating documents or things; and 4) a real prospect that the defendant may destroy the material before discovery. 

What is a Norwich Order?

A Norwich order compels a third party to provide the applicant with information where the applicant believes they have been wronged and needs the third party’s assistance in order to determine the circumstances of the wrongdoing which will assist the applicant to pursue its legal remedies. This type of order is also known as a tracing order.

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Civil Lawyers – Ontario Superior Court of Justice

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Saturday: 11am – 4pm

Sunday: 12am – 4pm

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