Litigation law governs issues pertaining to filing lawsuits, seeking damages and compensation, trials and other litigation related topics.  

A statute of limitations is a law regarding the amount of time you have to file a lawsuit after an event that requires litigation.  The statute of limitations varies for different offenses.  In Ontario it is generally two years but with numerous exceptions.  That is why speaking to a lawyer as soon as you believe you have an actionable event is critical.  

If the decision of the case is not in your favour, you do have the right to appeal the decision.  In most cases, there is a certain period of time in which you can appeal, so you should speak to an attorney as soon as possible.

The best time to speak to an attorney is as soon as you feel that you may have a legal case against someone, or a lawsuit has been filed involving you.  Your attorney should be hired ahead of time to understand the details of the case before going to court so they can research and plan a defence or a winning strategy.  

Mediation is when two parties (Plaintiff and Defendant) decide to try and settle things outside of the court room. A third-party acts as the mediator, who is usually another attorney, judge or a certified mediator. 

Depending upon how you decide to settle the dispute, you should have an attorney oversee the documentation.  Settling out of court can be an efficient way to save time and money, depending on your situation.  Sometimes, litigation is the best or only option– speak with a lawyer to determine what is right for you.  

A contract is based around the rights and obligations that are created by the legally binding agreement between the two parties.  Tort is classified as a civil wrongdoing caused by a person or entity which can be divided into three broad categories, Negligence, Nuisance, and Trespass. 

Commercial litigation requires a legal disagreement either between businesses and/or individual people in matters pertaining to a wide range of topics such as breach of contract, patent infringement, partnership disputes, dissolution of business, and fraud.  

Temporary 

• Temporary custody is when the legal proceeding is ongoing and until the decision for custody is made, a judge can grant temporary custody for one of the parties to look after the child in the interim period. 

Sole 

• Sole custody is when one parent will have the exclusive authority when it comes to the parenting decisions and wellbeing of the child.  Even if sole custody is granted your former partner may still need to be consulted before making any final decisions about the child’s parenting.  

Joint 

• Joint custody can be done either through an agreement from both parties, or through the court. When given joint custody it means that both parties have equal responsibility even though they may live apart. Both parties are involved in making final important decisions in the child’s life and upbringing.  

Shared 

• Shared custody is a specific subtype of joint custody and usually involves the child spending equal time with each parent.  

A parent or a guardian will be awarded custody of a child if the court deems it to be in the best interest of the child.  Every case is determined by its own unique set of facts, but it is usually biological or adoptive parents that will gain custody of their child.  In some cases, a third party, such as blood relatives like grandparents, aunts, and uncles, or stepparents can be given custody.  The overall goal of the court in these cases is to find the best home for the child.  In Ontario the courts are mandated to only consider he best interests of the child when making decisions affecting a child. 

A cohabitation agreement is a legal agreement between two partners who choose to live together.  In some ways this agreement is similar to that of a married couple, in the case of applying for a mortgage or working out child support.  If you get married after you have been living together your cohabitation agreement becomes your marriage contract.  

A marriage contract is similar to a cohabitation agreement, but it is for people that are legally married.  This contract may include how debts will be handled after separation, how property will be divided, or spousal support in the case that you separate.  It can even cover child parenting during the marriage or upon separation.  

A prenuptial agreement is a contract between two parties before marriage that allows them to select and control many of the legal rights they have during marriage, and in the case of divorce, separation, or death.  There are certain types of issues that may be covered by a pre-nup that cannot be dealt with after marriage in a marriage agreement. 

A separation agreement is another form of domestic contract that allows both parties to agree on how to deal with issues between the relationship if separation arises.  Within a separation agreement it can discuss topics such as custody and access to children, financial support, and how property will be divided.  A separation agreement can be a lot quicker and cheaper then resolving these issues in the court room.  

Spousal support is money paid by one spouse to the other after separation or divorce, which may also be referred to as alimony.  Spousal support allocation is done on a case-by-case basis, as many factors affect if a married or common law spouse is entitled to spousal support. Speak with a lawyer today about your specific situation.  

Child support is money paid by one of the parents to the other to support their children financially after separation or divorce.  Child support is usually paid to the parent that incurs most of the financial weight to care for the children.  Depending on income, even parents that have joint custody may have one parent pay child support.  In Ontario, the amount of child support is governed by the Child Support Guidelines and depends upon the number of children and the total taxable income (line 1500) of the payor.