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8 Most Common Types of Civil Litigation Cases that your Filipino Lawyer in Toronto can help you with.

 

These are some of the 8 most common types of civil litigation cases in civil court: Contract, Employment, Commercial, Real Estates Dispute, Construction Liens, Wrongful Dismissal, Debt Collection, and Defamation.

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1. Contract Disputes

A contract is a legally binding document between two or more persons.

A contract is a legally binding document between two or more persons to act under an agreement in exchange for goods, services, or compensation. It contains 3 components: an offer, acceptance, and consideration. Contract dispute may arise if a party to the agreement does not fulfill his/her responsibilities as outlined in the contract.

There are 4 types of Breach of Contract:

  1. Material Breach. This type of breach occurs when a party to the agreement fails to fulfil his/her responsibilities.
  2. Partial Breach. It occurs when one party to the agreement is unable to complete part of his/her obligations.
  3. Anticipatory Breach of contract occurs if one person to the contract will not perform his/her obligations at the specified date.
  4. Fundamental Breach. This occurs when there is a failure to fulfill the obligations of the contract to the extent that the contract cannot be performed, or the other side cannot get any benefit from it.
Civil-Litigation-Contract-Disputes-filipino-lawyer-AJ-Law-LLP

1. Contract Disputes

A contract is a legally binding document between two or more persons.

A contract is a legally binding document between two or more persons to act under an agreement in exchange for goods, services, or compensation. It contains 3 components: an offer, acceptance, and consideration. Contract dispute may arise if a party to the agreement does not fulfill his/her responsibilities as outlined in the contract.

There are 4 types of Breach of Contract:

  1. Material Breach. This type of breach occurs when a party to the agreement fails to fulfil his/her responsibilities.
  2. Partial Breach. It occurs when one party to the agreement is unable to complete part of his/her obligations.
  3. Anticipatory Breach of contract occurs if one person to the contract will not perform his/her obligations at the specified date.
  4. Fundamental Breach. This occurs when there is a failure to fulfill the obligations of the contract to the extent that the contract cannot be performed, or the other side cannot get any benefit from it.
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2. Employment Disputes

Employment Disputes. AJ Law LLP can provide assistance with employment disputes such as partnership disputes, employee contracts, confidentiality, non-competition and non-solicitation agreements, discrimination claims, human rights, and breach of fiduciary duties.

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2. Employment Disputes

Employment Disputes. AJ Law LLP can provide assistance with employment disputes such as partnership disputes, employee contracts, confidentiality, non-competition and non-solicitation agreements, discrimination claims, human rights, and breach of fiduciary duties.

3. Commercial Disputes

Commercial Disputes. Commercial Disputes commonly arise between the vendor and purchaser of a commercial property, the owner of the commercial property and a contractor or subcontractor, and the landlord and tenant of a commercial property.

AJ Law LLP can represent you with your commercial disputes, including:

  1. Breach of Lease Agreements, and
  2. Property damage

4. Construction Liens

Construction Liens. It is a claim that is placed on commercial or residential property by a contractor or subcontractor when the owner of the property does not satisfy payment of an invoice for work done to the property. A construction lien may make a property impossible to sell or refinance.

AJ Law LLP has a thorough knowledge of the Construction Lien Act and will help you find the best resolution for your case.

3. Commercial Disputes

Commercial Disputes. Commercial Disputes commonly arise between the vendor and purchaser of a commercial property, the owner of the commercial property and a contractor or subcontractor, and the landlord and tenant of a commercial property.

AJ Law LLP can represent you with your commercial disputes, including:

  1. Breach of Lease Agreements, and
  2. Property damage

4. Construction Liens

Construction Liens. It is a claim that is placed on commercial or residential property by a contractor or subcontractor when the owner of the property does not satisfy payment of an invoice for work done to the property. A construction lien may make a property impossible to sell or refinance.

AJ Law LLP has a thorough knowledge of the Construction Lien Act and will help you find the best resolution for your case.

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5. Debt Collection

Debt Collection. Debt collection happens when a creditor retains a lawyer or agency to recover the amount of debt owed. A creditor may sue the debtor and take them to court should there be a non-payment of debt.

In Ontario, it is mandatory for any collection agency to abide by the Collection and Debt Settlement Services Act, AJ Law LLP can assist you.

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5. Debt Collection

Debt Collection. Debt collection happens when a creditor retains a lawyer or agency to recover the amount of debt owed. A creditor may sue the debtor and take them to court should there be a non-payment of debt.

In Ontario, it is mandatory for any collection agency to abide by the Collection and Debt Settlement Services Act, AJ Law LLP can assist you.

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6. Defamation

Defamation. It is a communication made about an individual that harms their reputation. Libel, a defamatory statement made in writing and slander, a defamatory statement made orally are the types of defamation.

The Superior Court of Canada has established the following legal test to prove a statement is defamatory:

  1. That the communication lowered his or her reputation;
  2. That the communication referred to him or her; and,

  3. That the communication was communicated to at least one other person.

The most common defences are:

  1. Justification/Truth
  2. Fair Comment
  3. Absolute & Qualified Privilege
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6. Defamation

Defamation. It is a communication made about an individual that harms their reputation. Libel, a defamatory statement made in writing and slander, a defamatory statement made orally are the types of defamation.

The Superior Court of Canada has established the following legal test to prove a statement is defamatory:

  1. That the communication lowered his or her reputation;
  2. That the communication referred to him or her; and,

  3. That the communication was communicated to at least one other person.

The most common defences are:

  1. Justification/Truth
  2. Fair Comment
  3. Absolute & Qualified Privilege
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7. Real Estate Disputes

 

Real Estate Disputes. These disputes commonly arise between the seller and buyer of residential property, the owner of the residential property and a contractor or subcontractor, and the landlord and tenant of residential premises.

 

AJ Law LLP can assist you with the following claims:

  1. Agreements of purchase and sale
  2. Breach of lease agreements
  3. Construction liens
  4. Non-payment of rent

 

8. Wrongful Dismissal

 

Wrongful Dismissal. AJ Law LLP can assist you to determine whether you have been legally terminated or not.

The most common situations wherein you may have been wrongfully dismissed are:

  1. If you are terminated by your employer without cause, and your company is refusing to give you reasonable notice;
  2. If your employer is claiming that there is a “just cause” to fire you, but you disagree with their reasons;
  3. If your employer changed some parts of your job, so it appears that you are not doing the work you agreed to do (Constructive Dismissal).
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7. Real Estate Disputes

Real Estate Disputes. These disputes commonly arise between the seller and buyer of residential property, the owner of the residential property and a contractor or subcontractor, and the landlord and tenant of residential premises.

AJ Law LLP can assist you with the following claims:

  1. Agreements of purchase and sale
  2. Breach of lease agreements
  3. Construction liens
  4. Non-payment of rent

8. Wrongful Dismissal

Wrongful Dismissal. AJ Law LLP can assist you to determine whether you have been legally terminated or not.

The most common situations wherein you may have been wrongfully dismissed are:

  1. If you are terminated by your employer without cause, and your company is refusing to give you reasonable notice;
  2. If your employer is claiming that there is a “just cause” to fire you, but you disagree with their reasons;
  3. If your employer changed some parts of your job, so it appears that you are not doing the work you agreed to do (Constructive Dismissal).