Category: Law

Law, Litigator

Real Estate Injunctions a Toronto Civil Litigation Lawyer Can Help You Get

Powell Litigation

While real estate is currently among the most lucrative sectors of the economy, it is filled with several legal minefields that might mar your investment. Without a seasoned Toronto civil litigation lawyer to protect your interests, you might find yourself on the losing end of most legal real estate battles. One of the most common weapons the lawyer might apply to property-related cases to protect you is an injunction. This prevents a party from doing something that affects your interests in real estate. Here are the standard injunctions in real estate.

Preliminary Injunction

This is given before a trial and stops a party from doing something on the property in dispute. Most courts are nonetheless not as keen on issuing a preliminary injunction since a hearing is not yet in progress. Your Toronto civil litigation lawyer might, however, get one if he/she proves that it is necessary and considerable damage will happen without it.

Temporary Restraining Order

This is your first line of defense in property disputes because it is granted quickly and can be implemented fast. Temporary restraining orders are often used to maintain a status quo and give courts time to review property disputes. They are, however, short-lived and have a limited scope.

Permanent Injunction

This comes after the courts have settled the property dispute. When issued, it means that one party should permanently stop or start acting in a certain way. There are two types of permanent injunctions a Toronto civil litigation lawyer may pursue. A prohibitive injunction will prevent a party’s actions while a mandatory one compels someone to do something positive.

The decision to apply for the above injunctions should be carefully considered on a cost-benefit basis. In some instances, they might not do much to your property issues. It would be best if you work with an honest real estate attorney to guarantee you only pursue an injunction that works in your favor.

Civil Litigation, Law

Defenses a Civil Litigation Lawyer Toronto Might Use For Creditor Lawsuits

Powell Litigation

A large number of businesses nowadays fail because of debts. When you cannot meet your debt obligations, running a profitable venture generally becomes impossible. Other than this, you might find your business facing a lawsuit from the creditors you owe. Instead of playing hide and seek with creditors, getting a civil litigation lawyer Toronto should be your first step. He/she is well-versed with your rights in this instance and will employ one of the following defenses for your creditor lawsuit.

Improper Service

This defense applies if you have not received a summons from the creditor on an overdue debt and a notice of legal action. Different jurisdictions have guidelines on the serving of summons for debt recovery. Some, for instance, require the summons to be personally handed to a defendant. Others will need a copy of the summons left with the person in your business premises and another mailed to the business’ address.

Mistaken Identity

Fraud is all too common in the business world nowadays. Someone might use your company name to get credit improperly or open a credit account in your business’ name. You should not be made to pay for his/her debt. Your civil litigation lawyer Toronto should nonetheless unquestionably establish the debts,in this case,were incurred without your knowledge.

Statute Of Limitations

Creditors have time limits within which they should file a lawsuit for debt recovery. This limit runs from the time of your last debt repayment in most states. You can use the statute of limitation defense if the period has expired without a creditor making any effort to claim payment.

Rules continually change. To this end, it is impossible to handle the specifics of the above defenses based on a few online articles and law books in your library. Getting a civil litigation lawyer Toronto to check the particulars of your case then handle the above defenses is your best choice for a favorable case outcome.