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Access to Justice

Most Canadians cannot afford to sue when they are wronged or defend themselves when they are sued, and cannot afford to go to trial.  Without an effective and...

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Affidavits Properly Prepared

An Affidavit document is a document sworn or affirmed, under Oath, and a document for which the truthfulness of the statements within must be genuinely true.

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Breaching Marriage Promises

When an engagement is terminated, the 'contract to enter into marriage' is ceased and the engagement ring must be returned. 

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Burden of Proof

In civil litigation, meaning a lawsuit, the Plaintiff must prove that the allegations are true on a balance of probabilities as opposed to the beyond a...

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Co-Occupier's Liability

The legal question of whether an occupier of premises owes a duty of care to another occupier of the same premises may arise infrequently; however, the rarity...

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Corporate Unveiling

Corporate Veil Unveiled For Proper Understanding of Limited Liability Protection  By: Scott McEachern Firstly, let me start this article with a...

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Cost Saving Hints

It is rather obvious that a legal services practitioner's ability to best serve the client is highly dependent on maintaining a positive, constructive,...

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Covid19, legal issues

The Lack of Specifics within Many Laws is Causing Many Concerns involving Affects of the Covid19 Crisis. The Unprecedented Circumstances are Giving Rise to...

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Drafting a Release

Upon settling a legal dispute, the law implies and expects that the party on the defensive will require a signed Release from the other party. 

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Following Precedent

Although an inaccurate translation from the literal Latin, the principle of 'stare decisis' may be thought of as the starring precedent setting decision when a...

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Humour

ATTORNEY:    This myasthenia gravis, does it affect your memory at all? WITNESS:      Yes. ATTORNEY:    And in...

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Issue Estoppel

Understanding Whether Going to Court Is Actually Going Back to Court? Laypeople and lawpeople can be confused regarding the res judicata principle, also...

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Limitations

Limitation periods are time limits that restrict when legal proceedings may be commenced.  In Ontario, generally, with some specific exceptions, the...

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Mitigation, general

The law despises waste and the doctrine of mitigation, being the duty to mitigate, is the mechanism that imposes an obligation upon a harmed party to take...

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Occupier Liability

Liability claims arising when a person suffers injuries in a slip and fall may be brought against the owners, occupiers, or others, with duties for the care...

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Odd Law

The written law is often plagued with outdated decisions, perplexing paradoxes, and the uncommon common sense! While our pop culture is filled with many...

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Paralegal Services

A licensed paralegal may offer legal services and act as representative in matters falling within the jurisdiction of the Small Claims Court and the Provincial...

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Pleading Alternate Theories

Helpful Guide to Understanding the Importance of Pleading Alternative Theories of Law Within Claims While pleading alternatives may involve legal theories...

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Proper Civility

Litigants in legal proceedings can often make the process of litigation more difficult than necessary through the use of uncivil and discourteous conduct.

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Repair of Roads

Potholes and other hazards can pose significant risk to persons and property.  While many incidents with roadway hazards result in only relatively minor...

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Representation

While some people may choose self-representation over the cost of hiring a paralegal, all too often the self-represented make mistakes in the legal process...

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Retainer of Services

Generally, the word "retainer" possesses two contexts and refers to both the contractual agreement entered into when hiring a legal professional as well as...

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Spoliation of Evidence

Proving a case in court requires evidence to back up certain allegations.  Sometimes, the 'evidence' is simply credible testimony without any tangible...

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Stress Injury Claims

Stress injuries, meaning emotional concerns such as anxiety, annoyance, disappointment, distress, fear, frustration, loss of peace of mind, upset, among other...

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Tree Liability Risk

The potential for legal issues to arise from incidents involving tree ownership or tree management is significant.  Among other things, legal issues may...

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Occupier Liability, duty of care

The occupiers of premises owe a duty of care to ensure that other people are reasonably safe from harm while upon the premises unless the other people...

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Pleading Limitations Defence

Must a Defendant Include Details of Intent to Rely Upon a Limitations Expiry Within a Defence Pleading? A Defendant Is Required to Properly Plead a...

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Scandalous Documents

What Should a Court Do With a Scandalous Document? Where Statements Are Irrelevant, Unnecessary, or Tend to Embarrass a Party or Witness and Could Cause...

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Major miscarriages of justice have occurred because of the absence of proper legal representation.
~ Sadiq Khan

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