Civil Litigation

Superior Court of Justice actions and applications deal with a variety of issues. Claims that fall outside the monetary jurisdiction of the Small Claims Court (i.e. claims in excess of $25,000) are generally commenced in Superior Court. There is no “cap” on how much you can sue for in Superior Court, though special rules for Simplified Procedure apply to claims not exceeding $100,000 (unless all parties consent). Common Superior Court actions include lawsuits for negligence, breach of contract, personal injury, unpaid loans and accounts receivables, bank/credit card debts, mortgage default proceedings and forfeiture applications. Daniel Freudman has experience with all those types of cases, as well as others.

Although there is no legal requirement for an individual litigating in Superior Court to be represented by counsel, it is highly advisable. Superior Court actions and applications are far more complex and less streamlined than Small Claims Court actions. While Small Claims Court actions generally resolve within 12 months (give or take), Superior Court cases can last several years, with numerous steps that must be taken at various stages throughout the action. Also, considering the stakes (generally hundreds of thousands of dollars), the value of legal representation will likely far outweigh the cost.

Call Daniel Freudman now to discuss your personal or corporate Superior Court of Justice case.

The Civil Court Process – Superior Court of Justice

Small Claims Court is a distinct branch of the Superior Court of Justice. In Ontario, Small Claims Court has the jurisdiction (i.e. the legal authority) to hear cases where the amount disputed is less than $25,000, excluding costs and interest. Daniel is well-versed in the Rules of the Small Claims Court, and is able to represent you in small claims cases from start to finish. This includes drafting the Plaintiff’s Claim or Defendant’s Defence, attending the Settlement Conference, arguing any motions, and finally conducting the Trial (if the matter remains unresolved by that stage). Alternatively, if money is an issue, Daniel can reduce costs by providing specific services on a “per item” basis (e.g. only draft Claim, only conduct trial, etc.).

Daniel Freudman will remain committed to your case, no matter how small the sum of money in dispute. Unlike larger law firms which often delegate Small Claims Court cases to articling students or paralegals, Daniel will handle your case personally, giving it the professional attention it deserves. If you have been served with a Small Claims Court claim, prompt action is necessary, as you could be noted in default and receive judgment against you if you fail to respond within a specific timeframe. Similarly, if you are interested in commencing a Small Claims Court lawsuit, you should contact a lawyer immediately, as limitation periods apply which may preclude you from commencing legal action after a certain period of time has elapsed.

Call Daniel Freudman now to discuss your personal or corporate Small Claims Court case.

The Civil Court Process – Small Claims Court

Car accidents can be extremely traumatic, both physically and psychologically. If you were involved in an accident while driving without insurance, you may find yourself facing a lawsuit for property damage and/or any bodily harm the other driver claims to have suffered. In most motor vehicle accident cases of this sort, the claim gets “subrogated” to the insurance company. In other words, the Plaintiff’s automobile insurance company (through their counsel) takes over the claim. However, the insurance company will then likely sue you, the uninsured driver, as their position is that you contributed to the accident and thus you should contribute to any monies they may be forced to pay out. This process can become quite complex and convoluted, especially if more than two parties were involved in the vehicular collision. Making the process even more intimidating is the fact that the standard claim amount for such actions is generally $1,000,000, even if the Plaintiff does not seem critically injured and appeared to be fine at the time of the accident. For these reasons, it is imperative you seek qualified legal representation to ensure your rights are protected. Daniel Freudman has handled numerous cases defending uninsured drivers involved in motor vehicle accidents. Daniel is experienced in dealing with personal injury law firms and insurance defence counsel, and will rigorously defend you from start to finish.

Call Daniel Freudman now to discuss your motor vehicle accident case.
A Demand Letter is a formal notice delivered to an individual (or business), demanding the recipient take a certain action. Most commonly, the Letter demands the person pay a specified sum of money by a stipulated deadline, failing which legal action will be commenced against them. The money demanded can be owing for a variety of reasons, including unsettled loans, unpaid wages, outstanding accounts receivables, deficient services, or compensation for person injury or property damage. A Demand Letter can also address other items, such as demands for an individual to cease and desist certain conduct, like trespassing and defamation.

The main advantage of a Demand Letter is that, if complied with, it is a quick and cost-effective way to resolve a legal dispute. Instead of spending significant time and money suing an individual in court, the desired outcome may be obtainable through simply sending a commanding letter. Even if you have already tried compelling the person to obey your instructions but to no avail, a Demand Letter may still be successful as an imposing letter written by a lawyer on letterhead can be quite persuasive, especially with the attached threat of impending legal action.

Call Daniel Freudman now to discuss how a Demand Letter may assist your case.
Personal injuries can be caused by motor vehicle accidents, medical malpractice, dog attacks, slip and falls, defective products, and any other circumstance where someone’s actions (or inactions) cause injury. The occurrence of a personal injury can be a frightening and devastating experience. Aside from the physical trauma, concerns will also arise pertaining to medical bills, missed time from work / loss of income, and other financial issues. Some of these damages may be recoverable, such as: current and future medical expenses, lost employment income, compensation for pain & suffering, legal costs, and any other out-of-pocket expenses incurred as a result of the injury. Whether you are a plaintiff or a defendant, you can take comfort in knowing that Daniel Freudman will work tirelessly to provide you with excellent professional representation. He will thoroughly examine your case and develop compelling legal arguments to be raised at trial. If you are involved in a personal injury matter, it is imperative that you contact a lawyer immediately, as there are several legal documents that must be served and filed within statutorily-prescribed deadlines.
Civil Litigation covers a wide variety of legal disputes and proceedings beyond those specifically mentioned in this section. Whether you are involved in judgment enforcement proceedings, contractor renovation disputes, defamation claims, or anything in between, Daniel Freudman can assist you. Daniel provides civil litigation services to clients within the GTA and across Ontario, including Brampton, Scarborough, Oshawa, Newmarket, Milton, Orangeville and Hamilton.

Call Daniel For a Free Initial Consultation at 647-771-2416

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