Are you looking for a top business law lawyer? We have experienced business lawyers in Vancouver and Toronto. These lawyers can assist you anywhere in BC or Ontario. They can also go to court for you and fight to win the lawsuit. Business lawsuits normally mean fighting over a lot of money. So it’s important to hire a top lawyer. Don’t hire a lawyer that rarely does corporate law.
You work hard on your business, and you don’t want to have to shut it down. The facts show that most businesses fail. And there are a few good reasons why businesses fail:
Chances are you put a lot of effort into your product or service. You also probably care a lot about marketing. People care less about accounting, taxes, and business law. This is a massive mistake. Don’t be part of the 90% of businesses that fail.
Most people think of lawsuits that are very stressful and full of drama. The reality is that lawsuits can and do right wrongs. When a company or person does something that causes harm to others, there must be consequences. Further, it’s important to know about lawsuits so that you are not afraid of them.
Lawsuits are part of the civil process. It involves two different parties and one party is trying to get compensation awarded to them for damages caused. Civil torts are also a common reason why lawsuits are started. It’s simply something that is not a crime but caused harm to someone anyway. The most common type of tort is personal injury. BC Courts have recently created new rules to disallow personal injury trials.
Sometimes the line between a tort and a crime might be very thin. If someone breaks a contract and doesn’t pay back the money, that might be a tort (contract dispute.) If they did this on purpose, it might be fraud, which is criminal law. You cannot sue someone for a criminal act, but you can sue for torts.
Normally the end goal of a lawsuit is to get compensated. You should be put in the same position that you were in before the wrong happened. Also, you might receive special costs or be awarded punitive damages.
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You should always speak to a lawyer before filing a lawsuit. Further, once you file the lawsuit, you normally won’t be able to get out of it without paying the other side’s legal fees. If you withdraw your complaint, the other side will likely get an order that you must pay for their legal fees. Many people spend ten’s of thousands on a lawsuit, so this could be a big sum of money.
Keep in mind that you also might be countersued. This means that they will file a lawsuit right back at you. If you drop your claim, then you become the defendant by counterclaim. The other side becomes the plaintiff by counterclaim. Basically, the tables have turned.
A lawsuit is started when someone files a notice of civil claim. It requires all your factual statements about what happened. It also explains the damages that you incurred. Further, it explains that this court is the correct court to hear your dispute. In business law, there might be business happening in multiple provinces or even countries. It’s not always clear which court has the power to make decisions over the dispute. That is why it’s important to have a clause in the agreement over which court will hear disputes. Further, many contracts use arbitration to resolve their legal matters.
At the end of the notice of civil claim, you will provide a legal statement about how the laws apply to the facts. Most non-lawyers have no idea how to do this. Judges look at how other judges dealt with similar cases. Further, that is the common-law system that countries like Canada, Australia, New Zealand, and the United Kingdom use. Therefore, whoever can make the best argument for a similar case decision to the judge will often win the lawsuit.
The other side will get served with your notice of civil claim. Further, they will have to respond within a certain period of time. If they do not respond, you can file a request for default. If they do respond, they will respond with the reply to a notice of civil claim, or a motion to dismiss.
When they file a motion to dismiss, it means that they believe there is something wrong with your lawsuit. It might be that you filed the claim after the two year limitation period was over. For the most part, people need to start a lawsuit within two years.
The person who files the complaint is called the plaintiff. The person who responds to the complaint is called the defendant.
When the defendant replies to the claim, they can admit certain facts, and deny other facts. In any lawsuit, there will be certain things that both sides agree to. There will be key parts to the lawsuits where both sides will disagree.
In conclusion, if you want to learn more about law, see our videos.
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