Are you wanting to learn about how to subpoena in Ontario? A subpoena is a legal order to deliver evidence. The common type is for a witness to testify. Other times it’s for someone to provide documents. Subpoenas can come from a judge or a lawyer. Subpoenas will often go to a third party. A lawyer might send a subpoena to a third party. It might explain in the order what kinds of documents are required.
If you receive a subpoena, you have to follow it. If you don’t, there can be severe legal issues. Sometimes you won’t have to appear in court. Instead, you might have to provide an affidavit. Otherwise, you might have to get examined during discovery.
It’s very hard to spell, but it can be very useful to use. Sometimes someone might have some key information. However, they don’t want to get involved in the lawsuit. The subpoena now becomes your best friend. Recently, one of our Toronto lawyers had to force an expert witness to appear in court. The witness didn’t get paid as much as they wanted in doing the expert report. Therefore, they refused to testified unless the client paid another $20,000! The Toronto lawyer thought… No way!
If the expert witness didn’t want to cooperate, then the lawyer would have to do a subpoena. It all worked out. If you need a lawyer to create the order for you, contact us below. We can connect you to a lawyer in Ontario. Our lawyers are in London, Ottawa, and Toronto.
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The Ontario lawyers can also provide services via Skype anywhere in the province. The subpoena is a fancy legal document that explains what you need. If you are hiring a real estate lawyer, you might be asking banks for documents. If they say no, the lawyer will need to get a court order. Without it, the bank won’t release information. We get requests all the time saying that some organizations won’t release documents. Sometimes the Ontario lawyers start with a demand letter. If that doesn’t work, then the lawyer will get the court order.
The subpoena will then be served on the company. There are some companies that focus on these types of agreements. They often work as process servers as well. The subpoena is sent under the authority and rules of the courts. If you ignore it, you can be in contempt of court. Sometimes the company might have to pay $500 for ignoring the subpoena.
What is An Ontario Subpoena?
If you don’t want to respond to the subpoena in Ontario, you can file something with the court. The law firm you hire can explain to the judge or master why you don’t want to respond. You might say that the documents are privileged and confidential. You don’t want to get sued for violating your confidentiality agreement. Your lawyer can file an objection to a subpoena, but you can’t ignore them. You will have to get approval from the courts not to respond.
It’s possible to go ahead and call the law firm that sent the documents to you. You can explain your deal and position to them. It is often very likely to be able to find some flexibility. There is no need to freak out if you get a legal letter. Common objections are if the request is too vague and isn’t clear what they want. There are also more legal objections that you can file. Speak to one of our Ontario lawyers to learn about what you can do.
You can either work it out yourself or get a judge or master to make a ruling. You can always sign a confidentiality agreement with the person that sent you the legal letter.
You can explain to the judge that you wanted the other side to protect you. You might have wanted them to hold you not liable for anything. Also, you might have wanted the person that sent the legal letter to destroy all the documents once the litigation is over.
Speak to a lawyer before you hand over the documents.
In conclusion, you can also watch videos on Youtube to learn more about Canadian law.
Author: Alistair Vigier is the CEO of ClearWay Law