Full Suite Civil Litigation Services
Hummingbird Lawyers LLP provides our clients with a full range of experience, skill and expertise in civil and commercial litigation matters. Our legal team understands our clients’ best interests and we ensure that they receive the representation they need.
We are proud to represent a diverse group of clients, across every industry and sector, including publicly traded corporations, private family run businesses, and even on the individual level. Our civil litigation lawyer team can skillfully and strategically represent our clients’ best interests in even the most complex litigation matters.
Civil Litigation Toronto
Hummingbird civil litigation lawyers team in Toronto handles a wide range of litigation matters including but not limited to the following:
- Real Estate and Real Property Litigation
- Failed Residential Real Estate Transaction
- Property and Boundary Disputes
- Commercial Lease Disputes and Litigation
- Mortgage Enforcement
- Commercial and Contract Litigation
- Corporate Shareholder and Partnership Dispute Litigation
- Employment Law Litigation (Employer and Employee)
The ABC’s Of Civil Litigation
Our civil litigation team is accomplished through our years of experience, skill and high level of expertise. Hummingbird’s civil litigation team has experience in conducting both jury and non-jury trials. Our civil litigation team has been successful in actions and applications in Ontario’s Superior Court of Justice as well as appeals at the Ontario Court of Appeal. We have also successfully represented clients in arbitrations and tribunal hearings. No matter what level of court or type of litigation, you are in good hands with Hummingbird’s civil litigation team.
At Hummingbird Lawyers LLP, we understand that litigation ought to be a last resort rather than a first step. While our team works diligently to settle matters using alternative forms of dispute resolution and skillful negotiation, we recognize that sometimes litigation is the only way to resolve a contentious matter.
Our civil litigation team works tirelessly to develop a strong legal strategy to argue each case and we fight fearlessly and tenaciously for our clients every step of the way. Our team comes armed with strategic litigation techniques in order to obtain the best possible outcome for our clients.
We are committed to working alongside our clients and understanding their wants and needs within the particular dispute. We are committed to ensuring our clients receive the best possible representation we can provide. As your legal team, we are committed to advancing your claim or defense in the most effective way possible. Our team will be by your side to help navigate this challenging and stressful path every step of the way.
Our Litigation Services
Hummingbird Lawyers civil litigation team handles a wide range of real property, business/commercial litigation matters including but not limited to the following:
At Hummingbird Lawyers LLP, by having both real estate and litigation departments, we are able to combine forces to provide a focused practice area of real property litigation. Whether it is a failed residential real estate transaction, a commercial lease dispute, or an issue over property boundary lines or rights of easement, Hummingbird can help.
Residential Real Estate Litigation Our litigation lawyers represent both sellers and purchasers in failed residential real estate transactions and issues involving hidden defects. We will help you understand your rights and obligations, go over possible legal strategies, and work alongside you to help recover or minimize your losses.
Agreements of Purchase and Sale that cannot be fulfilled are most commonly a result of the buyer being unable to secure mortgage financing. We also represent large builders in this type of litigation at competitive bulk rate pricing, and offer a free consultation to builders to assist and guide them through the process.
Property and Boundary Disputes
- Encroachments — When a structure is built on another owner’s property, creating disputes between neighbours
- Adverse Possession — Claims arising from open, continuous occupation of another’s land over a significant period of time
- Easement Disputes — Disputes over rights to use another’s land for a specific purpose
- Property Line Disputes — Disagreements over the exact location of property boundaries
Commercial Lease Disputes We represent both tenants and landlords in disputes involving commercial lease agreements, including rent arrears, lease termination, maintenance obligations, and mortgage enforcement.
Contact Hummingbird Lawyers for assistance with any real estate or real property litigation matter.
Read More- Contract and Commercial Litigation
- Corporate Shareholder and Partnership Dispute Litigation
- Employment Law Litigation (Employer and Employee)
Our first priority is to provide you with a strategic, efficient and cost-effective resolution to the matter at hand. Hummingbird Lawyers LLP’s civil litigation team is by your side throughout the entire process.
If you are considering bringing a matter before the courts and looking for a civil litigation lawyer, please contact us for more information on our litigation services or complete the form below and someone will get back to you.
Litigation Law Frequently Asked Questions
Even if you “win” (obtain a judgment in your favour), you may have to enforce the judgment. In order for you to collect, the person/business must have one of the following:
money assets that can be seized and sold, or a debt owed to them by someone else (e.g. bank account, employment income) that can be garnished.
There may be other creditors who are already waiting to collect their judgments against the person/business. You may be able to find out by contacting your local credit bureau, enforcement office, land registry office, and/or court offices (a fee may be payable).
Even if the person/business does not have money now, you may be able to collect your judgment in the future.
You will need correct information about who you are suing to properly prepare and serve your claim and to enforce a judgment if you are successful.
For information about how to search a corporation or registered business name, contact us.
If the amount of your claim is worth less than or equal to $35,000, you can choose to use Small Claims Court because it is simpler and less expensive. However, if you choose Small Claims Court you cannot claim more than $35,000. You will have to give up any amount over $35,000 and cannot start a claim at a later date for the amount in excess of the $35,000.
Superior Court of Justice
If you are proceeding with a claim for more than $35,000, you must start your claim in the Superior Court of Justice.
The Superior Court of Justice deals with almost all types of civil cases except:
- Cases where a law says that the matter must go to a special government agency or tribunal. These include residential tenancy complaints, workers’ compensation matters and labour relations.
- Cases where the Federal Court has control. These include federal tax matters, immigration matters, and patents and trademarks.
Unless a statute or rule directs otherwise, you may commence your proceeding at any court office in Ontario. Note that a defendant may ask the court to have the case transferred to a different court location.
You will have to prove your case. Consider what witnesses and/or documents you have to support you. If you do not have supporting documents (e.g. you entered into a verbal agreement) or witnesses, your claim may still be successful. However, if it is just your word against the other person’s, it may be more difficult to prove your case.
Do you have a record of any payments, such as returned cheques or a clear recollection of what happened and when?
You will be required to include in your statement of claim a short, clear summary of the events that took place and the reasons you think you are entitled to judgment against the defendant.
Remember, the other party is able to respond to your claim and may give evidence that will affect the judge’s view of your entitlement.
There may be a time limit on how long you can wait before starting a lawsuit, which is set out in the Limitations Act. If you are uncertain about what limitation period applies to your case, give us a call and we can help.
Above and beyond legal fees, you will be required to pay for various services called ‘disbursements’. These include courier fees, document fees, and court fees amongst others. The cost of a lawsuit will vary from case to case, which is why we recommend you come in for a consultation with a civil litigation lawyer to get a better sense of costs.
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