Ontario Small Claims Court
We handle contract and legal document preparation for civil claims for $25,000 or less. We can draft, complete, revise, or assist in the preparation of a document that affects a party’s legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding. We represent both Plaintiff and Defendant claims from the initial filing to motion appearances, through settlement conference and to the end of trial. Enforcement of your claim is another process we can help you with.
Provincial Offences
The Ontario Provincial Offences Court deals with Provincial offences which are minor (non-criminal) offences that include, but are not limited to; speeding, careless driving, not wearing seat belt, failing to surrender insurance card or possessing a false or invalid insurance card, being intoxicated in a public place or selling alcohol to a minor, entering prohibited premises or failing to leave premises after being directed to do so, environment related violations, and Municipal by-laws violation like noise, parking and animal care. Most provincial offences charges result in out-of-court fine payments. If you are issued a ticket under the Provincial Offences Act, please read it carefully for your options.
Traffic Tickets
A traffic ticket costs you time and money. Let us handle your traffic ticket, and if there are reasonable circumstances in which you feel you are not guilty, we will take your ticket to trial and fight it for you. The demerit point system is aimed to hold drivers responsible for their actions on the road by assigning a certain number of points to the various types of traffic violations. The number of demerit points you receive depends upon the severity of the violation. Minor traffic violations such as a basic speeding ticket or running a red light have the lowest demerit point value, usually 2-3 demerit points. More serious violations such as careless driving or leaving the scene of an accident can carry very high demerit point values, up to 7 points. As a full driver, if you have 15+ points; your license will be suspended for 30 days and you will be asked to surrender your license. If you do not surrender your license, you can lose your license for up to two years. The consequences of getting demerit points can include higher car insurance costs and even the loss of your license if you accumulate too many of these points.
Failing to stop when signalled bt a Police Officer.
Following too closely.
Failing to stop for a school bus.
Failing to obey a stop sign.
(for bus drivers only)
Summary Criminal Offences
Summary conviction procedure means the person gets to court quickly. A judge hears summary conviction cases in the Provincial Court. There is no choice of court nor is there a right to a jury trial. This type of offence is typically of a less severe nature including; assault, battery, and false imprisonment. Generally, the maximum punishment is a fine of up to $2,000, a jail term of up to six months, or both. The offence of sexual assault carries a maximum jail sentence of 18 months. We handle these matters by gathering facts, filing any necessary interim application, examination for discovery, preparation for trial day and the trial itself.
Under the Criminal Code, for summary conviction matters where the maximum theft amount is under $5,000 or possession of stolen property under $5,000, the penalty is a $2,000 fine or imprisonment to a maximum of 6 months, or both, for offences such as; fraud, forgery, making false statements, indecent acts, public nudity, prostitution, causing disturbance, assault, possession of a weapon, mischief regarding property and cruelty to animals.
Immigration Appeals
The Immigration Appeal Division (IAD) hears appeals on immigration matters such as appeals from refused sponsorship applications and from removal orders. IAD hears four types of appeals; Sponsorship appeal, Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB Immigration Division, Residency obligation appeal and Minister's appeal of an ID decision.
Landlord and Tenant Board
If you are a landlord that has a tenant that you have trouble evicting or you are a tenant who feels your landlord is not treating you fairly, let us help you and represent your case. We will prepare appropriate forms, serve the opposing party as required by the RTA, file with the Tribunal, schedule a hearing date, serve the necessary documents as required by the RTA, negotiate mediated settlements, prepare and attending hearing, obtain judgments and attend with the Sheriff at the evictions.
Workplace Safety and Insurance Board(WSIB)
If you have a WSIB or CPP disability benefit claim that you feel was unjustly denied, or feel that you have a legitimate claim for benefits or services that you are not getting, we can help. You need an experienced workers advocate to help you through the system or to appeal your claims decisions. Injured workers have rights and there are benefits and services that you may be entitled to.
We can pursue your claim and assist you; from the adjudication level to the Workplace Safety and Insurance Appeals Tribunal, CPP Review Tribunal or Pensions Appeal Board.
Statutory Accident Benefits and Financial Service Commission of Ontario (FSCO)
All automobile policies in Ontario have included statutory accident benefits coverage. The accident benefits you are entitled to following a car accident injury, even if the accident was your fault, include; Income replacement. Non-earner benefit, Caregiver benefit, Housekeeping benefit, Attendant care benefit, Medical and rehabilitation expenses.
Even with these rights, injured persons must still manage the complexities of accident benefits claims in order to obtain the compensation and benefits they need and are owed from the Ontario Motor Vehicle Accident Claims Fund. Accident victims understandably often have the impression that the accident benefits process is simple, but usually it is not. At Legist Legal Services, we use our expertise regarding accident benefits law to help you receive income replacement benefits, caregiver benefits, necessary therapy, housekeeping, attendant care benefits and any home modifications to which you may be entitled. By vigorously protecting your rights against insurance companies before the courts and the Financial Services Commission of Ontario, we can relieve you of stress and confusion associated with the no-fault benefit insurance system and help you obtain the full compensation to which you are entitled.
Commissioners for taking Affidavits and Oaths
A Commissioner of Oaths is an official authorized by the Ontario Provincial Legislation to take oaths or affirmations in regards to legal documents or statements. A Commissioner administers the oath or affirmation of the person swearing or affirming that the affidavit is true. The Commissioner then signs the document to verify he saw the document being signed and that he had administered the oath/affirmation. Our firm offers this service on a mobile basis. We can meet you at a location that is convenient to you to have your document sworn or affirmed.
Process Serving
We have a network of process servers all over southern Ontario to assist in serving your legal documents. The rates are competitive and quotes can be provided prior to retaining our services.
Legal Strategy & Research
Some clients are pretty confident that they can handle much of the process on their own. However, because of their lack of legal training they require assistance in how to navigate the situation. Through in depth interviews, a review of all the relevant documentation, facts gathering and through legal research, we can provide you with the necessary tools to present your case and give you the greater chance of success.
Legal Correspondence/Demand Letters
In an ongoing proceeding, when you require assistance in contacting a party or replying to correspondence you received in connection with a legal matter, we can help. It can be intimidating to prepare a response to a lawyer, paralegal or opposing party when you don’t know exactly what you should say or what information you should divulge. We can assist you by preparing necessary correspondence.
Preparation of Pleadings
The most important part of any legal action is the pleadings. The way you word your claim and the information and documentation you provide to the court and the opposing party at the outset can significantly increase your chances of success. Properly preparing your claim is the most important part of the process. We can assist you in making sure you include all the correct information and documents. However, if you are in the middle of an action and need assistance in preparing a motion, procedural documents or affidavits, we can also assist you in that regard. Most of these services are completed on a flat rate basis.
Court Attendances
If you are in the middle of a court action and decide that you may want assistance in the courtroom, we can be retained for the sole purpose of attending the following types of hearings: Motions, Settlement Conferences, Terms of Payment Hearings, Assessment Hearings, Trials, and Garnishment Hearings.
Motion Hearings
A motion hearing is a process that is used to make a request to a judge for an order. You can “make a motion” to ask for an order to resolve an issue in the case, get direction on how to proceed in the case or change an order that has already been made. Motions can be very helpful to the parties in a dispute. However, depending on the stage of the proceeding, motions may also lead to the case taking longer.
Settlement Conferences
A settlement conference provides both parties in a legal dispute with the opportunity to sit with a judicial officer to explore ways to settle their case without going to trial. The purpose of a settlement conference is to resolve or narrow down the issues in the action and to help to resolve the dispute faster, encourage settlement of the action. We can assist you with effective trial preparation; and provide full disclosure between the parties of the relevant facts and evidence.
Enforcement of a Judgement
A writ of seizure and sale is the usual method of enforcing a judgment or court order in Ontario. A writ is a document that is issued by a court to an Ontario sheriff. Once filed with a sheriff’s office, the writ allows a judgment creditor to direct a sheriff to seize and sell real estate and personal property owned by the debtor in order to satisfy the creditor’s judgment. We can assist you with this process by preparing and serving the necessary documentation to everyone concerned including garnishment requests.