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There are many times in our lives when we experience problems that are beyond our grasp, where we need to speak to a professional. If your car breaks down, you want a mechanic. If furnace dies, you need an HVAC (Heating, Ventilation and Air Conditioning) technician. If you develop health issues, you turn to your Family Doctor. In the legal system, you have a broader choice of legal representation for many matters in Ontario. In Ontario, you can choose to hire a Lawyer or a Paralegal. As technology advances and we become more and more specialized in what we do, it becomes easier for each of us to understand the value of knowledge. Like your auto mechanic, your family doctor or your HVAC technician, lawyers and paralegals offer specialized knowledge that can help you resolve your legal problems. Invictus Legal LLP is owned and operated by experienced paralegals that have practiced in the province of Ontario. We also connect to lawyers that may be able to assist you in resolving legal issues that as paralegals, we cannot become directly involved in. Many of us begin our searches on Google, which may or may not be a good source to address your problem. Many legal blog sites may include references to situations that are similar to yours, but you may not know for sure until you speak to one of us. Depending on your issue, a paralegal may be the legal professional you need. For example, if you have a matter with any federal or provincial tribunal, each of which deal with a variety of matters (such as disability appeals, human rights, educational issues, criminal injuries compensation or the reinstatement of a license), a paralegal can probably help you. If you are a landlord or a tenant, a paralegal can represent you before the Landlord and Tenant Board. If you have a legal claim of $35,000.00 or under, a paralegal can take your matter through small claims court, or defend you in the same. There are also a number of offences dealing with traffic tickets, suspension of your driver’s license, or offences of other provincial law, that are heard in Provincial Offences Court. Paralegals can represent you there as well. Paralegals can also defend you or resolve criminal charges that are summary in nature and do not include a jail term of more than six months, or five thousand dollars in fines. If you are looking for a divorce, a separation agreement or to seek custody of your children, this is a family law matter. Paralegals at this time cannot help you. Similarly, if you are purchasing a real property, wanting to update a will or to pursue a litigation claim that is much higher than $35,000.00, you will need to seek a lawyer. In certain cases, a claim above $35,000.00 can be dealt with by a paralegal, using the rules of the Small Claims Court, but a case review would be required. The Law Society of Ontario runs a free legal referral service , where once you complete the form, a lawyer or paralegal’s name will be given to you, which will provide a half hour free consultation. Elsewhere on this website, there is an article on what you could do to prepare for your consultation, regardless of what your legal issue is. The more prepared you are for your consultation, the better the advice you will receive. After your discussion with a legal professional, you may decide that you need legal representation. You may only need assistance with part of your issues, but not all of it. This is what we call a limited scope retainer. Our office offers this to many clients. You may also feel comfortable with proceeding on your own, but with the coaching and ongoing advice of somebody. In certain cases, we can help you with this. In any case, your consultation should provide you with clear options as to what your rights and obligations might be, and what possible methods of resolution might be available to you. Professionally, Invictus Legal LLP provides services in many advocacy areas. including Small Claims, Landlord/Tenant, Provincial Offences (including Highway Traffic Act matters), as well as other Tribunals (such as Human Rights Tribunal of Ontario, Workplace Safety and Insurance Board/Workplace Safety and Insurance Appeals Tribunal, Criminal Injuries Compensation Board, Social Benefits Tribunal, among many others). We do not accept all clients within our chosen areas of practice, as the fit has to work both ways. As we have practiced and grown in our profession, we do our evaluation of cases before us based on chances of success, complexity of the matter, private interests (of the client) and public interest, as well as numerous other factors. When should you choose to seek legal assistance? Early. As soon as you identify a potential problem. This is very important because there are sometimes tight time frames within which you must file notice of action or a claim. You can get a free consultation. Most legal professionals will offer one. It is also available through the Law Society Referral Service.  Invictus Legal LLP

Introduction The Province of Ontario called a state of emergency on March 16, 2020. A staged lock-down of the Province’s normal activities of business was called to contain the COVID-19 virus. Among other tribunals, the Landlord and Tenant Board closed its doors to many of its services. However, the Board still conducts telephone hearings and accepts new Applications. The enforcement of evictions through the Sheriff is suspended. The activities of the Board appear to be ground to a halt. How This Impacts Landlords As soon as the pandemic began and our economy began to shut down, many tenants across Ontario lost their jobs. It was evident that many would be unable to pay their rent in April 2020. A tenant movement across the province encouraged people to “keep their rent”, while our economy shut down. Many small landlords have called our office for help. What is Available During the Board’s Shutdown? Just because the Board is shut down, it does not mean that rent is no longer owed and payable. If you have a Tenant who stops paying rent at any time, before or after April 1, 2020, you can issue an N4. In fact, we recommend that Landlords continue to issue Notices as required when Tenants test their limits. At the same time, if non-payments only began after the pandemic , it might be a good idea to invite your Tenant to discuss the rent with you. This is a time that you may wish to give your Tenant a break by either deferring all or part of the rent and allowing them to make it up later. If you choose to do this, ask the Tenant how they have been impacted by the virus and make a temporary agreement. We recommend that any agreement made be reduced to writing. The reason for this is to avoid any misunderstandings when the pandemic lifts. What if My Tenant Refuses to Cooperate or is Causing Problems? If an Agreement is made and your Tenant continues to fail to pay, you can still file an L1 Application. Even without Hearings scheduled, this protects your place in line for when the Board re-opens. Sooner or later, a date will be set. This also will show your Tenant that you are serious about collecting the monies owed. If your Tenant is interfering with somebody’s rights or creating safety issues, you need to document this conduct. It is very important to gather information about dates, times, witnesses and how the Tenant or Tenants interfered. Notices on issues outside of rent arrears can be complex. This is where you might wish to consult with us to assist you in drafting these Notices to ensure they are clear and effective. What Happens if There is a Safety or Legal Issue at the Rental Unit? Many Landlords fear that Tenants might see a suspension on evictions as an invitation to test their limits. In some cases, Tenants conduct themselves in a way as to bring harm or safety issues to others in residential complex or the Landlord. Others may persist or escalate their conduct to such an extent that Police get involved and others are put into a vulnerable position. Fortunately, the Board has a process where either a new or an existing Application can be processed for an Urgent Hearing . The Board created forms that can be used in these exceptional circumstances, particularly when an eviction can’t wait. Ask your legal representatives at Invictus Legal LLP if your case might fit. Is There Anything I Can Do Until the Pandemic is Over? Notices can be issued and served. Applications can be filed under any category. Mediation in certain cases can be arranged by telephone between the Parties and a Hearings Officer at the Board. Our office can assist you in all of these issues.  Please note that in person client meetings are limited at this point, but our office is equipped to meet by phone, email or even video in some cases to assist clients in getting their questions answered and work done. Feel free to call us or send an email to us to see if we can help you with your matter.

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What Are Statutory Accident Benefits? Statutory Accident Benefits (or SABS) provides “no fault” insurance coverage to accident victims after a motor vehicle accident. You do not have to be a driver of a motor vehicle to receive it. You can also be a passenger, a pedestrian or using public transit at the time. The benefits are set out to pay for medical, financial and certain other costs related to your injuries. SABS is part of a mixed no fault/tort liability system, whereby SABS is the ‘no fault’ benefit. For those more seriously injured, there is the tort system. Under tort, an accident victim sues the other driver to augment SABS and to receive other “damages” in tort. In order to sue, you must meet what the courts call “threshold”, which is beyond the discussion here. SABS benefits are paid for through your automobile insurance policy. If you do not drive or carry a policy of your own, you must use your spouse’s policy or the policy of the driver of the vehicle you were in. If you were a pedestrian and have no collateral coverage, the driver of the vehicle that hit you is the policy you claim against. If the ‘other driver’ is not insured, you must claim through the Motor Vehicle Accident Claims Fund. Who Gets Statutory Accident Benefits? Anybody who was involved in a motor vehicle collision can submit an OCF-3 (disability certificate) signed by a medical practitioner to make a claim. If somebody died, there is a death benefit available to the person’s direct dependents. To claim these benefits, one must contact their own insurance company (or as above stated, the insurance policy nearest you) to request an Accident Benefits Package within thirty (30) days of the accident. Often, you will meet with a representative appointed by the insurance company shortly after you make your claim. They will take what is called a Statutory Declaration. You may wish to consult legal advice before making this statement. This is a full statement as to what happened, how the accident affected you, what losses you suffered, any witnesses and ongoing medical needs. The claimant then needs to make an election. The election is more complicated since September 2010, where prior to one had the choice of electing to claim benefits as an Earner, a Non-Earner or a Caregiver. After September 2010, the designation was Earner and Non-Earner. If you are the insured person and you and you paid a special premium on your policy known as ‘optimal coverage’, you have greater entitlements. If you do not hold a policy of insurance and are a victim, you only get basic coverage. What is Basic Coverage? Advocates criticize the new SABS policy because it delivers fewer benefits and they are much harder to get. After a claim is made, if it is not obvious to the insurance company that you are more seriously injured, you will be placed in the Mild Injury Guideline (MIG). This category limits your claim to $3,500 in medical/rehabilitation benefits. At the time this was put into place, those diagnosed with a whiplash II (or WAD II category) or less were placed in this category. This is based on faulty assumptions that people in the MIG require less time to completely recover. However, if you have prior medical conditions that can impact on your recovery time, you can provide this information and get removed from the MIG. This also applies if you can prove there are psychological damages. Moreover, those that do manage to leave the MIG are only entitled to a combined total of med/rehab benefits and attendant care up to a limit of $65,000. Prior to 2010, these limits were $100,000 and $35,000 respectively. Housekeeping and Home Maintenance Benefits and Caregiver coverage have been slashed. They are only available to persons who are considered “catastrophic” or who purchased ‘optimal coverage’. What is Income Replacement Benefits? If you lost earnings due to your accident, there is a one week “deductible” or waiting period. If you lost more than a week’s earnings, you need to provide pay stubs, tax returns, among other documentation. You also need to submit an Employer’s Statement if you are employed. Basic coverage is 85% of up to $400 per week in coverage. If you purchased ‘optimal coverage’, this can extend to up to $1,000 per week. These benefits continue for up to 104 weeks, after which you must meet a stricter test of your inability to work. If you were not working at the time of the accident, Non-Earner Benefits are available if you are unable to carry out your ‘normal activities’. This is defined as what you were able to do before the accident, when compared to after. These Benefits are harder to get these days than they have been prior to 2010, but there is a shorter wait period. How Does Your Insurance Company Test Your Eligibility for Benefits? Upon making an election, you may start to receive benefits right away. For medical/rehab benefits, you need to meet with a treatment provider and have them complete a “treatment plan” (OCF-18). However, sooner more often than later, your insurer will send you for what is called an Insurer’s Medical Examination. This is covered by the insurance company. Your costs may be covered in some cases. You are required to attend these examinations, or you can be cut off your insurance claim for non-compliance. You will be sent to a medical examiner who has not treated you in the past who will evaluate you for your claim. A report is then sent to your insurer and your insurance company then sends you a decision as to whether to continue to cover your benefit or to deny it. In some cases, you may wish to request an IME to take you out of the MIG. The cost of this is included in your $3,500, so be careful if you wish to do this. You may also supplement this application with documentation from your own treating physicians. What Happens if the Insurance Company Denies Benefits or Cuts Me Off? If you are cut off of your medical/rehab benefits, income replacement benefits or any other benefit, you have the right to challenge the insurance company’s decision. This is brought through a tribunal called the License Appeals Tribunal (or the LAT). Prior to the recent changes, the Financial Services Commission of Ontario (or FSCO) handled these disputes. FSCO still handles claims brought the Motor Vehicle Accident Claims Fund. The LAT has its own rules of procedure for dealing with disputes for those disputing denials from insurance companies. The section of the LAT that deals with these claims is called the Automobile Accident Benefits Service (AABS). If you plan on filing an appeal, it is best that you ensure that you made sufficient claims and/or treatment requests and have undergone treatment. The date of submission of your denied treatment plan must not be more than ten days of the insurance company’s denial. In order to be eligible to file an appeal, you must show a treatment plan (OCF-18) was submitted and then denied by the insurance company. Other costs, such as Housekeeping and Home Maintenance and Caregiver Benefits must be shown be incurred, meaning you paid for them or somebody has taken the economic hit to care for your children. It is also best if you have your own treatment providers back your claims and put these opinions in writing. The appeals process for insurance disputes of this kind can be complicated, so it is best to seek competent legal advice from a lawyer or paralegal before proceeding. Invictus Legal LLP has somebody that can advise in these areas .

Introduction If you are reading this, you might be wondering if what you are experiencing can be considered “workplace harassment” or “workplace bullying”. Most of us heard about it discussed in the news, reports of people getting charged with harassing somebody they worked with, or heard others complain about getting “harassed” at work. Maybe you are experiencing something at work or in your workplace that is bothering you, worrying you or creating a major sense of tension. First, let’s review what workplace harassment is. What Workplace Harassment Is and What It Is Not Depending on where you look, workplace ‘harassment’ has many different components. There are many laws that cover different forms of workplace harassment and obligate one’s employer to address particular types of harassment. For the sake of simplicity, we will not be covering the details of various acts and leading cases that helped define where the line is drawn between ‘workplace discipline’ and ‘workplace harassment’, although we will continue to provide further articles under the heading of Employment Law over time to assist readers in understanding issues about “workplace harassment”, among many other issues connected to employment and your workplace environment. On its own, workplace harassment and bullying is not: Providing a less than stellar performance review; Providing constructive criticism about how you are carrying out an essential duty of your job (if there is something that can be taught, changed or improved); Requesting that you perform some aspect of your job that is clearly within your job description and is reasonable for you to carry it out at the time; Providing progressive discipline for performance or conduct issues (e.g. lateness, absenteeism, missing deadlines, conduct on the job or in situations where it may be reasonable that you are representing the company, such as at a conference or perhaps not meeting minimum expectations after given time to improve); Disagreeing with you about a key aspect of your work and deciding that the company will not support your position (within reason); and Actual disciplinary or termination proceedings with cause, or after a series of reasonable warnings, etc. However, many of these elements may be part of an environment where you are also subjected to ongoing harassment or bullying, examples of which are outlined below. In general, workplace harassment is defined as an engagement in any act, course of vexatious comments or conduct towards a worker that the one engaging knows or reasonably should know that the act, comments or conduct is unwelcome to the worker. To define this conduct as harassment, the conduct, comments or actions should be something that is repeated, persistent or even escalating over time. An employee’s attempt to stand up to the perpetrator is often met with threats against them in their job, such as disciplinary action or outright termination. Harassment can appear in different forms, such as a sexual nature, particularly if the person engaging in this conduct is in a supervisory or influential position over the worker’s position with the company. It doesn’t have to be a direct supervisor, but it can be anybody that has the ability to adversely influence the course of one’s future employment. However, there are many other forms of harassment that might not be sexual in character. For example, your employer may openly attack your work in front of colleagues, set unreasonable standards on your work, deliberately leave you out of discussions concerning your job, or spread unfavourable and untruthful gossip among your colleagues about you. Some of this harassment can cross the line into bullying, examples of which can be where your supervisor or manager unilaterally and significantly change your working conditions, e.g. adding a major commute you did not have before to your “new” position at another location they suddenly want to send you (with no added compensation or appropriate notice/discussion), removing significant areas of your authority that you previously had (and unilaterally giving these decisions to somebody else), constantly criticizing or berating your work or professionalism in a public manner (e.g. in front of coworkers or other colleagues). Other forms of harassment and bullying can be simply allowing or condoning coworkers to ostracize you or create a “poisonous” environment. At times, there can be outright violence in a workplace, condoned by the employer. Again, the telling characteristic of this type of harassment is that it is not a single incident, but something that is often repeated and at times, escalating over time or when the perpetrator is challenged. It is evident that you are likely being harassed and bullied that if you challenge the conduct of the individual concerned, that reprisal from the perpetrator is often immediate and severe. For example, if you are being exposed to constant criticism, belittled and many of your responsibilities unilaterally removed, and you choose to stand up to the perpetrator or to their manager, your job is suddenly at risk or more severe harassment is engaged in by the perpetrator or others in an attempt to get you to quit. In addition to protecting you from (and not engaging in) harassment and bullying, your employer is also obligated to protect you on the job or worksite from others that may interact with your workplace, legitimately or otherwise, who can impact on your personal safety and security. Your workplace is also responsible for setting policies and procedures in place to prevent others from coming onsite to harass, threaten, injure or otherwise cause distress to you. These people can include angry, disgruntled customers, an ex-spouse seeking to confront you at your workplace, or others whom may intend to injure or harm you and/or others at the workplace. Your workplace should also provide training to all of its staff as to how to handle people that may be disruptive, potentially violent onsite or even over the phone or other communications. I Believe I May Have Been Harassed/Bullied. What Can I Do About It? Obligations of Employers All businesses must have a policy that protects its workers and the workplace (which can also include work being done for the employer off site as well) from harassment, bullying and potential acts of violence, and in companies of a certain size, a step by step protocol needs to be set out to deal with the alleged harassment, bullying and violence. In many cases, an employer can retain the services of a lawyer, a labour consultant or human resources consultant to conduct a workplace investigation. How a workplace investigation is carried out is very specific in how information is solicited and what the rights of different parties are during such an investigation. In general, an employee can utilize the steps spelled out in the workplace policy. Such a policy should be known and made available as needed to all staff and supervisors and managers. The contents of such a policy might vary considering the size of the company, number of locations, nature of its business, organizational structure and areas of vulnerability. Areas of vulnerability are where workers can be more prone to be exposed to violence (e.g. working alone at a convenience store, protecting valuable or sensitive property, providing transportation of persons or goods, working with a specifically volatile client group such as persons with addictions or mental illness, etc.). Dealing with harassment and bullying also needs to be dealt with in a companion policy, as such incidents are more likely to happen within the workplace and are reported internally. If your employer does not have such a policy and is of a certain size or larger, a complaint can be filed with the Minister of Labour. The Ministry can investigate the lack of a policy and/or relevance of a “policy” for workplace harassment, although they could not make orders as to the specific form and content of such policy or the merits of any particular complaint a worker may have for such a policy to be applied to. If your employer does have a policy about harassment and bullying, you may wish to follow its protocol. Once the initial report or complaint is filed, your employer must take steps to follow through on your complaint by either investigating it or bringing in an outside party to assist with this. After the investigation is complete, you should be made aware of what the findings were and what will be done, if anything. If you have a union representing you in your workplace, you should also file a grievance. Your union would also be familiar with your workplace policies and unionized workers have the right to have a union representative attend any meetings they have with management with respect to any workplace issue. A worker can insist on having their union representative in attendance before any such meeting starts. A union representative can also assist you with filing any grievances that might arise from alleged violations of this policy. A later article will detail how to deal with your union and what happens if they fail to help you, or if they become part of the harassment. What Can I Do if I Am Not in a Union? If you are not in a union, you need to do the following: 1. Do not quit or resign from your job. If you quit or resign at this point, it will be harder to prove your case. You may also lose access to extended termination pay and other payments. 2. Do seek legal advice immediately. This will help you protect your rights in the event you might be immediately put at risk. 3. Continue to go to work as long as you can tolerate it. While you are there, document everything. Start a log. Get copies of any emails sent to you, sent by you and other letters or documentation that you have access to at this time. Keep a timeline of what happened, dates it happened, who was involved, etc. 4. Keep your files and copies of emails, documents, your personal work reviews, etc. at home and not at your workplace. 5. If you can no longer tolerate your workplace, you need to go on leave. Your employer cannot stop you from going on “sick leave”. Make sure you visit with your doctor, get appropriate medical care and a request for sick leave for a specific period of time (due to stress at work, whatever). Apply for any benefits your employer offers, such as short-term disability (as you are probably very distressed and mentally fragile if you have to leave the workplace situation). If your employer doesn’t offer short term disability benefits, apply for EI sick benefits . 6. If you need more time away from work, your doctor can extend your leave. 7. If your employer decides to terminate you, or harass you while you are on sick leave or tries to make things further difficult for you, they are only getting themselves deeper into trouble and you might be able to claim additional damages in a claim against them. However, your employer can inquire as to a return date if your doctor’s stated leave period is almost up and you did not renew. Cooperate with your benefits provider and/or EI as to any further information they require. What Happens Next? Sooner or later, something will happen, where you will need to seek legal help. You can file an immediate claim for constructive termination. The courts have allowed claims for “constructive termination” in situations where the employer does not actually terminate the employment relationship, but the situation is dealt with circumstantially as though you had actually been fired. This happens in defined cases (as set out by the courts) where an employee has been bullied and harassed to the point where it is impossible for the employee to continue working at their employment. If you wish to pursue this angle, legal advice is necessary. If you are in a smaller workplace and the only “manager” is your boss and your boss is doing the harassing and bullying, there are other steps you may take. If you followed the employer’s protocol and policy with no resolution to your issue, you have other options as well. One might be a complaint to the Ministry of Labour, but as stated above, the inspectors are only empowered to ensure your employer has a policy that deals with harassment and bullying, but will not ascertain its effectiveness or adjudicate the merits of your case. However, if you believe your employer violated any specific area of the employment standards law, such as unpaid wages, overtime, refusing personal days off, etc. and has threatened you or committed any type of reprisal against you for trying to enforce your rights, you can complain to the Ministry of Labour about the specific violations themselves (e.g. such as not getting paid for overtime, not re-hiring you after a pregnancy leave, refusing personal leave days, etc.). If you are unsure if your employer is following the law, contacting the Ministry might be a good first step. If you wish to proceed this way, it might be a good idea to seek legal advice prior to filing a complaint of this type because you may be barred from other types of litigation. If the workplace bullying or an act of violence at work led to significant mental and psychological distress, you may also have a separate claim under the Workplace Safety & Insurance Act (WSIA) (as some types of mental distress claims can be deemed eligible for compensation under this Act). However, a claim under this Act arises from very specific circumstances and legal advice is necessary if you are considering a claim under WSIA. If you believe that your employer has harassed or bullied you because of a specific personal characteristic, such as your sexual orientation, your mental or physical disability, your gender or for related reasons, you may have a case under the Human Rights Code. If the nature of the attacks do not appear to be related to anything on human rights grounds, but are still nevertheless distressing or even lead to constructive or actual termination, there is also the potential for civil litigation in court.  Because employment law and the different ways of enforcing your rights is very complex, it is best to seek legal advice to discuss which avenue would work best for you. This is also important because many times, you are not allowed to have your case heard through more than one forum. For example, in most cases if you are taking your employer to court, you cannot also go through another avenue such as Employment Standards Branch. In other cases, it may be advisable to use the Human Rights Tribunal if you feel the major concern is that you were harassed or discriminated against on the basis of personal characteristics, such as your gender, racial/ethnic background or disability. Because of varying limitation periods, notice requirements, as well as other procedural issues, it is best that if you feel your case might fall under ‘workplace harassment’ or ‘workplace bullying’, you contact us at Invictus Legal LLP to review your case with you in person.

Should I Sue in Small Claims Court? Something happens. You are fired from your job, purchase a car from somebody that did not actually own it or loan a friend some money they did not repay. Your first thought is to file a small claims suit against the person you feel owes you money. Do I Have A Case (for Small Claims Court)? As paralegals, we litigate a lot in small claims court. Small claims court can deal with many, but not all, claims under $35,000.00. Many times, another body, such as the Landlord and Tenant Board or License Appeals Tribunal have the jurisdiction to deal with your claim. In many cases, these other forums must be the place you file your claim and not small claims court. Paralegals can litigate in these other forums and we can tell you if the small claims court does not have the jurisdiction to help you. Most important, note that many types of actions cannot be decided in small claims court, even those that are not otherwise in the jurisdiction of a tribunal. Some examples of cases are listed below: If You Want to Force a Party to Do or NOT to do Something You cannot take somebody to small claims court to seek what is known as injunctive relief. If you want to do this, you generally need to file what is known as an APPLICATION to the Superior Court of Justice. Paralegals do not get involved in these kinds of cases. For example, if you want somebody to amend or take down a website, sell their condominium or force a company to re-issue shares to an aggrieved shareholder, these are heard in Superior Court. Small claims court, however, can order under limited circumstances something called a Writ of Delivery. This is usually an order for the return of a specific object, such as a motor vehicle, a musical instrument or even a family pet. If the Basis of Your Claim is to Order Specific Performance This court cannot order specific performance of a third party. Apart from enforcing a settlement agreement that came out of small claims (or a related forum that is enforceable in small claims court), this is not possible. However, you can seek damages for breach of contract on many grounds (unjust enrichment, breach of contract, interference with contractual relations). But, a small claims court will not order your employer to give you your job back, nor will they order the company next door to stop polluting your backyard. Issues That Fall Under Other Statutes with Legislated Jurisdiction You might be contesting something under the purview of the Family Law Act or disputing the essence of an estate. This is also done in the Superior Court or Ontario Court of Justice (Family Division). The small claims court will not give you your children back. This court will not resolve issues of equalization between you and a former spouse. You cannot get appointed to be an administrator of an estate, or set aside a will to dispute its meaning. However, if a will clearly states that you are entitled to monies under $35,000, you can sue the estate trustee for this money if it is not distributed in accordance to the will. Construction Liens Construction liens up until recently were strictly under the jurisdiction of the Superior Court. However, this is changing by way of the new Construction Act, where small claims court can be the forum to file such liens of value of $35,000 or under in jurisdiction. This is an evolving process , whereby a dispute resolution process is expected to be fully in place by October 2019. This list of exceptions is not exclusive. Contact our office today to see if your case fits the small claims court or another tribunal where we practice. I Have a Claim Under $35,000. Should I Sue? When we determine if we will take on a file, we consider a number of elements in your claim. First, do you have or can you easily obtain sufficient evidence to bring forward your claim? Such evidence would include a contract, witnesses, invoices, audio or video recordings, and photographs, among other things. Second, can you directly connect the party you wish to sue as being liable? Sometimes the answer is easy. The party is a former tenant, a person to whom you loaned money, a former employer or a municipality. Other times, it might not be as easily, particularly when a third party caused the party you believe is liable to commit the act. Third, can you easily find the person you wish to take to court? This involves knowing the proper name, spelling, last known address, possible occupation, among other things. Our office can assist you in finding the person to some extent, but there are other factors you need to consider. Does this person have any assets or sufficient income to cover the claim? The person may own their own house, but may have several creditors ahead of you in line if you were to win your case. They may drive a late-model vehicle, but they may be leasing it. Is your party working? Do you know if they earn sufficient income to cover your claim, even if you win? Is your party possibly bankrupt or involved in a consumer proposal? This information can be determined through our office to help you determine if it is worth your money and time. Does My Claim Have Merit? This is something that needs to be determined. This depends on the type of case you have, what evidence and if any limitation periods apply. In general, civil suits have a two-year limitation period, but this can differ in some cases. Often, the answer to whether your case has merit can be determined right away. As experienced litigation paralegals, we have seen many different types of cases over the years and know how the courts will see them. When faced with an unusual situation, we conduct case law research to determine if our arguments would be on point. It is important to go to court with a case that has strong merits. Some people have come to our office to ask us to sue just to force the other party to back down on something. Or they want to sue for the principle. As we have been in court many times, we know that courts penalize parties that bring frivolous, vexatious and meritless claims. Even a case with good merits can be brought forward and lost, mainly because of the credibility of witnesses, quality of evidence and so forth. Even if you believe the other party might get intimidated by your lawsuit, many will seek the advice of counsel and call your bluff. My Case Has Merit, and I Want to Proceed. Now What? If you wish to proceed with a meritorious claim, Invictus Legal LLP can assist you in many ways. If money is an issue, we can complete what is known as a limited-scope retainer. That means you might want us to act on the part of your action, but not all of it. We can draft your Plaintiff’s Claim, attend a settlement conference with you if you are already in court, or we can help you negotiate a settlement. The costs of full representation will also be discussed with you, as payment plans are available if required.

Invictus Legal LLP has a record of working with landlords and the local municipal governments to ensure you get your license.