An affidavit is a sworn statement that can be used as evidence in a case, on a motion or at trial. The process of completing an affidavit involves writing out the facts that you are attesting to and swearing the contents to be true in front of a Commissioner of Oaths (e.g. a lawyer). While most people think of oral testimony when they think of evidence, there is a wide variety of circumstances where an affidavit can be entered as evidence without calling the person who swore it to testify.
Small claims courts have limited jurisdiction to hear civil cases between private litigants. Courts authorized to try small claims may also have other judicial functions. In Ontario, a small claims court enables many plaintiffs to take their own case to court. It provides a simplified forum for self-represented individuals to sue on their own without a lawyer. The trial procedures are simplified, the timelines are shortened, and the pleadings are made so that anyone, with or without legal experience, can understand them. The maximum that a person can sue for in a small claims court is $35,000. One key difference between the regular Superior Court procedure and a small claims court procedure is that there is no examination for discovery. After pleadings have been exchanged, there is a pre-trial conference and then the case goes straight to trial.
Mediation is a process where an impartial third-party assists disputing parties in resolving conflict through the use of negotiation techniques. All participants in mediation are encouraged to actively participate in the process. The purpose of a mediation is to help parties reach a settlement promptly and effectively.
Product liability refers to bodily injury or property damage arising out of products that a business distributes, supplies, or manufactures. While manufacturers and distributors of products are not required to give owners a guarantee of product safety, they may still be liable when that product results in unexpected, serious, and preventable harm.
A tort, in common law jurisdiction, is a civil wrongdoing that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. If you are the victim of an accident, you can pursue the at-fault party for compensation (usually provided by their insurance company). With car accident tort claims, there are several obstacles you need to overcome, such as exceeding a statutory deductible of almost $40,000! You must also prove that your injuries meet a ‘threshold’ by proving that your they caused a permanent and serious impairment of an important physical, mental, or psychological function. This is one of the many reasons you should hire a personal injury lawyer to help you navigate these complex claims..