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Civil Litigation
In its broadest sense,
civil litigation describes the process where an
individual brings an action to the court to redress
a grievance that he or she has. This individual
asks the court for relief against the damages,
harm or detriment that he or she has suffered
or is about to suffer at the hands of another.
The court has the responsibility of considering
the claim. The term "civil litigation"
defines the process where a court adjudicates
on these grievances.
There
are many specialized types of civil litigation
such as family law, debt collection, contract
enforcement, negligence and personal injury claims,
estate litigation, rights relating to real property,
employment law, and appearances before administrative
tribunals such as the Ontario Municipal Board,
etc.
There
are three very important aspects to every civil
litigation matter:
1.
The person who invokes the aid of the court must
show his or her claim is one the law will recognize.
He or she must have a cause of action.
2.
The person must prove the facts that establish
and support the cause of action to the satisfaction
of the court. This must be done in accordance
with the rules of evidence. The question of what
facts must be established to constitute a claim
or defense is the subject of substantive law.
The law of evidence deals with how those facts
are to be proved.
3.
The process of adjudication is governed by rules
of the court which set out the process by which
the dispute first comes to court and is brought
forward to a final resolution. These are the procedural
rules.
The
substantial law, the law of evidence and procedural
rules of adjudication have a close and intricate
connection. Our lawyers have extensive experience
in dealing with all aspects of civil litigation.
Your choice of legal counsel is a critical and
personal decision. The firm you select should
be committed to your needs.
Lawyers
at Pavey, Law, Wannop & Witteveen LLP
Michael
Wannop and Brian
Law provide services in the area of civil
litigation at our firm. Please contact us for
further information on what lawyer would best
suit your needs.
For Further Information
on the services provided
by our firm in the area of civil litigation, please
contact
us at (519)621-7260.
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