Litigation Law
Civil Litigation Lawyers Mississauga – When Experience & Trust Matters
Civil Litigation lawsuits refer to a process in which two or more parties dispute financial assets and property. These lawsuits consist of a wide range of issues such as debt collection, property, and real estate contention, or any personal dispute between two parties that don’t involve illegal misconduct or allegations from the state. If you’re undergoing a similar dispute or altercation, the Civil Litigation Lawyers can be of service to you.
However, civil litigation isn’t just limited to general debt collection or complicated contractual disputes. In fact, one may find it challenging to deal with civil litigation on their own due to how difficult it is to navigate through their complexities. Fortunately, our skilled and qualified Civil Litigation lawyers can provide you with maximum support in such times by making your case as strong as possible. We can also consider having a settlement if it seems to be a better choice for your case.
At Bakers BBLT Associates, we’re committed to taking care of everything you require with your civil litigation case. We will work endlessly to help you achieve successful outcomes by being a dependable legal partner, sorting through complicated litigation loopholes, and resolving underlying issues.
Why Should You Choose Bakers BBLT Associates?
Professionally Certified
Professional Civil Litigation lawyers and attorneys comprise of our team who are all certified by the Law Society. We stay aware and updated of all the latest legal rulings which reflects in our high-quality legal counsel.
Vast Experience
Established in 2003, Nanda & Associate Lawyers Professional Corporation has extensive legal experience. We have a consolidated legal experience of more than 100 years which significantly helps in legal insights and developing personalized legal plans for each of our clients.
Personalized attention
We understand that each client and their Civil Litigation case is unique. Our lawyers provide personalized and specialized service to each of our clients which are fully integrated with their needs and specific situation. We serve our clients in diverse languages including Cantonese, Mandarin, Hindi, Punjabi, Urdu, Gujarati, French, Italian, Polish, Russian and Ukrainian.
Comprehensive Legal Representation
Our full-service law firm caters to a diverse clientele, ranging from individuals to small businesses, large enterprises to government organizations. Our lawyers possess expertise in Civil Litigation and other associated legal practices like real estate law, business law, family law, immigration, personal injury, Wills and Estates. We will be able to help you with all your legal needs, including Civil Litigation.
Civil Litigation Attorney
In Civil litigation law, businesses, individuals and other entities settle their disputes by going to court. These are private disputes filed by one party to seek money, damages or another remedy from the judge for the harm caused to them.
Civil Litigation cases do not have any criminal intent. A civil litigation matter usually involves tow parties. The plaintiff is the person filing the lawsuit while the party against whom the lawsuit has been filed is the defendant.
Our proficient lawyers have extensive civil litigation experience to provide quality legal counsel to our clients. They have represented individuals, businesses, government, government agencies, post-secondary institutions, professional associations, not-for-profit organizations, foundations in diverse matters.
Our skilled lawyers have appeared at Federal and Ontario Courts in the trial, appeal and motions. They have also appeared for clients in agencies, provincial and federal commissions and administrative tribunals. The practice areas include:
(To know more on each type of dispute, please click the links below)
- Banking Disputes
- Commercial Disputes
- Commercial Litigation
- Construction Lien
- Contractual Disputes
- Debt Collection
- Creditor & Debtor Rights
- Enforcement of Ontario Judgements
- Enforcement of Foreign Judgements
- Estate Litigation
- Frauds
- Power of Sale and Foreclosures
- Labor & Employment
- Professional Liability
- Property Damage
- Real Estate Litigation
- Shareholder Disputes
- Wrongful Dismissal
Bankruptcy Lawyers
Personal and corporate restructuring involves different parties: the debtor, the creditors, the trustee, and other affected parties. Whatever role you find yourself in, it is important to understand the rights and obligations of everyone involved. Creditors need to know how to get paid and participate in the restructuring process, debtors need to know the obligations they have to their creditors, and the trustee and all parties need to understand how to navigate the restructuring process. Contact us for Bankruptcy Lawyers.
Bakers BBLT Associates bankruptcy lawyers have represented all parties: debtors, creditors, and trustees in the bankruptcy process and often provide consultation and assistance to other lawyers in navigating the process.
Civil Litigation Lawyers
My Ex-Spouse has Filed for Bankruptcy. How will I be Affected?
FACTS:
- My ex-spouse has filed for bankruptcy.
- We signed a separation agreement one year ago.
- We have dealt with child support, custody and access, and transferring the RESPS.
- We have not settled equalization and the division of the matrimonial home.
Below is a summary of the joint assets:
a. My spouse and I are on the title of joint tenants to the matrimonial home. We had an appraisal done 6 months ago. It was valued at $1 million. We owe a mortgage in the amount of $450,000. There is also a CRA lien on the title for $50,000 for income taxes owing by my spouse. I have been living in the house since we separated 12 months ago.
b. We have RESPs for each of our 2 children each in the amount of $15,000, net of government grants, totaling $30,000. Both children are in high school.
Question 1.
The Trustee has written to me claiming a 50% interest in the property, net of the CRA lien, as well as a 50% interest in the RESPs. What are my rights?
Answer: As a joint tenant you have a right to your share of the equity in the matrimonial home. You have no guaranteed right to stay in the home. You will have to work out an arrangement with the Trustee to purchase your husband’s interest in the home.
Question 2. Can I be forced to leave my home given that my children are living with me and attending school in the neighborhood?
Answer: If you do not work out a settlement to buy your spouse’s interest in the property, the Trustee can go to Court for an order forcing the sale of the home. You could argue that leaving the home would cause you and your family undue hardship based on the following factors:
A a. Your children are settled in the school and neighborhood community. Their friends are all in the neighborhood and they do extracurricular activities so the disruption imposed on them would outweigh the inconvenience to the Trustee if the Trustee must wait to sell the property.
b. You cannot afford to buy or rent an alternate residence in the neighborhood/community.
This is a challenging argument on which to succeed, however, it is available in certain circumstances, such as a child who has special needs that cannot easily be accommodated in a different school or you will have to move a great distance away from family and friends to find a new living situation. If you are confronted with a motion for sale, you should consult a lawyer to see if this defense is available. However, it is important to note that this is a temporary solution. Once your children have finished school, the Trustee will likely be free to move forward with the sale. Contact us for Bankruptcy Lawyers.
Question 3. How much do I have to pay the Trustee?
Answer: The negotiation starts with the following mathematical exercise:
- Start with the appraised value
- Subtract the mortgage
- Deduct legal costs – $2500 + HST
- Divide by two
The presumption with respect to joint ownership is that each of you and your spouse are each entitled to 50% of the remaining equity. This presumption, however, can be adjusted if you have contributed unequally to the property or there are encumbrances attributable to you or your spouse only.
Therefore, your husband’s equity will be reduced by $50,000 for the CRA lien because it is supported by a debt owing solely by your spouse. You can also claim compensation for the principal amount of the mortgage you paid over the 12 months. The Trustee would owe you one half of the principal pay down because you and the Trustee benefited equally from your payments towards the mortgage principal. If you have made improvements to the property that increased the value of the property, such as replacing the roof, major renovations such as a kitchen or bathroom renovation or finishing a previously unfinished basement, you will likely be entitled to a credit for this work as well.
Question 4. Do I get credit for other costs such as mortgage interest, insurance, taxes and utilities?
Answer: The short answer is no because you are enjoying the benefit of the property to the exclusion of the Trustee. The Trustee is legally entitled to an amount for occupation rent. In any negotiation, the Trustee’s claim for occupation rent generally offsets any claim you would have for these expenses which are generally referred to as “carrying costs”.
Question 5. How would I pay for my spouse’s equity in the house?
Answer: You have a few options to fund this purchase:
a. You can consult with your current mortgagee to see if you can increase your mortgage to buy out your spouse’s equity.
b. You can see a mortgage broker about discharging your existing mortgage and increasing the amount borrowed to buy out your spouse.
c. You can see a mortgage broker about obtaining a second mortgage to fund the buy out.
Question 6. What do I do if I do not qualify for a mortgage increase?
There are some options that may assist you:
a. As previously mentioned, you can raise a hardship argument that will buy you more time in the house and more time to raise the funds necessary to buy out the Trustee.
b. You may have claims in your spouse’s bankruptcy (either for support or equalization) that can be, in some circumstances, offset against the amount you would owe to the Trustee.
Question 7. My husband has transferred his share of the RESPs to me as set out in our separation agreement. Will the Trustee make any claim against them?
Answer: The Trustee will review the transfer and the separation agreement to ensure that the transfer was not improper and unfair to your husband’s creditors.
If the separation agreement was incorporated into a court order, the transfer will likely remain unchallenged.
If there is no court order, the Trustee will consider the following factors in order to decide whether to challenge the separation agreement:
a. How much time has passed between the making of the separation agreement and the bankruptcy assignment? The more time that has passed, the less likely it will be challenged. Separation agreements made on the eve of bankruptcy are particularly suspicious and susceptible to challenge.
b. What were the debts facing your spouse when he entered into the separation agreement and did your spouse know he was insolvent, or was he contemplating bankruptcy when he entered into the agreement?
c. What was the cause of the bankruptcy? Did the debt leading to the bankruptcy exist at the time of the separation agreement or did it occur subsequently?
d. Are you and your spouse abiding by all the terms of the agreement? I.e. Is support being paid on time and in the amount contemplated by the agreement and have the other terms been performed?
If the Trustee suspects the agreement and the resulting transfer of property was made to defeat your spouse’s creditors, the Trustee has a duty to the creditors to challenge the transfers. If this happens, you and/or your spouse will have to defend the separation agreement. If you cannot successfully defend the transfer, you will have to pay for your husband’s contributions, if you want to maintain the RESPs. If you cannot, the RESPS will be collapsed and you will have a property claim for the value of your contributions to them.
It is recommended for you to have the assistance of a lawyer, familiar with these issues, to assist you in your negotiations with the Trustee. Contact us for Bankruptcy Lawyers.
Creditor and Debtor Rights
Does someone owe you money, or is someone claiming that you owe them money? If yes, then we can help. Bakers BBLT Associates has acted for debtors and creditors. Representing partnerships, corporations, limited liability companies and other businesses, we assist both debtors and creditors of the business. We also support associated parties who may be affected by the problems with the organization. It represents debtors and creditors in a wide-range of debtor-creditor matters including:
- Commercial debt collection
- Pre-and post-judgment remedies
- Including pre-and post-judgment attachment,
- Receiverships, writs of execution,
- Bank and other levies,
- Debtor examinations,
- Enforcement and defense of judgments,
- Alter ego liability,
- Representing fraudulent conveyance actions
- Debt restructurings and workout
- Insolvency and pre-bankruptcy counsel to both creditors and financially distressed businesses.
Our knowledgeable attorneys have supported multiple clients in negotiating debt payment agreements, associated litigation and other bankruptcy cases as well. In the sphere of consumer protection, creditor and debtor right lawyers handled cases related to property repossession, payments litigation, distressed loans, liens, rental disagreements and wage garnishing cases. For debtors, our proficient lawyers perform the predetermined actions to manage financial situations and safeguard their rights. For creditors, we work at maximizing returns from accounts receivable and get all the documentation generated for that. Another area we manage is creditor and debtor rights in the sphere of business where the client’s rights are entangled in litigation. In the nature of financial rights issues, few areas it covers includes asset investigation, judgment enforcement, accounts receivable litigation or distressed loans.
Commercial Litigation Lawyer
Commercial Litigation can be expensive and time-consuming for an organization. A corporation’s very existence can be at risk if it is not able to defend itself in case of a dispute. Our commercial litigation lawyer can help with just about every kind of business dispute.
In this situation, experienced lawyers proficient in practice areas of contract law, disputes and commercial litigation can help. Bakers BBLT Associates have been partnering with clients for decades to help them manage legal situations skillfully.
Our service offerings in Corporate and Commercial Litigation include:
- Arbitrations
- Contract disputes
- Director and officer, board and special committee issues
- Governance issues
- Corporate fraud cases
- Real property litigation
- Shareholder disputes and oppression claims
Commercial Litigation Lawyer
With changing times, the nature of commercial and corporate crimes is undergoing a paradigm shift. Strategic advice and knowledgeable legal counsel is of primary importance to tackle these new-age crimes. Awareness and updated knowledge of the leading trends and corporate world activities are needed to navigate the complex nature of these disputes.
Whether you are facing a claim or have a need to start legal proceedings to protect your rights, Bakers BBLT Associates can competently support you. We understand the adverse impact; these commercial disputes can have on your business.
To resolve the dispute situation promptly and with the best possible outcomes, we use the tools of litigation avoidance, negotiation, and early extraction. Our lawyers develop litigation strategies with your support after gaining a detailed understanding of your business, its goals, risks, and objectives.
With skillful knowledge of business, legal, employment concerns, and risks, our proficient lawyers help you to identify, mitigate and manage all your possible business risks.
Commercial Disputes Lawyer
In a situation where inter-relationships between businesses break down, is known as a commercial dispute. Reasons for the occurrence of a commercial dispute can be many including:
- A dispute arising from non-payment of dues owed to the other party
- Disagreements over terms of a lease agreement
With dynamic business scenarios and changing regulatory landscape, frequent occurrences of commercial disputes can be seen. They can be long-drawn and costly if proper legal counsel is not sought to resolve them, immediately after they occur.
Effective advocacy is done in commercial and business disputes to enhance positive results. Contact us for Commercial Disputes Lawyer Mississauga.
Bakers BBLT Associate lawyers possess extensive experience in corporate and commercial sectors including:
- Contract claims,
- Real estate and lease cases,
- Shareholder disputes,
- Director and Officer liability,
- Business fraud,
- Franchise and banking disputes.
The legal team at Nanda & Associate lawyer, are adept at representing clients in all stages of disputes including the Ontario Court of Appeal.
Subject matter and process knowledge are of paramount importance. Well-versed in contract law and other related laws, our team of lawyers always strives to deliver the best results for you.
The commercial disputes practice area includes:
- Bankruptcy
- Insolvency
- Regulatory proceedings
- Administrative proceedings
- Cross-border disputes
Commercial Disputes Lawyer
Disputes can be resolved by litigation or other alternative strategies like arbitration and mediation. In certain instances, alternative dispute resolution methods can be faster and more effective.
In an increasingly complex world, our dedicated commercial litigation lawyers are ready to partner with you to resolve their disputes immediately. Understanding the client business and industry is critical in moving ahead and resolving the dispute. Contact us for Commercial Litigation Lawyer.