Civil Law

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Civil Actions
Personal Injury
Construction Liens
Contract Disputes

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Civil Law

We provide legal advice and represent clients in litigation matters at all levels of courts in Ontario. Our approach to litigation is to resolve matters in the most efficient manner possible, which means working hard to get a thorough understanding of our client’s case, providing honest advice to our clients regarding their chances of success and estimated costs, instructing our clients about the litigation process and then making joint decisions with our clients about the best way to proceed.

We represent our clients in commercial and civil matters in areas including:

At Bykov Empel Law, we represent our clients on a variety of issues pertaining to business and commercial disputes. We regularly handle cases involving alleged breaches of contract, business torts, unfair business practices, as well as other types of business litigation.

Majority of disputes arise because parties do not live to their obligations under a contract. Our team of lawyers is skilled in marshalling the evidence and crafting legal arguments that best enable our clients to enforce their contractual rights.

Often business disputes exceed a simple contractual relationship between parties and tumble over into allegations of improper conduct, such as negligent misrepresentation, fraud, and other kinds of bad faith behaviour. We try to resolve our client’s issues in a least costly way and in a timely fashion. At Bykov Empel Law, we are also open to alternative dispute resolution mechanisms, such as mediation or arbitration. We strive to use every possible avenue to get the best possible result to our clients, whether it is through litigation or an alternative dispute resolution.

If you got into a car accident, it is important to call emergency services even though your injuries might not be visible right away. In addition, do not forget to record all information of all parties involved in the accident, including any witnesses, driver’s licence numbers, names, contact information, insurance policy number, and name of the insurance company. You should also take pictures of the accident.

If you or your loved ones have been injured in a car accident, contact lawyers at Bykov Empel Law. In these difficult times, it is important to have a team of lawyers who will provide you with the best possible representation and will get you compensation that is fair and well deserved. If you are making a claim against an insurance company, it can be a stressful and complicated process. Let our qualified team of lawyers guide you through this difficult process.

At Bykov Empel Law, we provide legal support to parties who find themselves in a situation when a construction lien is placed on a property.

In Ontario, contractors and people who supply either work or materials are given special rights under the Construction Lien Act [“CLA”] against a builder. In particular, subsection 14(1) of the CLA provides that, “a person who supplies services or materials to an improvement for an owner, contractor or subcontractor, has a lien upon the interest of the owner in the premises improved for the price of those services or materials.”

Once the lien is registered, it creates an interest in the land in favour of those who supply materials or services, thus forming security. This mechanism was established in order to prevent the owner from receiving enhanced property without paying for such improvement. Lien registration is particularly important to subcontractors who have no direct contract with the owner, and therefore no right in law to bring an action for payment under a contract.

This area of law is very specific and time sensitive. There are certain rules under the CLA that need to be followed, or otherwise the party’s rights might be affected. In order to protect the rights, a two-step process needs to be followed. First, a party who wishes to enforce a construction lien will have to register the lien against the title of the property. Second, the party will have to commence a court action. The action must be commenced within ninety days of the last supply of services or materials. If this step is not taken within that prescribed time period, the lien will expire and the lien right will be lost.

Therefore, in order to protect and enforce your rights, contact lawyers at Bykov Empel as soon as possible and schedule your free consultation. We will be happy to meet with you to explain your options and determine the next steps that need to be taken in your matter.

The Small Claims Court jurisdiction permits cases of a total amount value of $25,000 or less, not including interest and costs. If your matter amounts to more than $25,000, you will have to take your case to the Superior Court of Justice. Almost every type of civil matter can go to the Small Claims Court, unless some specific rule or statute requires the case to go to the Superior Court.

To sue a person or business in Small Claims Court, your lawsuit, called a claim, must fall into one of the two following categories: 1. claims for money owed under an agreement, such as unpaid accounts for goods or services sold and delivered, unpaid rent, etc., or 2. claims for damages, such as property damage, breach of contract, personal injuries, etc.. A key advantage of proceeding in the Small Claims Court is that the cost of filing in Small Claims is lower than in the Superior Court of Justice for civil matters. Depending on your case, you may also have to pay other expenses, such as travel costs of any witnesses, legal fees, interpretation services and delivery of documents. To keep costs low, you might try to reach an agreement out of court. This is called a settlement.

At Bykov Empel Law, we have extensive experience in both pursuing suits against people and companies on behalf of our clients, and defending our clients when they are sued. We also assist our clients with respect to avoiding civil actions through early intervention and taking steps to resolve disputes before a lawsuit is launched. The majority of our cases are solved well before trial, which benefits our clients and saves significant amount of time and money.

If you have specific questions about your situation, how to protect yourself and your family, and how to avoid a dispute, give us a call at 416-519-3259 to schedule your free initial consultation.

A “tort” is essentially a wrong someone has done to you which may entitle you to compensation from that person. It can be anything from a simple slip and fall, because a spill was not cleaned up, to an assault which caused undue pain and suffering.

Any tort which results in a civil action can become very complicated very quickly. Besides the simple aspect of proving your case in a court of law, it may involve various motions, negotiations, writs, liens, security motions etc. After all, you do not just want to win your claim, you want to be able to collect the monetary judgement.

In certain instances you may be seeking a different relief altogether. For example you may want your neighbour to move his fence off of your property, or to have a newspaper stop publishing false statements against your company.

Whatever the claim, your first step should be to visit competent counsel to discuss the merits and pitfalls of your claim. The experienced lawyers and staff at Bykov Empel Law can help guide you on the way and help you find the relief you deserve.

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