Civil Litigation Practice Group

We know that legal issues can be a source of increased stress and worry in life. That’s why we do everything we can to make your experience as easy as possible. If you have a dispute and you need legal representation, we’ll help get it resolved fairly.

Low Murchison Radnoff is a law firm based in Ottawa, Canada. Our Civil Litigation Practice Group combines years of litigation experience with prudence to provide our clients with quality legal advice, strong negotiation skills, and effective legal representation in court. The members of our Civil Litigation Practice Group have appeared before administrative boards and tribunals, and at all levels of trial and appellate courts, including the Federal Court, the Court of Appeal and the Supreme Court of Canada.

We realize that litigation can be an expensive and uncertain proposition. We are committed to working closely with our clients to keep them informed and to provide careful management of all aspects of the file throughout the litigation process. Recognizing that commercial realities often demand a settlement be obtained in our client’s interest prior to trial when possible, our practitioners are skilled at traditional negotiation techniques and the use of alternative dispute resolution strategies including mediation and arbitration.

Our group practices in several areas of civil litigation including:

  • Commercial and financial disputes
  • Construction law
  • Debtor/creditor
  • Employment law
  • Environmental law
  • Insurance law
  • Personal injury law
  • Sports law
  • Wrongful dismissal
  • Condominium law
  • Defamation
  • Libel & Slander

Lawyers Practicing in Civil Litigation
Christopher K. Lamm
Graeme Postma
Kaylee Rich
Gary Boyd
David Debenham
James Jeffcott
Barbara Nicholls
Ron Petersen
Chris Rutherford

I have just been served with a Statement of Claim/Plaintiff’s Claim, what should I do?

Generally speaking, a defendant to an action has 20 calendar days from the date they were served with a Statement of Claim or a Plaintiff’s Claim to file a Defence. If this deadline is missed, the defendant may be noted in default and the case against them can proceed without any further notice. However, there are particular circumstances in which it is in your best interest to take other steps before filing a Defence, such as disputing the jurisdiction or the forum in which the action is brought. To know which steps and deadlines apply best to your situation, contact the LMR litigation team.

 

How long do I have to commence an action?

A general limitation period of 2 years applies to most claims in Ontario and time begins to run the day on which the claim is discovered. Given the flexible application of the discoverability factor, the Limitations Act also provides for an ultimate limitation period of 15 years after the act or omission on which the claim is based took place. In specific situations, shorter limitation periods apply and notices are sometimes required to preserve any potential litigation interest. In order to prevent your claim from being statute-barred, speak to a member of LMR’s Litigation team.

Who can represent me in a Small Claims Court action?

In Small Claims Court, you may be represented by a lawyer, an articling student, or a paralegal. You may also represent yourself, should you so choose. Depending on the complexity of the matter, however, it may be wise to secure representation from an experienced litigator, as it can be difficult to navigate the Rules of the Small Claims Court, as well as the rules of evidence, when one is not experienced in the legal field.

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