One individual filed the class-action lawsuit on behalf of several people seeking justice. The person filing the case is called the plaintiff, acting as a representative for the class. These cases are complex and take time to get resolved. These actions involve high litigation costs. 

In Canada, class actions were introduced in Ontario in 1993 after its first codification in Quebec in the 1970s. P.E.I. is the only province where class action procedures are not established. 

How to file a class action?

In most cases, a law firm determines the problem and finds the person affected who is willing to act as a representative litigant. However, a person can also go to a lawyer with a complaint of harm caused by another. 

The lawyer must determine the merits of the case so that a class action certificate can be obtained from the court. A lawyer will also ensure that the case is worthy enough to pursue by estimating the compensation for damages. The lawyer will also get paid through contingency fees, only meaning that they will get paid out of the reward they get from the court. 

Certificate of Class Action:

To initiate a class-action lawsuit, a certificate is required to be obtained from the court, which will approve the hearing of class action, the party’s representatives in the class member’s matter, and definition. For example, if a class-action lawsuit is brought against a product manufacturing company, a class member can be the buyer of that product.

How to get into the class?

If you believe that you fall under the class member category, you don’t need to take any action. People usually think that they need to sign any form or register with the court to be considered a class member. However, class action lawsuits have an opt-out system. 

If you don’t want to be part of the class action lawsuit or wish to file an individual case, then you are required to opt-out of the class action by a prescribed date under certification. If you fail to opt-out, then you are bound by the result of the lawsuit. 

A person is notified about the litigation being initiated. A person must research to know if he/she is a class member. A person can check the acting representative attorney’s website to find who can be part of class action. They will assist you in opting in for the settlement party. 

Any person who falls under the category of class member can claim the settlement amount by opting for the settlement. A court will specify the deadline within which a person is required to opt-in for the settlement. 

About Juzkiw Law:

The Juzkiw Law firm has the extensive legal knowledge and the right business acumen. We help our clients navigate the tricky territory of Canadian Law while focusing on managing their strategic needs and bringing them the desired results.

If you need any assistance in filing a class action lawsuit or want to be part of a settlement, please contact us immediately at +1 (416) 286-2645 to ensure your rights are fully protected. We understand the hardships you are going through and will work hard to obtain the best possible settlement.

Disclaimer: This article is just for educational or informational purposes and does not represent any legal advice. The legal advice may vary in a particular case.

What is a Collection Agency?

A collection agency is a third-party entity that is incorporated to collect dues or debts. When a person stops making payment against the loan, and the funding institution does not believe that money will be paid, the funding institution may transfer the file to the collection agency for collecting the debt. These agencies have the legal right to pursue any legal action against the person owing the debt.

General Limitation of Debt Collection in Canada:

Canada’s laws provide that a collection agency has a legal right to bring an action against the power owing to debt within six years of the debt last being acknowledged. However, the laws in the provinces are different. 

General Limitation of Debt Collection in Ontario:

The limitation period in Ontario is lesser than that in the federal laws. The rules in Ontario provide that a Collection agency cannot bring legal action after two years. However, if any payment for the debt is made after two years or the debt is even acknowledged, the two years limitation period starts again. 

It should be noted that this provision does not remove the debt from your shoulders. The debt remains in your credit report for at least six years, and you will continue owing to the debt even after two years. There will become no threat of legal action by the collection agency. 

Does the Collection Agency still contact you?

Know that you have rights, and the collection agency should respect your rights. If you are trading with:

• A federally regulated financial institution;
• A debt collection agency work for a federally regulated financial institution. Contact the Financial Consumer Agency of Canada.
• If your creditor sold your bet to a collection agency and you want to make a complaint about the agency’s debt collection practices. Contact the consumer affairs office of Ontario.

About Juzkiw Law

At the Juzkiw law firm, we have vast legal knowledge and can help you deal with debt collection law issues. We advise individuals and companies in all aspects of the law.

If you need legal assistance, contact us immediately at +1 (416) 286-2645 to ensure that your rights are fully protected. We understand the problems you are experiencing and will work hard to get the best possible solution.

1) Did the landlord give the tenant proper notice of rent increase?

Your landlord is obligated under Section 116 of the Residential Tenancies Act to provide you with a written 90-days’ notice about the rent increase.

2) Does the amount of rent increase fall within the Rent Increase Guideline?  

In Ontario, there is a rent increase guideline that sets a maximum rent increase amount. The amount listed in the Guideline changes each year based on the Ontario Consumer Price Index. Some previous guidelines include:

Year Guideline (%)

2020 – 2.2%

2019 – 1.8%

2018 – 1.8%

2017 – 1.5%

2016 – 2.0%

*Note for 2021, an Ontario legislation was passed freezing the rents increase at 2020 level. With the legislation in effect, the rents will not increase in 2021 for most rented units covered under the Residential Tenancies Act. 

The landlord in Ontario is prohibited from increasing the rent beyond or above the amount stated in the rent increase guideline unless the landlord qualifies for the exceptions. 

3) Is the Ontario rent increase applied following the lawfully prescribed period? 

In most cases, the rent for a residential unit can be increased 12 months after either:

– the last rent increase

– the date the tenancy begins

Example: 

Your monthly rent was increased to $1,000 on February 1, 2018. The Guideline for 2019 is 1.8%. Therefore:

An increase of 1.8% on $2,000 = $36.00

$2,000 + $36.00 = $2,036.00 (Total of increased rent)

Your landlord could lawfully increase your rent payment 12 months later, on February 1, 2019, up to $2,036.00 per month.

Your landlord would need to provide you with written notice at least 90 days before February 1, 2020.

If the landlord fails to comply, you can bring the matter to the Landlord and Tenant Board to retrieve the rent amount you overpaid due to an unlawful rent increase. 

FOR LANDLORDS:

The landlords may want to increase the rent above the Guideline for various reasons. 

First, the landlords should assess if their rental unit falls under an exemption from the Residential TenAct’s rent control Act. 

Suppose the rental unit is subject to rent control of Ontario’s Residential Tenancies Act. In that case, the landlords can bring an application to the Landlord and Tenant Board if they wish to increase the rent above the Ontario Rent Increase Guideline for the following:

An “extraordinary” increase in the municipal taxes and charges for the residential complex 

First time operating costs or an increase in the operating costs for security services for the residential complex 

Prices for the capital expenditure work done in the residential complex.

The eligible capital expenditure work includes work to protect or restore the residential complex’s physical integrity, maintain it, provide access for persons with disabilities, promote energy or water conservation, etc. It does not include replacing a system or equipment when no major repair or replacement was required. 

The above Guideline – Ontario rent increase cannot apply if a new tenant’s tenant agreement took effect after the capital expenditure work was completed. 

Whether you are a tenant or a landlord, you will need the assistance of a lawyer or a licensed paralegal to assess your situation and take the appropriate steps. Contact Juzkiw Law Firm for more details – +1 (416) 286-2645.

Look at the crucial elements of a contract and make sure that somebody would not invalidate your Contract. 

What is a contract?

A contract, in the simplest of terms, is a promise. Though not every promise is legally enforceable, eg. a promise to attend your friend’s birthday party would not be legally enforceable, a contract is a promise that is legally binding and legally enforceable. Not all agreements are contracts, whereas all contracts are agreements. This would mean that in case of a breach of Contract by one party, the other party has a right to pursue the legal remedies arising from the breach of Contract.

A contract can be unilateral or bilateral;

• Unilateral – This is a contract made by a single party in exchange for some action against an unidentified person, such as declaring a reward to find a stolen item.
• Bilateral: Bilateral Contract, as the name suggests, is a contract entered into between two parties. These are the most usual forms of contracts.

Is an oral contract enforceable?

Yes, with some exceptions given under the Statute of Frauds, the Contract can either be oral or written. We enter into oral agreements almost every day, without even realizing it. Once such an example is when you place an order in a restaurant, you enter into an oral contract to pay the invoice for the ordered items. Realize that this agreement, even if oral, has the elements of a contract.

However, it is hard to prove the existence of an oral contract, and it is advisable to have a written agreement with all the elements of a contract for all the necessary transactions.

Statute of Frauds restricts the purview of oral contracts. It makes it mandatory to have a written and signed an agreement with all elements of Contract for the exchanges, actions, and contracts enlisted in the Statute of Frauds.

What are the elements of in Contract?

1. Capacity – A person who enters into a contract must have a legal ability to enter the Contract. For natural persons to enter into a contract, a person must have attained the age of majority, which is 18 years in Canada. The person must also be of a sound mind while understanding all elements of a contract and entering into it. If a party to the Contract is an artificial person such as a company or an estate, the capacity to contract rests with the person who has the authority to bind the company, estate of any other artificial person.
2. Offer – This is the manifestation of willingness to enter into a bargain with another party. This is usually the first step towards having a contract in place.
3. Acceptance – When an offer is accepted, there results in a contract. Acceptance is an unconditional willingness to be bound by request. Acceptance mirrors the conditions of the offer. If there is any variation communicated from the party to which the offer was earlier made, the communication would not be an acceptance but a counter-offer. In the counter-offer case, the party who initially made the offer is to accept or decline the counteroffer.
4. Consideration: There can be no contract without consideration. Consideration is something of value given in exchange for a promise. A contract would clearly state what is being sought, and for what consideration.  
5. Mutual Agreement: This is an essential element of a valid contract. For a contract to be valid and legally enforceable, the parties to the Contract must agree on the same terms in the same sense. If there is any confusion concerning any of the terms, article, or consideration, where the parties to the Contract interpret it in a different purpose, it could invalidate the Contract.  
6. Legality: For a contract to be valid and legally enforceable, the terms and elements of a contract should be legal in all aspects. The Contract should be for a legal objective, procured via legal means, and executed legally. Any illegality in the object, procurement, or execution might result in the Contract being void, which could not be legally enforced.

What if you did not intend to have a contract?

Not all agreements are intended to be legally binding. The court will consider the relationship between the parties to determine the intention to form a contract. It is advisable to consult a lawyer for an analysis of the purpose relating to the contracts.

On what other grounds can a contract be invalidated?

Some of the additional grounds where the Canada Court will not enforce the Contract are as under:

• Misrepresentation – Where one party intentionally misrepresents specific facts that are essential and material to the Contract.
• Mistake – Where there is a mistake, but unintentional. Suppose you believe something to be true when it is not, and that is no.
• Duress – When someone uses threats or violence to intimidate the other party to sign a contract.
• Undue Influence – When someone applies pressure on the other party to sign a contract.
• Frustration – Where the Contract cannot be performed for reasons beyond the control of the parties.

There may be some other grounds, which may depend on the facts of each case. A legal professional will be able to guide you better on all the bases—the essential elements of a contract and where the Contract can be invalidated if you need it.

What are your remedies in the case of breach of Contract?

As you know by now that the Contract can be legally enforceable, numerous remedies can be ordered by the court.

• Specific performance – The court can order the party to breach the Contract to perform their obligations as per the Contract.
• Monetary damages can be awarded to the innocent party.
• The court may order a party not to breach the Contract.
• The court may rescind the Contract and place the parties in a position as if there had been no contract. Rescission is a remedy often used where a contract is found to be voided, such as in cases of misrepresentation, mistake, duress, undue influence, or unconscionability.

If you need help to develop or review a contract, call Juzkiw Law Firm. We have expertise and knowledge about Canadian Law. We will help to include the correct elements of a Contract. Call us today – 416221-2221

Disclaimer – The information on this site is provided for informational purposes only and should not be construed as legal advice on any subject matter. It would help if you did not act or refrain from acting based on any content included in this site without seeking legal or other professional advice.