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.

The Canadian government has been taking steps to minimize the consequences of the economy, employees, and entrepreneurs.

All of these measures have economic, social consequences and require legal solutions. For example, many people are working from home, and many business owners are having problems with labor laws and employment contracts.  Also, sometimes, they are forced to do a breach of contract with the employees.

Definition of contract

By definition, a contract is a formal agreement entered into by the parties that establish the clauses that create and define the law.

For employment contracts, the contract formalizes issues such as workday to be completed and remuneration to be paid. If the employer fails to pay the remuneration, there is a breach of contract. It may also mean that an employee has breached one or more terms of the contract in the same situation.

Employment Contract

In an employment contract, terms and conditions of work are defined, for example:

• Rights and Duties of both parties
• Payment Fee
• Number of hours worked
• Vacation Terms
• Work responsibilities
• Non-compete or non-disclosure agreements
• Termination requirements
• Overtime requirements
• Confidentiality terms

In general, these terms are described in all employment contracts, but it is possible to include other specific clauses.

Breach of employment contract

Breach of any contractual obligation is known as Breach of Contract. Depending on the agreement, a breach can occur when one of the parties does not comply with the agreement’s terms.

Once a contract between employer and employee is signed, they cannot terminate their employment relationship outside the terms discussed in the agreement.

Breach of contract by the employee

None employer wants to experience a breach of contract. The employer invests time and resources in preparing and advertising vacancies and selecting the best employment.

When an employee leaves, the company needs to deal with embezzlement in the team that needs to be completed or expanded to ensure the goals are set. Depending on the embezzlement, it can represent a significant loss for the company.

If a breach of contract occurs, in addition to all the bureaucracy that the process involves, the company will probably have to face opening another process of selection, training, and adaptation of professionals.

Thus, in a breach of contract, the employee causes significant damage to the company. Depending on the contract’s situation, he may be penalized and pay compensation to his employer.

In these situations, a lawyer will assess the impacts of the breach of contract and the possible resources and indemnity amounts.

Breach of contract by the employer

Breach of an employment contract can also occur through the action of an employer.

In the event of a breach of contract by the employer, you must take some steps before taking legal action, such as verifying that you have a copy of the signed employment contract and analyzing whether the terms of the agreement have been breached.

Next, it is ideal that you try to discuss the situation with your employer. The breach of contract was often unintentional. That is, you can resolve the matter with a conversation.

If you cannot resolve the problem, you must seek a lawyer specializing in the matter even after diagnosing the contract’s breach and trying to have a friendly conversation.

A lawyer may try to make a new negotiation through mediation and arbitration or take legal action.

Remedies to Breach of contract

The first step is the recognition that a breach of contract has indeed occurred. The remedies to breach of contract will depend on what exactly was breached in the contract. In general, the possible solutions are:

• Out-of-court settlement: Given the Coronavirus situation is the impact that this causes in contracts; ideally, both parties seek common sense so that they can find common ground and promote an extrajudicial agreement.

• Judicial agreement: If the first attempt is invalidated, it is possible to make an action plan to fulfill the obligations described in the contract to be fulfilled.

• Mediation, arbitration, or conciliation: If the conflict is not resolved, a lawyer may use mediation, arbitration, or conciliation.

Do I need a lawyer to deal with the breach of contract?

An experienced litigation lawyer can help you analyze your contract and see if there has been a breach of contract. Also, the lawyer will be able to guarantee that your rights are guaranteed.

At Juzkiw law, we have experienced lawyers who can help you in civil litigation and employment law situations. Call us for more information.

At Juzkiw Law, we can help you gather all the documentation for your case and evaluate the possibilities of gains and possible case costs for your Small Claims Court in Ontario. Contact us and schedule a free consultation. We have affordable prices to help you.

It is also essential in your case to know that generally, the losing party will have to bear the expenses disbursed during the other party’s claim at the Ontario Small Claims Court. Even in some situations, depending on the judge’s judgment, you run the risk of paying twice the amount of the costs of the process spent during the process.

Some examples of Small Claims Court costs in Ontario are:

• Costs paid to the court to file a motion;
• Costs paid to the court for filing the claim;
• Fees paid to the bailiff of the small claims Court;
• Fees and subsidies paid for the appearance of witnesses;
• Photocopying expenses;
• Expenses that involve the posting and delivery of documents;
• Costs with interpreters, if necessary
• Transportation expenses are transportation to the Court;
• Costs with legal representation of a lawyer or paralegal;

In the case of legal representation costs, they are allocated only during the time of the legal representative in Court. However, depending on the situation judged, the judge may order the winning party’s entire legal bill to be paid by the other party, the loser.

For more information, consult the frequently asked questions about the Ontario Small Claims Court or call us.

Negotiation attempts

During the case at Ontario Small Claims Court, either party may attempt to resolve the issue. The parties can attempt to settle out of Court, and if accepted by both parties, the agreement must be documented and signed. Or the parties may directly submit an attempted formal agreement, in writing, using the Offer to Settle form.

All types of offers must be taken seriously during the case. When the other party does not accept the formal proposal (made using the standard form), the judge will take the case to trial. If the offer’s value is equal to or better than the amount requested in the judgment, you may have to pay some costs to the other party in your case, although at Ontario Small Claims Court.

These cases happen when the judge has reason to believe that the defeated party should have accepted the proposed settlement. In some cases, at Ontario Small Claims Court, the judge may decide that the winning party may receive twice the amount of the costs due to the waste of time caused during the case due to not having resolved with the proposed agreement.

In summary, the trial’s final decision and the court decision on costs will be at the discretion of the deputy judge. But we can help you plan these costs before starting the case, based on the facts you have. If you have questions about Ontario Small Claims Court, email us or call us – +1 (416) 286-2645

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.

Today, Juzkiw Law will provide you some legal insights on how you can proceed in matters of the personal injury claim. Before proceeding to the steps in personal injury matters, you should know what personal injury law is. 

Personal Injury law is a law dealing with cases where someone’s negligence hurts an individual’s body, mind, or emotions. For example, a person may suffer a slip and fall in a restaurant because the restaurant failed to remove snow from the entrance of their premises. This content will help you to know about the personal injury process.  

Get legal representation for Personal injury claim

The first and most essential step is to choose a representative. You may have someone in the family providing legal services, or know someone who can help you in this regard. Numerous law firms are providing legal services in personal injury matters. However, you should know which firm is best suited to you and deal with the issue professionally. It would help if you asked for public reviews about a firm’s experience before finalizing the retainer agreement. Law Society of Ontario provides a directory that lists lawyers and paralegals licensed by the Law Society. If you are looking for a lawyer referral service, the Law Society Referral Service can help. In personal injury cases, look for a familiar lawyer with the Judges and the medical practitioners in your area or where the accident occurred. 

Juzkiw Law Firm is an experienced law firm that can help you with a personal injury claim. We have vast legal knowledge that can help you to get your rights.

When to Hire a legal representative

It would help in your case if you considered hiring a Lawyer or a Paralegal to personal injury claim in the following situations:

• No knowledge about personal injury laws and procedural rules
• You incurred hefty expenses on medical bills
• You have experienced severe injuries or a long-term injury
• You suffered a loss of income due to the injuries
• You were denied the payment benefits you deserve

Things to prepare

When you finalize to choose your legal representative, you should provide information such as details of the incident, information of any witness, proof of injuries, medical treatment records, evidence of loss of income, and insurance policy.

What will a legal representative do?

When you visit a lawyer, you want to know if you will win this personal injury claim case? These questions cannot be answered straightforward. Many factors affect the chances of winning a case and the value of your claim. A legal representative will assess your case and determine the number of damages you are entitled to receive.

Bringing an action

In Canada, you can claim pecuniary compensation if you are injured due to someone else’s negligence. The compensation in these matters is known as damages. These damages are intended to protect the injured person against the heaving medical expenses, loss of income, mental pain, and sufferings. In order to claim these damages, a person is required to bring an action in the Court of law within two years from the date of the injury. These two years are known as the limitation period after the expiry of which the right to bring an action is forfeited. Your representative will make a Statement of Claim to start a fight. This statement of claim is served to the opposite party, after which the claim is initiated. If you are injured at your workplace, you can go for a WSIB claim, and if you are injured in a Motor Vehicle Accident, you can ask the insurance company for no-fault accident benefits claim in addition to the lawsuit.

Notice of Motion

A notice of motion can be filed in the Court to request a Judge make an order. For instance, a motion can be brought in the Court to obtain certain documents which have the other party or a public institution.

Affidavit of documents

Each party must submit an affidavit of documents listing all the documents in the parties’ possession, control, or power. The representative and the client must determine the nature of the documents in the client’s possession, control, or authority related to the proceedings. Documents should be identified if they are protected from production by solicitor-client privilege or litigation privilege, or any other privilege type. A legal representative (lawyer or paralegal) should advise the client which document is favorable to personal injury claim the party’s case. The affidavit must disclose their intent of producing or not producing such a document. 

Examination for Discovery

Under this step, parties to the matter will examine each other orally and before Trial. This process helps the parties get the proper disclosure of the relevant facts and evaluate the evidence in their hands. This process opens the gate for an out-of-court settlement. This process gives each party a better view of their case and will guide them to proceed further in the matter.

Mediation

This is one of the essential parts of the whole process. This can put an end to the entire dispute. In most cases, parties prefer to opt for an out-of-court settlement. In Toronto, it is a mandatory step before the court trial. A representative will prepare a mediation brief on your behalf, submitted to the mediator and the opposite party. The representatives are making submissions of both the parties on the day of mediation. 

Setting down for Personal Injury claim Trial

A legal representative will serve and file a trial record with the Court, which will make the action to be placed on the trial list. After that, a pre-trial conference and trial date will be assigned. 

Pre-trial Conference

This conference is a meeting of the parties before the Trial. This meeting is conducted before a trial judge. Pre-trials represent an essential step in the litigation process. They encourage settlement and may assist in identifying or narrowing the actual issues for Trial. Through the pre-trial process, trial management orders and directions may be obtained so that the Trial will proceed more efficiently. This step is encouraged to resolve disputes or set the issues in advance of the Trial.

Trial

As mentioned above, many of the personal injury claims are resolved by the out-of-court settlement. However, a legal representative (lawyer or paralegal) should prepare for the proper course of action, i.e. Trial. In case the matter is resolved by out-of-court settlement, the matter goes to Trial. The issue is heard before a bench of Jury and/or a Trial Judge. This step is the most complex and time-consuming process. 

Therefore, choosing the right representative dealing with personal injury matters is a crucial decision to take. Juzkiw Law Professional Corporation can help you through this process and provide you with the best legal solution. 

About Juzkiw Law Professional Corporation

The Juzkiw Law firm has extensive legal knowledge of Canadian law. We help our clients to get your rights.

If you have a personal injury claim, please contact us immediately at 647-699-7984 to ensure your rights are fully protected. We understand the pain you are going through and will work hard to obtain for you the best possible settlement, considering your losses and future medical treatment needs.

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.