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LEGAL

An unfortunate reality in litigation is that lawsuits often pit one family member against another.

As a commercial litigation lawyer, most of the cases I deal with are based on breach of contract.

You've owned your home for several years and it's time for a new look. You draw up plans, get estimates, hire a general contractor and eagerly await the splendour of your newly-renovated home.

In our final article addressing franchise law we will discuss how an individual or company involved in a franchise agreement on behalf of the franchisor, or brand owner, can be held personally responsible for damages suffered by a franchisee, or individual location owner.

Last month we discussed how franchise disputes can be resolved from the perspective of the franchisor. This month, we consider the options available to the franchisee.

This next series of articles will examine specific legal issues, beginning with an examination of dispute resolution in the field of franchise law. 

PROVING YOUR CASE AT TRIAL

So far in this series of articles we’ve discussed a variety of the steps in the litigation process including the preparation of the Statement of Claim and the Statement of Defence, discoveries, and mediation.

If you have watched courtroom drama on television you have likely seen portrayals of lawyers asking questions to the opposite site, which is videotaped.

In our court system today, the reality is that very few lawsuits actually proceed all the way to trial. Instead, most cases settle at some earlier point in the process.

In our last article we discussed administrative tribunals and the division of responsibilities between tribunals and courts.

Suppose you’ve sued someone, you’ve won the trial and the judge has ordered the person you sued, now called the judgment debtor, to pay damages to you. What happens next? How do you get the money you are owed?

You’re involved in a lawsuit, you want your day in court, but you also want to resolve the dispute quickly and you’re concerned about legal bills.

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