FAQ'S

A consultation is a crucial step involving an initial meeting between you and a civil litigation lawyer to understand and address your legal needs.

This session, scheduled for 60 to 90 minutes, ensures a detailed discussion of your legal matter. It provides you with a comprehensive explanation of your current legal position (standing), the legal options available pertaining to your unique circumstances, the potential strength of your case (e.g., whether it is 10% strong or 90% strong), as well as any potential risks and pitfalls relevant to your situation. Additionally, it covers the civil litigation steps that might be necessary to take going forward, should the matter proceed to formal litigation.

An initial informed and comprehensive step (or, in some instances, a second opinion) is the most critical aspect of any civil litigation engagement. Similar to how a doctor evaluates a patient’s health-related concerns by understanding symptoms, and prior health history, and possibly ordering medical tests, a lawyer evaluates a client’s legal case to determine the essential steps required to resolve the issues. This evaluation forms an integral part of the civil litigation process.

Statistics show that about 90% of legal matters could have been resolved if prospective clients had initially hired a lawyer to go over the potential risks and scenarios. Many litigious issues could have been avoided if clients had received qualified legal advice before engaging in legal matters. Thus, obtaining evaluations and legal advice from an experienced and qualified lawyer can help parties make informed decisions based on accurate information and a comprehensive understanding.

You should consider booking a consultation whenever you find yourself entangled in or foresee the possibility of civil, estate, real estate, or commercial litigation proceedings. Specifically, seeking the advice of a civil litigation lawyer becomes imperative under the following circumstances:

• You are engaged in a dispute or are at risk of litigation over a contract, property, or commercial dealings.
• You’re dealing with real estate transactions or property disputes
• Your business is encountering legal disputes that may involve a breach of contract, partnership disagreements, or commercial disputes.
• You are dealing with disputes over the terms or enforcement of a contract.
• You suspect rights violations or have suffered damages.
• You are considering legal action to resolve a dispute or to recover damages.
• You need legal representation to navigate the complexities of civil litigation, from filing a lawsuit to negotiating settlements or preparing for trial.

In these situations, a consultation with a civil litigation lawyer is key to gaining the insight and strategy needed to navigate your case.

After completing the preliminary mandatory steps required by the Law Society of Ontario, the following can typically be expected from a consultation with a lawyer:

• Document Submission: To enhance the effectiveness of the consultation, we request that you submit all relevant documents (i.e., any formal supporting documents (e.g. contracts, claims), etc, expert reports, correspondence between the parties involved, letters from other lawyers/Counsel, and etc) in advance. This allows the lawyer to familiarize themselves with any official and formal documents relevant to your case.
• Summary of Facts: We strongly suggest that all clients provide a summary of their side of the story for the initial comprehensive consultation. This should outline all relevant factual information deemed critical, including all involved parties, dates of events, and other pertinent details, preferably disclosed in chronological order.
• Focused Discussion: This preparation allows your lawyer to delve deeper into the matter during your meeting, avoiding the need to spend time gathering basic information. This way, the lawyer can start offering tailored solutions, advice, and strategies to resolve your issues during the meeting.
• Volume of Materials: It is important to be upfront with the lawyer if you plan to submit a large volume of legal materials. No lawyer can realistically review thousands of pages (e.g., 3,000-4,000 pages) if you are already in the midst of litigation proceedings. For such comprehensive reviews, we provide a different type of retainer (i.e., limited scope retainers) where we do review all available materials in-depth first and then engage in detailed discussions address all major issues.

An initial consultation with a lawyer refers to the initial 10–30-minute case evaluation consultation with a licensed professional. However, at no time during this consultation is a client-solicitor relationship formed.

The primary focus of an initial case evaluation on the lawyer’s part is fact-finding and evaluating whether the lawyer has the capacity and experience to take on the inquiries case, as well as being effective in advancing the prospective client’s matter.

Please be mindful that during initial case evaluations, ME Law’s lawyers, or any of its staff, will not review any documentation with the purpose of forming a legal opinion on the inquiries matter. Legal opinions and thorough reviews of supporting documentation are only formed during Independent Legal Advice (ILA) consultations, or as part of limited-scope retainer engagements.

Essentially, the reason for the above is that ME Law does not believe that such rushed consultations can serve any useful purpose for either the prospective clients or the lawyer, based on the limited amount of information, as well as the inability to review it in a reasonable manner. Lawyers typically need a comprehensive review of documentation to provide a legal opinion or assess the current legal standing of the inquiry matter. Each case involves unique circumstances that require careful consideration. Therefore, rushed discussions without formal documents should not lead to speculation, second-guessing, or confusing prospective clients. Instead, the goal is to provide a detailed evaluation of the case, identifying potential pitfalls, risks, strategies, chances of success, and relevant case law, and explaining the civil procedural steps involved.

However, ME Law litigators can inform prospective clients if they have handled similar cases in the past, address the preliminary assessment of whether the lawyer and prospective client can potentially work together, explain their typical operating style and how the engagement process will be conducted, and offer standard information on the retainer required to initiate a formal agreement, as well as the terms of their hourly rates.

Absolutely — that’s not a problem at all. We’re fully equipped to conduct consultations remotely or in person, depending on what’s most convenient for you.

In fact, we find that about 70% of our new clients prefer to meet in person for their very first consultation, as it allows them to get to know their lawyer and our team better.

The remaining 30% choose to meet remotely, often to save time on commuting or scheduling — and we’re perfectly happy to accommodate that. All necessary documents can be securely shared through our online facilities and encrypted portals.

After the initial meeting, most clients tend to prefer continuing their work with us remotely — through phone calls, Zoom meetings, and email updates — and only visit our office when preparing for longer hearings, examinations for discovery, or trials.

Our office is conveniently located in Yorkville, with ample parking available behind the building and easy access by TTC. If needed, we can also arrange for a lawyer to come to you; however, please note that travel time will be billed accordingly.

Whether in person or online, our goal is to make the process as flexible, efficient, and comfortable for you as possible.

The first step is to book a complimentary intake call with one of our intake specialists. During this initial conversation, we’ll gather some preliminary details about your matter, identify the nature of the dispute, and determine whether it falls within our areas of practice.

If we believe we can assist, we’ll then proceed with a conflict check to ensure there are no conflicts of interest under the Law Society of Ontario’s Rules of Professional Conduct. Once cleared, we can schedule a consultation with one of our lawyers, where we will review your situation in more detail, discuss potential legal strategies, and outline next steps for formal engagement.

This process ensures that every inquiry is handled carefully, ethically, and efficiently—so that we can provide you with informed guidance right from the outset.

Our process is designed to be clear, efficient, and transparent from start to finish.

1. Initial Intake Call:
   We begin with a complimentary intake call to understand the general nature of your matter, confirm it falls within our areas of practice, and gather preliminary information.
2. Conflict Check:
   Before receiving any detailed or confidential information, we conduct a conflict of interest check as required by the Law Society of Ontario. This ensures we can represent you without any professional conflicts.
3. Consultation with a Lawyer:
   Once cleared, we schedule a formal consultation — either in person or remotely — where we review your situation in detail, answer your questions, and outline preliminary legal options or next steps.
4. Retainer and Engagement:
   If you decide to proceed, we provide a Retainer Agreement outlining the scope of work, estimated costs, and billing structure. Upon execution and receipt of the retainer, we officially open your file.
5. Case Strategy and Next Steps:
   Your lawyer will then prepare a strategy plan and begin working on your matter — whether that involves drafting pleadings, engaging in negotiations, or preparing for court proceedings — while keeping you informed throughout.

At every stage, we emphasize clarity, communication, and transparency so you always know what to expect and how your case is progressing.

Efforts to avoid conflicts of interest are required by the Law Society of Ontario and form a fundamental part of legal ethics and professional regulation.

A conflict check ensures that our firm has never represented—or is not currently representing—any party whose interests may be adverse to yours. This process protects both you and our firm by confirming that we can act for you with full independence and loyalty.

The duty to avoid conflicts applies to past, current, and prospective clients and is set out in the Rules of Professional Conduct (the Model Code) as well as by decisions of the Supreme Court of Canada, including R. v. Neil and Canadian National Railway Co. v. McKercher LLP.

In practice, we conduct conflict checks before receiving detailed information about your matter. This step is an essential safeguard to uphold professional integrity and client trust.

In most cases, we can schedule your consultation within 24–48 hours after completing the initial intake and conflict check process. This ensures that your matter is properly screened and assigned to the most suitable lawyer on our team.

To learn more about what happens next — from intake to engagement — please visit our Frequently Asked Questions (FAQ) section, where we’ve outlined each step in detail and answered the most common questions new clients have.

Civil litigation is the process of resolving non-criminal disputes through the courts. It includes claims related to contracts, property, business, fraud, negligence, and more.

We handle contract disputes, shareholder and partnership disputes, real estate litigation, tort and negligence claims, injunctions, and other commercial conflicts.

No. Many are resolved through mediation and arbitration. However, we prepare every case as if it will go to court to maximize your negotiating position.

It depends on the complexity of the case. Some matters resolve in months, while more complex files can take years. Factors include discovery, motions, and trial scheduling.

Most claims must be filed within two years of when you knew or should have known about the issue. Acting quickly preserves your rights.

We tailor our communication to your needs, offering regular updates via phone, email, or video conferencing.

You can expect monthly updates, with more frequent contact during active litigation phases. You are always welcome to reach out to us directly with your questions.

While we aim to respond within one business day, please note that in some cases (e.g. court appearances), your lawyer may provide a time when they will be available.

We focus on meaningful updates and avoid excessive communication that might increase fees unnecessarily in hourly billing arrangements.

Before you decide to retain us as your lawyers, please know about our commitment to transparency, our dedication to client success, and how we manage our client relationships. Here’s a brief overview:

Transparency: We are committed to clear and open communication. From the initial consultation, we ensure that you understand the legal process, potential outcomes, and associated costs. Our transparent billing practices and regular updates keep you informed every step of the way.

Dedication to Client Success: Your success is our priority. We strive to achieve the best possible outcomes tailored to your needs and goals. Our experienced team uses strategic approaches to protect your interests and secure favorable results.

Client Relationship Management: We believe in building strong, collaborative relationships with our clients. We foster a supportive and responsive environment, ensuring your concerns are heard and addressed promptly. We work closely with you to develop effective legal strategies and provide continuous support throughout your legal journey.

Fee Structure: Understanding our fees, any required retainers, and billing practices is crucial. We aim for clear, upfront communication about costs.

Client Involvement: We value your input and explain how you can help us achieve the best outcome in your case.

Competency, Professionalism, and Time Management: These are the principles upon which we strive to operate, and, therefore, our goal is nothing but delivering value to our clients and results at the end.

We’re here to answer any questions and give you the clarity you need to feel confident choosing us as your legal representative.

Our goal is to provide valuable service that aligns with your financial circumstances.

If you’re dissatisfied with our services, please contact us directly. We’re committed to client satisfaction and take your concerns seriously, aiming to resolve any issues by adjusting our approach, clarifying case details, or exploring alternative strategies. Your feedback is a valuable opportunity for us to improve and ensure your confidence in our representation. Email us at office@melaw.ca

In Ontario, the recognized legal grounds include:

• Lack of testamentary capacity

• Undue influence or coercion

• Improper execution (failure to follow legal formalities)

• Fraud or forgery

• Ambiguities or errors in the will

The most frequent disputes involve:

• Lack of capacity (the deceased did not understand what they were signing)

• Undue influence (pressured or manipulated into changing the will)

Undue influence occurs when someone manipulates or pressures the deceased into changing their will—often secretly, through dependency, intimidation, or control.

Proving undue influence is challenging because it usually occurs in private. Evidence may include:

• Testimony from witnesses

• Medical records showing vulnerability

• Financial records or sudden changes to the will

• Patterns of isolation or dependency

An injunction is a court order that restrains a person or company from doing something, or in some cases requires them to do something. In Ontario, the Superior Court of Justice may grant an interlocutory injunction or a mandatory order where it appears just or convenient to do so.

The main categories are:
interlocutory injunctions granted before the case is finally decided;
without-notice injunctions granted on an emergency basis for a short period;
mandatory injunctions that compel affirmative action; and
permanent injunctions granted after trial or final adjudication where lasting relief is required. Ontario’s rules also recognize related remedies such as certificates of pending litigation, and the Commercial List publishes model orders for Mareva and Anton Piller relief and maintains authorities for Norwich Pharmacal orders.

The usual test comes from RJR-MacDonald. The moving party must show:

1. a serious question to be tried;
2. irreparable harm if relief is refused; and
3. that the balance of convenience favours the order.

It is a relatively low threshold. The court is not conducting the full trial on the motion; it is making a preliminary assessment to ensure the claim is not frivolous or vexatious and that there is a real issue worth preserving until the merits can be decided.

“Irreparable” refers to the nature of the harm, not simply its size. It means harm that cannot be adequately compensated in money or cannot practically be cured later, often because damages would not be an effective remedy.

Document everything (photos, dates, communications). Get copies of title or ownership documents. Seek expert reports (surveyors, architects) if needed. Consult a litigation lawyer early to understand your rights, potential costs, and best strategy.

Costs depend on factors like: how many parties are involved; whether expert reports are needed (e.g. surveyor, engineer); number of court motions; discovery and document handling. ME Law provides estimates up front and explores cost-effective routes where possible (e.g. mediation before trial)

Timeframes vary depending on issue complexity, whether parties cooperate, and court scheduling. Simple disputes might resolve in months via negotiation or mediation; more complicated cases (with expert evidence, multiple parties, or appeals) may take a year or more.

Yes. Many parties prefer mediation, arbitration, or negotiation. These methods tend to be faster, less formal, and less costly. However, if the dispute is serious (e.g. ownership rights threatened, large financial stakes), litigation may be necessary.

Potentially, yes. If the court rules in your favour, it may award costs (legal fees, expert fees) to the successful party. However, cost awards are discretionary and depend on the case specifics, conduct of parties, and whether the litigation was reasonable

Under the Bankruptcy and Insolvency Act, a “receiver” includes a person appointed by the court under s. 243(1) and, in some circumstances, a person who takes possession or control of all or substantially all of an insolvent person’s business property under a security agreement or another qualifying court order.

A court-appointed receiver is a receiver appointed by the court, usually on the application of a secured creditor, where the court considers it “just or convenient” to do so. At the Ontario level, the court also has interlocutory power under s. 101 of the Courts of Justice Act to appoint a receiver or receiver and manager where it appears just or convenient.

No. The BIA definition of “receiver” is broad enough to include certain receivers acting under a security agreement as well as court-appointed receivers. That said, many of the most important Ontario litigation questions arise in court-appointed receiverships.

Under BIA s. 243(1), a secured creditor may apply to the court for the appointment of a receiver. In Ontario, Rule 41.02 of the Rules of Civil Procedure also provides that appointment of a receiver under CJA s. 101 may be obtained by motion to a judge in a pending or intended proceeding.

The governing statutory language is whether appointment is “just or convenient.” Under the BIA, the court may appoint a receiver if it considers that just or convenient; Ontario’s CJA s. 101(1) uses the same formulation for interlocutory appointment.

A shareholder dispute is a conflict over the ownership, control, governance, value, or operation of a corporation. In Ontario, these disputes commonly involve oppression claims, deadlock, misuse of voting power, exclusion from management, contested share issuances or transfers, alleged breaches of a shareholders’ agreement or unanimous shareholder agreement, and disputes over whether the claim belongs to the shareholder personally or to the corporation itself.

Usually as soon as the dispute begins to affect control, governance, financing, distributions, management authority, or exit rights. Ontario law gives courts powerful interim and final remedies — including injunctions, oppression relief, compliance orders, rectification, forced buyouts, and winding-up — but many of those remedies are most useful before the status quo changes irreversibly.

A minority shareholder is not without remedies simply because they lack voting control. Depending on the facts, a minority shareholder may seek oppression relief under OBCA s. 248, bring or seek leave for a derivative action under s. 246, apply to rectify the corporation’s registers or records under s. 250, or seek a compliance order under s. 253; negotiated rights in the articles, by-laws, or a unanimous shareholder agreement may also materially strengthen the claim

The oppression remedy is Ontario’s principal fairness-based corporate remedy. Under OBCA s. 248(2), the court may intervene where corporate conduct is oppressive, unfairly prejudicial, or unfairly disregards the interests of a security holder, creditor, director, or officer; under s. 248(3), the court’s remedial powers are broad and include restraining conduct, appointing directors, forcing a securities purchase, compensating an aggrieved person, rectifying records, creating or amending a unanimous shareholder agreement, and even winding up the corporation.

In oppression law, the claimant must identify expectations that were both actually held and objectively reasonable in the circumstances, then show they were violated by oppressive, unfairly prejudicial, or unfairly disregarding conduct. The Supreme Court in BCE treated this as a contextual inquiry tied to commercial reality, and Wilson reaffirmed that this two-part structure remains the framework for oppression analysis.