Matrona Law

03/15/2023

HCLA Hellenic Youth Seminar: Tuesday March 28, 2023

The HCLA is committed to promoting legal education in the Hellenic Community and is proud to offer the education seminar “Intro to the Canadian Legal System for Hellenic Youth” on Tuesday, March 28, 2023 from 6:30 p.m. – 7:30 p.m.

The virtual seminar will provide an overview of the legal system in Canada, including the constitutional framework, court structure and litigation process from a practitioner’s perspective and will focus on civil litigation with an emphasis on corporate/commercial matters and on the criminal legal system.

The session is intended for Hellenic youth in Grades 9 through to University/College level, who may be interested in learning more about the legal system in Canada. There is no cost to attend the webinar.

If you are aware of any Hellenic Youth who may be interested in participating in the seminar, we kindly ask that you forward the enclosed flyer to their attention. Participants are encouraged to RSVP to the HCLA email by Friday, March 24, 2023. Please title your email "HCLA Hellenic Youth Seminar RSVP".

10/07/2022

It was some time ago that it was trite law in the City of Toronto by-laws that a contractor could in fact utilize neighbouring property to effect repairs on their client’s property, without consent, or even a permit. This ‘trespass’ was constituted as acceptable in order to carry out essential...

10/07/2022

An injunction is a court order directing a defendant to do something, or refrain from doing something. It is an equitable remedy that is available as either temporary or final relief. There are two types of injunctions: mandatory and prohibitory. A prohibitory injunction restrains conduct while

10/07/2022

To make a claim in contributory negligence as a defence, or otherwise, make sure to claim the Negligence Act , 1930, S.O., c.27. There is no common law legal principle of contributory negligence; its roots are found in section 1 of the Act . Section 1 of the Act creates a cause of action, in

06/28/2022

06/28/2022

Tolling Agreements

Coming up on a limitations deadline? Not sure? Agree to a tolling agreement pursuant to the Limitations Act, RSO, 2002. A tolling agreement is used to pause the clock on the limitation period applicable to your case. For more information on these types of agreements, and how they are used, contact us, or visit our website.

06/27/2022

Promissory Notes - Requirements under the Bills of Exchange Act, R.S.C. 1985, c. B-4

For a promissory note to be legally binding, it must be in writing; it must, with certainty, identify the payor and the payee, and must identify if the promissory note is one of a demand payment, or for a fixed, or future date easily ascertainable. It must clearly stipulate the sum of money to be repaid, and if interest is to accrue, the percentage per annum.

Further, for it to have legal binding effect it must meet the general criteria of a valid legal contract, and must include language that stipulates the payee's unconditional promise to pay!

06/24/2022

Need a consult? Not sure of whether you have a case or not? Message us. Access to justice is a large part of this practice, and we offer a free consultation for up to 30 minutes to give you options.

06/24/2022

"Waste no more time arguing about what a good man should be. Be one."

~ Marcus Aurelius, Meditations

06/24/2022

Choosing a Legal Representative

You may have heard the old saying that there are many fish in the sea (although, climate change is really impacting this).

What to look out for when choosing a legal representative: paralegal or lawyer?

1. Connectivity and Trust - this flows two ways. Do you trust the individual? Do you have confidence in that individual, and confidence that that individual will follow through (within reason)?

2. Can you afford that particular representative? Don't fool yourself; legal fees may add up because practices and procedures are time consuming, strategic insight and experience requires compensation. Don't fool yourself, or the rep into believing that you can afford the fees.

3. Do you know what you want to achieve out of your legal matter? Are you suing out of principle or because of pride? Are you suing because of a wrong that requires compensation in order for you to stay financially afloat? These questions will determine how you perceive the litigation ahead and how you instruct your counsel.

4. Do you and the rep communicate effectively?

5. You don't need to like your rep - but, it is better if you do. Do you? Can you?

6. Are you choosing a rep with lesser experience so that you can ply them, and instruct them to your whim? Lawyers and paralegals must follow the uniform Ethics rules as mandated by the Law Society of Ontario,the By-Laws therein, and the Law Society Act.

Finally:

Choosing a particular representative is largely a personal choice; there are many lawyers and paralegals. Each one has their own creativity and strategy for use in problem solving and negotiations; the Rules exist for all to follow; but, how experienced is the representative? Choose the best fit upon which ethics and trust are based. Your gut is your best instinct - even if it can't process cheese!

06/24/2022

Motions: Superior Court of Justice (Ontario): 2 hour + motions are being booked for April 2023 as of today!

06/24/2022

Chances are, your lawyer likely had a good reason to terminate the retainer: non-payment, breach of trust, lack of confidence, etc. Your lawyer has the right to bring a Motion to the Court to remove themselves from the record; however, to avoid this costly and unnecessary step, you ought to consider seeking counsel immediately. A new lawyer, retained by you, will promptly file a Notice of Change of Lawyer, eliminating the step of your former lawyer filing a Motion with the Court to obtain an Order to terminate the retainer. An Order from the Court in such cases, will always stipulate that the client must find new counsel within 30 days. A failure to secure new counsel within the timeframe enumerated in the Order may result in counsel on the opposite side to move by way of a Motion to strike out your entire claim, or defence, as the case may be.

It is best to keep control in your hands and recruit new counsel right away, so as to avoid the potential of the Motion to strike your claim/defence for violating a Court Order.