As well-rounded experts in civil litigation, Topmarké Attorneys provides legal services to persons involved in civil and insurance litigation. We assist with all claims against insurance companies. We also represent individuals and companies in breach of contract and tort cases.

There may be a time limit on how long you can wait before starting a lawsuit, which is outlined in the Limitations Act. If you are uncertain regarding what limitation period applies to your case, give us a call and we will assist you as best we can.

Why Seek Legal Counsel:

Anyone who has a potential civil claim as the either the plaintiff or defendant would have to navigate an intricate process so that the outcome would be positive. In that sense, having a lawyer helps a litigant to strengthen the case along with a proper assessment of the case. More so, this enables the litigant to take advantage of settlement at an earlier stage of proceedings—these benefits are rarely available to those litigants who are representing themselves.

Litigation Procedure:

• Before litigation follows, an informal phone call or letter received from a law firm can start settlement discussions. If this action is allowed, either in Provincial Court or in Queen’s Bench, the defendant gets a chance to turn in documents outlining their position. If the defendant doesn’t follow through this, the plaintiff can obtain a default judgment. This order from a judge would state that the plaintiff has won the case.
• Both parties provide all documents that are relevant to the matter in issue after submitting their claim or defense.
• After this oral discovery is scheduled and each party is subject to under oath questioning with the resulting transcript completing the discovery process.
• When this process is complete, the parties are prepared to schedule trial. If the case is not extremely complex, the time between when you first your meeting with your lawyer at the lawyer’s office and the time of trial is around one and a half to two years.

The Judge will likely award you your costs of the claim pursuant to the Rules of Court if you are successful in your claim. Since trials are often costly and hard to predict, it is important to resolve a file at any point before proceeding to a trial.