Civil Litigation

Our lawyers have extensive experience in many areas of civil litigation, including breach of contract, personal injury, breach of trust, trespass, and disputed wills and estates.

Top-tier Legal Representation for Civil Litigation in Colwood, Langford, Sooke, and the West Shore

 At MacIsaac & MacIsaac, your interests take center stage. Opting for our services in civil litigation across Colwood and neighbouring areas means choosing a dedicated team ready to champion your rights in any forum. We handle everything from straightforward scenarios requiring mediation to intricate cases escalating to the courts. Recognizing the daunting nature of civil litigation for individuals and corporations, our team meticulously evaluates the specifics of your case, shedding light on your available options. We streamline processes, ensure adherence to required procedures, and construct a robust case for you, whether it is a breach of contract or personal injury.

For assistance with civil litigation in Colwood and nearby areas, reach out to us. Beyond this, we offer comprehensive support for various legal matters.

Understanding Civil Litigation: Navigating Disputes

Civil litigation involves two parties entangled in a non-criminal dispute resolved through the court system. Whether dealing with breaches of contracts or business disputes, litigation serves as the mechanism to address these conflicts.

Throughout the civil litigation process, the court assesses evidence from both parties to determine the validity of the plaintiff’s claims against the defendant. For a deeper understanding of civil litigation in Colwood and surrounding regions, we encourage you to get in touch with us.

What does Civil Litigation Include?

Real estate litigation: In this complex realm, disputes may involve realtors, mortgage lenders, sellers, buyers, and brokers. Cases may revolve around trespassing on land or concealing property defects.

Contract litigation: Any formal dispute over a contract falls under this category. It addresses violations of fiduciary obligations, breaches of secrecy, and partnership disputes.

Shareholder disputes: Conflicts between shareholders or partners may arise due to breaches of fiduciary obligations, conflicts between major and minor stakeholders, or violations of operating principles.

Personal injury: Individuals file lawsuits when they suffer harm due to another’s negligence. Cases may include incidents where visitors are injured at unsafe locations.

Breach of fiduciary duty: This occurs when someone entrusted with acting on another’s behalf fails to represent their best interests. Partners and directors may fall under this category.

Business torts: Examples include defamation, libel, slander, and wrongful or careless acts, such as fraud and interference with business operations.

Estates: Estate litigation involves disputes over the will or the estate of the deceased.

At MacIsaac and MacIsaac, our meticulous examination of your case involves probing questions to ensure a comprehensive understanding of the issues. Based on this, we recommend suitable options and resolution plans. With years of experience, our civil litigation experts in Colwood and Langford offer practical insights tailored to your case, leveraging the extensive knowledge our lawyers have acquired.

Levels of Court

The province of British Columbia has three levels of courts, each with its specific functions. These include:

Provincial Court: Generally, the Provincial Court handles matters that do not involve claims of more than $35,000.

Supreme Court: The Supreme Court has no restrictions in terms of the monetary damages involved. It can also deal with appeals from decisions made by the Provincial Court, various administrative tribunals, etc.

The Court of Appeal: As the term suggests, this court deals with cases appealed from the Supreme Court.

Civil litigation is a complex area of law involving complicated rules and regulations. Hiring an experienced lawyer with years of experience in civil litigation as soon as possible is best so you do not make costly mistakes.

Civil Litigation Process

The process involves the following steps:

Speak with a lawyer: Engaging with a litigation attorney before initiating or defending a civil case is crucial. They can check the strength of your claim and guide you on the necessary steps forward.

Filing pleadings: At the onset of civil litigation, both parties submit paperwork outlining their perspectives. The plaintiff files a notice of claim detailing losses or injuries, describing the defendant’s alleged actions, establishing jurisdiction, and seeking compensation. The defendant responds to the notice, presenting their side. Accuracy and truthfulness in presenting facts are paramount; an attorney can proficiently handle this paperwork.

Discovery process: Following the pleadings, both sides delve into the discovery phase, gathering additional evidence to bolster their claims. This phase is often the most time-consuming, as both parties aim to enter the trial armed with comprehensive evidence.

Trial: In cases where negotiation doesn’t bring resolution, the matter proceeds to trial. Here, a judge or jury hears the claim, and each party presents evidence accumulated during the discovery phase.

Appeal: Should either party dispute the trial decision, they have the freedom to appeal to a higher court. Timely action is imperative, as cases can only be appealed within specified periods.

All this process can be very daunting, so it is essential to receive help from a lawyer. Reach out to MacIsaac and MacIsaac for guidance on legal cases related to civil litigation, personal injury, wills and estates, and real estate disputes.

Our Approach

Our approach to civil litigation includes the following:

We listen

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We ask questions
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We learn your story
We work closely with you to understand the issues underlying your problem
We offer options on how your story should be told and how your problem could be solved, suggesting negotiation or mediation, where possible, or court, if necessary
We offer a team approach

FAQs

The following are some commonly asked questions about civil litigation in Colwood and elsewhere in British Columbia:

When and how much time do I have to file a civil lawsuit?

The limitation period to file a civil lawsuit varies depending on the type of claim. For most civil claims, the Limitation Act of British Columbia generally sets a two-year limitation period from the date you first became aware of the claim. However, there are exceptions and specific circumstances that may extend or shorten your limitation period. So, it is crucial to consult with a civil litigation lawyer to understand the limitations applicable to your specific case.

What should I do if I am served a civil lawsuit?

If you are served with a civil lawsuit, it is crucial to not delay and take immediate action. You typically have a limited number of days (often 21 or 35 days for Supreme Court, depending on how and where you were served) to file a response with the court. Ignoring the lawsuit and not providing your side of the story can result in a default judgment against you. Please contact a civil litigation lawyer immediately to discuss your options and ensure your rights are protected throughout the legal process.

What are the potential outcomes of a civil litigation case?

The outcomes of a civil litigation case can vary widely depending on the actual dispute, the evidence presented, and the legal arguments made. Some of the most common outcomes include:

  • A monetary judgment in favour of the plaintiff for damages or compensation.
  • An injunction ordering the defendant to take or refrain from taking specific actions.
  • A declaration of rights, determining the legal obligations or rights of the parties.<
  • Dismissal of the case if it’s found to be without merit or if a settlement is reached outside of court.
  • Costs awarded to the successful party, covering some or all of the legal expenses incurred.

Again, the outcome will vary. It is best to consult with a civil litigation lawyer to discuss the possibilities that are likely for your specific case.

Testimonials

The following are some testimonials from our past clients:

“The service I received was excellent. Really appreciate the time Deanna took to answer all my questions and provide great advice about my will. Highly recommend it.”

Anna H

Put My Mind At Ease

“After my car accident, everyone at MacIsaac & MacIsaac put my mind at ease and took care of my case thoroughly and professionally. I felt cared for and taken care of throughout the whole process of my claim. I couldn’t have asked for better representation. Thank you all who helped me at MacIsaac; both directly and indirectly!”

Cameron C

Gets Things Done

“Love my lawyer! Super person and gets things done.”

Susan H

Contact Us Now

Get professional help for your cases from our civil litigation experts in Colwood, Langford, Sooke, and the West Shore. Contact us now for more details.

Let Us Represent You

Our team can handle complex civil litigation matters in Colwood and the surrounding areas. We will safeguard your rights and manage the legalities.