News!!
ON THE MOVE
new Address effective August, 2010
411 Guelph Line, Burlington, Ontario, L7R 3Y3
telephone 905 333-0095 (no change)
fax 905 333-1621
mobile phone 905 599-0095 (no change)
email [email protected] (no change)
NEWS IN THE COURTS
SOME ONE WAS LISTENING. Many lawyers and litigants have complained about the costs of taking a dispute to court. As a solution. the small claims court in January of 2010 will handle cases involving claims up to $25,000.00. This change may bring a whole new series of problems arising from the logistics of over burdened court staff, over burdened courts, relaxed rules of evidence, a very particular and sometimes difficult process of forms and process, a shortage of deputy judges and a increase in self represented litigants. Please note cases invloving interests in real property and injunctions, must be dealt with at the higher court. In 2010, new cases under $100,000.00 will be dealt with under the simplified rules. The current limit is $50,000.00 With this and other changes, there is a greater likelihood to resolve the matter is a suumary fashion, whether by motion or summary trial. Costs are also saved with and there is no verbal discovery of the litigants or cross examination on affidavits. This can be a huge costs savings. The obligation to make full documentary disclosure continues. In those cases involving claims in excess of $100,000.00, the discovery process has been shortened, video and other electronic conferencing will be permitted, there appears to be a greater degree of judicial involvement in reviewing the proceedings, to keep it moving to its conclusion, with a view to the economic scope and costs of the litigation.
WHO ARE YOU? NEW CLIENT IDENTIFICATION REQUIREMENTS
Lawyers are now required to secure confirmation of client’s identification and verify the client’s identification. The Law Society of Upper Canada, the governing body for lawyers practicing law in Ontario, as of December 31, 2008 requires lawyers to obtain client identification when retained, which obligation includes includes securing identification for all third party beneficiaries and principals for this client in all new matters. This may require production by the client to the lawyer of current and accurate governmental issued photo identification. The lawyer will need to verify the identity of the client and third party beneficiaries if the lawyer is acting, receiving or disbursing monies on behalf of the client. There are some exceptions, including the payment of legal fees and disbursements. If the lawyer and client do not meet, which is common when a lawyer is hired through the internet, the client’s identiy must be independently ascertained and verified by another lawyer who actually meets the client and secures the client identification and certifies the identity to the retained lawyer. This lawyer must be independent to the client and the cost of this verification will likely be borne by the client. Similarly, partnerships, trusts, corporate clients, except publicly traded companies, crown corporations and the like must also be identified and verified, which verification may also include the production of certificates of status by the appropriate governmental agency in the jurisdiction in which the corporation was incorporated and is currently registered, certificates of incumbency setting out the names and addresses of the current officers and directors, corporate resolutions authorizing the services to be performed and verification of the identities of the individuals shown as the officers and directors of the corporation and those employees or officers of the corporation who will be instructing the lawyer. All of this documentation should be retained by the lawyer. Original partnership agreements and trust deeds may also need to be produced. This process is imposed upon the legal profession to stem the tide of identity theft, fraud and money laundering. see http://www.lsuc.on.ca/latest-news/a/hottopics/new-client-identification-and-verification-requirements/