?> If it’s personal, it might not be smart to sue ! | Andriessen & Associates
January 2018
M T W T F S S
« Dec    
1234567
891011121314
15161718192021
22232425262728
293031  
Recent Tweets
  • Have a great weekend - we'll see you back here Monday. 2 days
  • A good contract is written in plain English - don't be fooled by complicated words - if you don't understand it, do not sign it. 2 days
  • Certain types of contracts are complicated - leases, tenancy agreements, licensing agreements to name a few. Get l… https://t.co/qGtuwmBXsI 2 days
  • Worried that the signor of a contract on behalf of a company may not have authority to do so? Ontario's Indoor Man… https://t.co/lZ6rMxsmj6 3 days
  • In case you need to sue, be sure your agreement says you are entitled to your actual legal fees. If you don't, the… https://t.co/3YCnK5jExu 3 days
  • Yes, a verbal agreement is enforceable, however, it's harder to prove and creates uncertainty. Handshakes are best… https://t.co/PXmFk5p54f 4 days
  • A good written agreement will note that it cannot be changed, except by agreement, in writing, by all parties to the agreement. 4 days
  • Before you sign a contract, know who you are dealing with: are they an incorporation, a partnership or an individua… https://t.co/hxoCqtA0fJ 5 days
  • This week on the Blog our Law Clerk Christine Allan talks about Company Handbooks. https://t.co/gZYoyYRHLV 5 days
  • If you are dealing with a business outside of Ontario, make sure you understand if Ontario law applies and if you m… https://t.co/omVfbG7AWb 5 days

We as humans have a great attribute to persevere. We like to think that everything will work out in the end if we keep fighting for what we believe is right. This idea can get you far in life but it can also cost you a lot especially in the legal field.

One of the first things, all individuals should know prior to commencing a claim is that “if it doesn’t make dollars, it doesn’t make sense” (Big Pun reference). In the legal world personal feelings and grudges cloud the mind of all those involved and it leads to money being wasted with little to no recourse for recouping those losses.

If your reason for commencing a claim is personal or the individual you are going after has no money to pay a judgment, it may be better to seek alternatives to commencing a legal action. This may include having a conversation with the opposing party, seeking a mediator or just cutting your losses. While, the ladder may be hard to swallow, it may make be the difference between losing hundreds and losing thousands of dollars.

Looking at commencing a claim as a business decision is something many lawyers won’t broadcast. As a field we work on billables and nothing drives up billables like personal feelings. However, advising a client about treating a claim as a business decision opposed to a personal one is what retains clients long term.

In our firm, we conduct searches ahead of starting a law suit to be certain there is something to collect a Judgment from. Many other firms don’t do that – you need to ask yourself why?

So, long story short, always say to yourself, “if it doesn’t make dollars, it doesn’t make sense” and if it does make dollars, commencing a legal claim may be the next logical business decision.

Harman S. Toor JD
Associate Litigator

htoor@andriessen.ca