Civil Litigation

Osgoode HallCivil Litigation

Magrath O’Connor represents individuals and business in mediation, arbitration, hearings and trials before the Federal and Superior Courts as well as a variety of administrative tribunals.  Magrath O’Connor handles  civil cases arising out of contract disputes, tortious acts and omissions, and government, conduct including breach of contract; negligence; occupier’s liability; crown liability;  police misconduct; and breaches of Constitutional or Charter rights.

Personal Injury

Accidents happen, but many accidents can and should be avoided. Anyone who is injured through the acts or neglects of others is entitled to compensation at law for their injuries.

Common causes of personal injury include:

  • slip and fall
  • assault
  • product liability
  • sports or recreation mishap
  • repetitive strain

Prompt legal advice and attention to these claims is essential! Often the evidence to establish negligence against those who caused or contributed to the injury will not be available indefinitely. Also, in certain circumstances, the injured victim is required to give notice of their claim to potential defendants within days of the incident occurring, failing which the claim may be permanently statute barred.

10 Important Steps To Take When Injured

If you or someone you know has suffered a serious personal injury, some very important steps need to be taken within the first few days.

  1. Contact a personal injury lawyer and learn your rights and obligations.
  2. Inform the police about the accident, if appropriate.
  3. Record the names and addresses of involved parties and witnesses to the accident or incident.
  4. Inform your family doctor of the injury.
  5. Notify the accident benefits insurance company within 7 days, if injured in a car accident.
  6. Notify your employer or school.
  7. Record the names and contact information of your health care professionals.
  8. Record all pertinent insurance information.
  9. Keep receipts of all related expenses. Family members should also record dates and time spent caring for the injured person.
  10. Check for other insurance coverage (i.e. through your work, school or private plans).

Small Claims

With the jurisdiction of the Small Claims Courts raised to $25,000.00, a far greater number of commercial disputes will fall within its jurisdiction. The Small Claims Court is designed for use by non-lawyers, and provides very little compensation to parties for their legal expense. Therefore, we accept carriage of small claims only in exceptional circumstances: it is difficult to pursue most small claims through counsel in a cost-effective manner, and as counsel our primary duty is to ensure that you receive sound advice but also economically efficient advice. There are, however, particular points of leverage in the Small Claims process at which judicious expenditure on counsel’s advice can have a dramatic impact, and at those points we have been pleased to intervene and help ensure the right outcome is achieved at the right cost.