Civil Litigation

The Tiffen Law Office provides legal counsel on all forms of civil litigation to homes and businesses in and around Edmonton. While most people will have heard of the more common forms of civil litigation (typically estate litigation, personal injury claims or family law), there are a wide range of other forms non-criminal litigation can take.


Typically, civil litigation involves a dispute over a contract (either verbal or written), or a failure of an organization or individual to fulfill their obligations. The role of a civil litigator is to provide their client with all the information needed for good decision making.


We can take on civil legal matters of all types and degrees of severity. No matter what your issue may be, our seasoned legal team can advise appropriately.


In the first instance, if you need a civil litigation lawyer, we recommend that you get in touch with us to book an appointment, so that we can get more information on your specific circumstances and advise accordingly.

Disputes

From disputes between tenants and landlords to disputes between neighbours or disputes with a health provider, there are all sorts of circumstances where two parties are in disagreement about the appropriate outcome to their issue. It is in situations like these that civil litigation may be considered.


  • Is civil litigation always necessary?

    Although it can be tempting to instigate legal action if a dispute doesn’t show any signs of being resolved, in many cases it’s not necessary to achieve a suitable resolution. 


    Going to court costs money and can frequently prolong the resolution process, without achieving a better outcome.


    At the Tiffen Law Office, our aim is always to ensure our clients are given legal advice and recommendations that optimize the chance of achieving their preferred outcome, at the same time as minimizing costs and reducing the risk of a protracted legal case. 


    In many cases, the same effect can be achieved through mediation, a legal letter or informal means.

  • Can I get a trial by jury for my civil litigation?

    In most cases, no. 


    Civil matters in Canada are frequently settled before they reach court. Even if they do reach court and a trial occurs, it will only be in very exceptional circumstances that a trial by jury would be appropriate. 


    Some civil matters, including foreclosure and partnership dissolution, are prohibited from being decided by a jury. 


    Depending on the nature of your dispute, there will be a specific pathway that it takes if it reaches court, depending on factors such as the type of dispute, the amount of money involved and the action taken to date.


    For the vast majority of disputes, we usually recommend approaches that include mediation and are based on conflict resolution techniques. 

  • Can companies and individuals be liable to civil litigation?

    In a word, yes! Civil litigation is the recourse open to individuals when there is a contractual dispute, or where it is believed a party (be that a company, an individual, a family or an institution) is acting illegally. It is an extremely broad area of law, covering everything from divorce through to disputes over warranties, boundary problems, planning issues, nuisance neighbours, health and safety matters and many more circumstances.


    If you want assistance with a civil litigation matter from one of the best civil litigation lawyers, it’s time to get in touch and discuss your circumstances with the highly experienced team at the Tiffen Law Office.

  • An electrical appliance (under warranty) shorted out and gave me an electric shock - can I sue?

    Being the victim of an injury from an appliance is never a pleasant experience. If you’ve had this happen to you, it is possible to take legal action in some circumstances. Factors that influence the suitability of suing include:

    • The party responsible for the shock – for example, it may have been caused by faulty wiring in your property, or poor storage at the retailers, which created the issue which caused the shock. 
    • Whether you sustained any lasting injuries as a result of the shock.
    • Whether the appliance was being used correctly at the time the incident occurred.

    To discuss your options in more detail, book an appointment with the Tiffen Law Office team.

Failure to act Within the Law

At times, individuals or companies may fail to follow the law appropriately. When this leads to a negative outcome (or increases the risk that a negative outcome will occur), individuals can launch civil litigation proceedings to redress the situation. If you need experienced civil litigators near you, give Tiffen Law Office a call.

  • I have a client who still hasn't paid me for some work - do I have a case?

    If it can be clearly demonstrated that you entered into a contractual arrangement with the other party to complete the work (the contract needn’t be written) and that the work has been appropriately completed then civil litigators near you may be able to take on your case. 


    As well as taking the case to court, there are other options such as writing a legal letter to the client, reminding them of their requirement to pay, use of a debt collection agency, or using mediation to find a way forward. 


    Tiffen Law Office can advise on the course of action that’s likely to get the results you want for the least outlay.

  • Is mediation better than litigation?

    Although many people like to have “their day in court”, the reality is that in most civil litigation cases, mediation achieves an acceptable outcome without the delays and costs associated with a court case. 


    In addition, the courtroom environment can often be quite adversarial, prompting both parties to adopt an uncompromising stance. This can lead to repeated court appearances, all of which cost money, delay the final outcome and don’t necessarily achieve a better outcome for our clients. 


    Mediation is a cost-effective process that is proven to work in achieving successful dispute resolution.


    What might take months in the court system can be achieved in just a few weeks through professional mediation.

  • Is mediation suitable for cases where the law has not been applied?

    Mediation involves an objective approach to a legal matter. By setting aside the emotional aspects of a set of circumstances and focussing on identifying a mutually satisfactory way forward, both parties involved in the dispute can then move on. 


    Mediation has a high success rate. It is almost always cheaper and faster than taking a matter to court. It will also frequently achieve the same outcome as a court case. 


    Mediation can be used to resolve disputes as well as to obtain a suitable settlement where there is evidence to suggest civil law has not been adhered to. 


    When you discuss your case with the Tiffen Law Office, we will suggest mediation if we feel it will be the most suitable way of achieving your desired outcome.

Legal Assistance for Businesses

Businesses can face unique challenges when it comes to ensuring compliance with the wealth of civil law that affects every aspect of their operation. As a civil law and real estate lawyer, the Tiffen Law Office is pleased to assist with the civil legal aspects of your business.

  • I want to change from a partnership to a company set-up for my business. Can you help?

    Tiffen Law Office has experience in assisting businesses at every stage of their growth and development. We recognize that as a business evolves, its structure may need to change to keep pace with its growth. 


    Our team can provide the necessary assistance required to ensure that the move from a partnership to a company is accomplished following the correct process. This ensures the resultant company has the correct legal standing and that the partnership is correctly dissolved. 


    If required, we can also discuss other business vehicles (such as a trust, sole trader, or cooperative).

  • I am buying office premises. Do I need a lawyer?

    The short answer is, not necessarily! There is no legal requirement to have an attorney or other legal representative oversee your property purchases. That said, it’s highly recommended. 


    If you are taking out a mortgage on the property, your lender may insist that you engage an appropriate legal professional to oversee the purchase, to reduce risk.


    Using legal assistance can:

    • Optimize the chances of a successful purchase.
    • Reduce the risk of unforeseen problems with the asset after acquisition.
    • Protect your asset from post-sale disputes.
    • Ensure you’ve considered appropriate insurance.

    As a real estate lawyer, we’re pleased to assist at every stage of your property acquisition.

  • My sub-contractor has caused an accident due to negligence. Am I liable?

    Liability will depend on a number of factors, including:

    • The terms of the contract between you and the sub-contractor.
    • How much diligence was shown when you selected the sub-contractor (for example, what checks were made to verify that the sub-contractor had the necessary skills, knowledge and experience to do the job in line with relevant legislation).
    • Whether negligence is suspected or proven.
    • What legal position and action the sub-contractor is taking on the matter.

    To obtain a definitive answer to your question, we recommend booking an appointment with the Tiffen Law Office to discuss your circumstances in greater depth.

  • Do you deal with tax law?

    Whilst we have tax law knowledge, we recommend that if you have a tax law question, you discuss it with a suitably qualified tax professional. 


    In the first instance, your accountant should be able to assist. As civil litigation lawyers, we are familiar with tax law as it applies to other aspects of civil law. 


    What we can do is determine whether an issue you have has implications under tax law, or whether it is best approached through some other aspect of civil law. 


    We have extensive experience in the law as it pertains to estate management, probate, wills and trust management, which may be pertinent in relation to financial matters. 

Our Services

We are the experienced residential real estate lawyers that also have expertise in civil litigation matters, personal injury claims, and probate.

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Personal Injury Claims

Have you, or someone you care about, been injured in an accident that wasn’t your fault? If you need a personal injury law office for advice and legal counsel on making a personal injury claim, Tiffen Law Office is here for you.


We have years of experience in dealing with personal injury claims of many different types. From clinical negligence through to slips and falls, accidents in the workplace, auto accidents, accidents at shopping malls or accidents arising from the use of appliances or equipment, we can advise on the steps necessary to optimize your chances of a successful payout.


Where you’ve had a payout declined, or are disputing the size of an offered payout, we can mediate on your behalf to optimize the chances of a successful resolution.


Our approach to personal injury claims is pragmatic and empathetic. We aim to get the best outcome possible, whilst minimizing the stress on our clients that the claim process can cause.

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