For the last year or so, you’ve been thinking about leaving your job. You enjoy what you do, and you work at a great place, but everywhere you go, you see and hear about people who have created their own businesses. You have some great ideas and some great business skills – and a couple of good friends who are encouraging you to team up with them and “disrupt” the establishment. You’ve now come to the conclusion that the three of you have what it takes to bring your idea to market and succeed.
At the end of March, I spent five days in court conducting a trial. I was the lawyer for the Plaintiff, so the “burden of proof” rested on me (and my client). In practical terms, that meant that it was my responsibility to prove all the essential elements of my client’s case, on “a balance of probabilities.” Many people have heard that phrase, but for many people the notion of proof remains somewhat mysterious. What does it mean to say that something has been proven “on a balance of probabilities”?
In July 2011, I wrote a short piece that was published in the National Creditor-Debtor Review about collecting foreign currency debts in British Columbia, using a statute called the Foreign Money Claims Act. The article highlighted some of the concerns that creditors faced between 2008 and 2011, when the value of the Canadian Dollar dropped by almost 25%, and then rebounded. You can read the entire article here (starting at page 25).
Fast forward to April 2014 and it appears that currency markets are relatively volatile once again: from a high of $1.03 (against the U.S. Dollar) in September 2012 , to a low of $0.89 in March of this year.
I’ve had a few calls recently from individuals and companies affected by land acquisitions for large scale public projects. In some cases, the authority doing the work has expropriated land (or will be expropriating land) and the issue of compensation for “disturbance damages” has come up. What are “disturbance damages”, and how do you calculate them?
In the 7 weeks since I opened Hirji Law Corporation, I have met several new clients. On a few occasions, people have asked me before our first meeting, “What should I bring with me?” – which is an excellent question, especially if you’re meeting a litigation lawyer for the first time.
The vast majority of civil cases settle before trial. Most lawyers estimate the number to be higher than 90%. That is consistent with my own experience, which is that most cases settle through a process of negotiation (sometimes involving mediators, sometimes not) that occurs several months before trial. 2 or 3 times per year, I prepare for trial and the case settles a few days before the trial begins – sometimes the night before. Once or twice a year, I find myself wearing my robes on a Monday morning, starting a trial.
Hirji Law Corporation is a new law firm focused on providing litigation advice and representation to your small or medium sized business. I created the firm out of a desire to provide legal services to small businesses in a more responsive, cost-effective way.
