ALEMI LAW GROUP
2300 Yonge Street, Suite 1750 M4P 1E4 Toronto, ON, Canada

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What is an Ontario Bankruptcy? Bankruptcy in Ontario offers residents the ability to start over financially. Anyone who owes at least $1,000 in debt that is not secured by an asset, such as a house, can file for bankruptcy. At the end of the bankruptcy process, most unsecured debts are erased, which means that you are no longer liable for them. Filing for bankruptcy, however, does not mean that you will keep all of your assets. Your creditors have a legal claim to what you ow...e them, and if your assets are great enough, your creditors will receive something from you. In bankruptcy, a licensed bankruptcy trustee administers your property in the form of a trust. You hand over your possessions, minus certain exemptions, and the trustee distributes to your creditors proceeds gained from selling these possessions. Thus, creditors do not lose all of what they loaned you when your bankruptcy is finally discharged. Bankruptcy in Ontario erases mostbut not allof your debts. Debts that cannot be erased under bankruptcy include alimony, student loans when bankruptcy is filed within seven years of completing your degree, court fines, and legal damages for assault. Please contact the experienced trial lawyers at ALEMI LAW GROUP for legal advice regarding bankruptcy and insolvency in Ontario. #AlemiLawGroup #TorontoLitigationLawyer #Ontario #Toronto #The6ix #Bankruptcy #TorontoLawyers #Law

A judgment is just a piece of paper until you take steps to enforce it. Collecting the money you are owed by court order can be sometimes be as daunting as the process of getting the order, but you have the choice of several ways to collect a judgment depending on what you think is most likely to get you paid in full as soon as possible: 1. Examination Hearing You may not know what assets or income a judgment debtor has to pay a judgment from. An examination hearing before a ...judge of the Small Claims Court can get you that information. You will need to serve the debtor with a Notice of Examination at least 30 days before the hearing, along with an Affidavit for Enforcement Request setting out the amount owed in the judgment, the amount already paid to you (if any), and the amount still owing. You will also serve the debtor with a Financial Information Form in which they must set out their income and assets. The debtor must attend the hearing and answer your questions about their income, debts, and assets, and providing supporting documents. If they do not, they can be held in contempt of court, and be fined or even jailed until they comply. The judge will make orders about payment, and can set a schedule for payment with consequences for default. 2. Notice of Garnishment This method is most useful if you know where the debtor works or banks. 3. Writ of Seizure and Sale This method can be effective if the debtor owns land or personal property, such as motor vehicles or tools and equipment (subject to exemptions) that could get a good price at public auction. However, the seizure and sale process can be time-consuming and expensive and especially risky if the debtor has few assets. #AlemiLawGroup #TorontoLitigationLawyer #Toronto #Ontario #Litigation #Lawsuit #CivilProceedingsInOntario

If you are involved with a personal injury claim, some benefits you receive will be subject to claims for reimbursement by the service providers. In insurance law, this right to reimbursement is known as subrogation, and it could affect the amount of damages you may receive in a settlement or judgment. You won’t see their names as parties to a claim as they will be advancing their claims through you in a lawsuit. Several agencies that commonly provide services to persons with... personal injury claims may make subrogated claims in your matter: OHIP Under s.30(1) of the Health Insurance Act, OHIP can make a subrogated claim for costs incurred or future costs of treatment for injuries arising from the negligence or wrongdoing of another. This covers almost all personal injury claims except motor vehicle accidents, which are paid out of separate funds insurers pay to OHIP. Private Insurers Group insurance, disability and travel insurance policies often contain clauses granting the insurer the right to bring a claim in your name, at its expense, to recover from third parties the costs of benefits paid out to you. Many long-term disability insurers will require you to reimburse them for LTD benefits out of any settlement or judgment you receive, regardless of how the monies you receive are allocated (pain and suffering, loss of income, etc.) WSIB In most cases, the Workplace Safety and Insurance Board will require you to choose between starting a civil lawsuit or collecting benefits. There are some cases in which you can do both, in which case WSIB will require you to make a subrogated claim on its behalf. Be careful though; If you start collecting WSIB benefits and then start a lawsuit, WSIB will require you to reimburse them regardless of what you may receive, or not, in a settlement or damages. ODSP and Ontario Works While ODSP and Ontario Works have a statutory right of subrogation, most often they will seek an assignment of monies received. This difference can have a significant affect on the amount of money you receive at the end of a settlement or trial. Subrogated claims are usually over and above what you get for damages. #AlemiLawGroup #Toronto

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