Civil Litigation Lawyer

Date Posted: February 15, 2021 12:57 am

Civil Litigation

Civil litigation is the procedure of resolving civil matters in a court of law. That is the branch of law handling disputes between individuals and organizations, where compensation is sought, assessed, and granted.

What Areas Do We Cover?

At Haller Law, we can help you litigate various fields of civil law. Jack Haller is a top-notch solicitor representing and advising clients in the following areas of law:

Mr. Haller can also help clients navigate alternative dispute resolution procedures such as collaborative law and mediation.

Extensive Trial Experience

Mr. Haller has extensive experience and knowledge in pre-trial and trial procedures. He has appeared many times before the Court of King’s Bench of New Brunswick, the Small Claims Court of New Brunswick, the Public Service Labour Relations Board, and the New Brunswick Court of Appeal.

Whether it is a personal injury action, a wrongful dismissal, a human rights complaint, a family law dispute, or a debt collection, Mr. Haller will tailor his advice to the client’s unique situation to resolve the matter as efficiently and professionally as possible.

Personal Injuries

Personal injury law deals with legal liability for injuries one person inflicts on another. By filing a personal injury claim, an injured person initiates litigation in which the court assesses submitted evidence and decides whether to grant financial compensation to the victim.

Personal Injury Claims We Deal With

At Haller Law, we can help you with claims resulting from almost all types of personal injuries, including the following:

Whether you suffered physical pain (slip and fall accidents, dog bites, medical malpractice), or someone hurt your reputation and emotional integrity (defamation, intentional infliction of emotional distress), we have your back.

We also help many clients injured in motor vehicle accidents. Over 18 years of experience representing clients and insurance companies gives us the credibility and confidence that we will successfully resolve your injury case.

Family Law

Family Law

Jack Haller has 18 years of experience in family and divorce law.

Divorce is a complex emotional and legal process that includes strong emotions such as anger, fear, and resentment. Handling divorces in court litigation requires the assistance of a lawyer experienced in high-end divorce cases. Divorce specialist expertise is decisive in handling various business, property, and tax issues typical for high net-worth divorce cases. You do not have to seek further. At Haller Law, we have got you covered.

What Are the Key Aspects of the Divorce Procedure?

In addition to terminating the marriage, divorce involves issues like marital property division, child parenting, spousal support, and access and child support. The court process is adversarial, meaning parties take opposite sides trying to convince the court their claim has merits. A well-versed family law lawyer will gather evidence and present your case convincingly, helping you win child custody, child support, and spousal support.

How is Marital Property Divided Under Canada Law?

In Canada, each province regulates marital property division separately. New Brunswick law defines marital property as assets the spouses acquire during the marriage. New Brunswick adopts the so-called equitable distribution system, meaning each spouse has the right to an equal share of marital property and debts. 

What Are the Exceptions to the Equal Distribution Rule?

In some cases, the court can grant more than one-half of the marital property to either spouse. When determining whether an unequal distribution is justified, the court considers various circumstances, such as:

  • The length of the marriage
  • Age and health of each spouse
  • Property and income of each spouse at the time of marriage
  • Labour, support, or money contributions to the property
  • Destruction of marital property
  • Other factors impacting fair distribution

What is a High-Net-Worth Divorce?

A high net-worth divorce involves a multi-million dollar family estate. They include valuable property and debts, such as family businesses, professional practice, real estate, stocks, trusts, retirement accounts, letters of intent, executive bonus packages, shareholder loan accounts, etc.

Well-versed in financial matters, Jack will protect your interests by tracking and scrutinizing your spouse’s assets and liabilities, including hidden assets.

Contractual Disputes

Both individuals and businesses rely on contracts in performing their everyday operations. Contracts are binding agreements with clients, employees, partners, and vendors that define the responsibilities of both parties. However, one of the parties sometimes fails to act under its stipulated obligations. In such a case, a breach of contract occurs. Although the contracts are legally binding, the only way to enforce them is in court. It is practically impossible to succeed in litigation and recover the damages without the help and representation of a contract dispute lawyer. Mr. Haller is undoubtedly one of the most experienced in this area in the greater Moncton area.

Types of Breaches

Under Canada Law, there are two types of contractual breaches: non-material (minor) and material. In the first case, non-compliance with contractual terms does not compromise the integrity of the contract (for example, a one-day delay in delivery or payment). On the other hand, a material breach compromises its existence. Refusing to pay the price or rent constitutes a material breach.

What Types of Breach of Contract Remedies are Available?

Depending on the type of breach, there are three types of remedies available in Canada:

  1. Damages
  2. Specific Performance
  3. Injunction

How to Prove Breach of Contract in Court?

To prove your breach of contract allegations, you must show that there is a valid agreement between you and the non-compliant parties. Next, you must show the other party failed to fulfill their obligation, causing monetary damage to you.

Employment Issues

Disagreement with working conditions, labour standards, and salaries are just some of the numerous situations that may lead to an employment dispute. At Haller Law, our experience in court will ensure that any of your claims against your employer regarding severance pay or working conditions end successfully.

What is Employment Law?

Employment law / Labour Law is a branch of civil law dealing with the relationship between the employer and the employee.

What Does Employment Law Comprise?

Employment law is a broad area of law comprising various aspects of the employer-employee relationship:

  • Collective agreements
  • Labour relations
  • Human rights issues
  • Workplace harassment
  • Workplace privacy and data security
  • Workplace safety
  • Workplace ethics
  • Work immigration
  • Policies and procedures

Litigation Support in Employment Cases

At Haller Law, we offer top-notch representation in all employment cases. With Jack Haller on your side, you will easily navigate complex court procedures. Whether you experienced wrongful termination, workplace harassment, or confidentiality breach allegation, Mr. Haller will go the extra mile in defending your claims in court. With unmatched drafting, research, and oral skills, he can present your case with confidence, clarity, and determination.

Alternative Dispute Resolution

Alternative dispute resolution is another area where Mr. Haller excels. Resolving a dispute out of court is one of the most time and cost-effective mechanisms nowadays.

Collaborative Law

Collaborative Law

When using the collaborative law method for handling your disputed legal issues, Mr. Haller is highly qualified and trained to facilitate a broad range of family-related disputes that are part of the collaborative law process. He will make sure your rights are in safe hands during negotiations with the other involved party. There will be no settlement if it does not fit the best interests of his clients.

With in-depth knowledge of finances, psychology, and communication, Mr. Haller will effectively cooperate with experts you hire as part of your collaborative divorce team.

Do not forget that collaborative law lawyers work together to achieve mutually beneficial outcomes. Jack Haller will engage in warm, collegial relationships with the opposing lawyer while protecting his client’s best interests at the same time.

Mediation

In mediation, another alternative dispute resolution method, Mr. Haller will diligently follow negotiations throughout the entire procedure. The mediation process consists of the following stages:

  • Introduction
  • Opening statements
  • Private sessions (caucuses)
  • Joint session

Mr. Haller will protect your interests in each stage, ensuring you get the most out of mediation negotiations. In private sessions with the mediator and during a joint session with the other party, his experience will help you navigate the process and reach the best possible outcome.

After you settle, Jack will diligently scrutinize the settlement agreement, ensuring it reflects the agreed-upon terms. Never sign an agreement before consulting with Mr. Haller.

Collecting Debts

Jack’s expertise will also facilitate collecting debts from any responsible party. That includes initiating private negotiations with the debtor to settle the debt and ensure the owed amount is collected as soon as possible. However, some responsible parties are unwilling to communicate. In that case, a lawsuit will ensue seeking damages from the opposing party, including all applicable legal fees. The years of litigation experience at Haller Law will prove to be the most valuable asset for any client, whether it’s small claims court or the Court of King’s Bench.

Reach Out to Us

Feel free to contact our firm for all of your litigation needs. Reach out by phone at (506) 204 – 1203 or email us at jack@hallerlaw.ca. The initial consultation may be free.