LITIGATION (Lawsuits)
Areas of practice:
INSURANCE CLAIMS
Are you getting the run-around from your insurance company? Are they stalling you, or refusing altogether to pay out on a valid claim? This happens on a very regular basis. Insurance companies will often refuse claims or offer far less than the damages suffered, in the hope that you will give up, feeling that you can’t fight the insurance giants. Andrew Hertzog used to represent several insurance companies, so he knows how they work. Now, he uses his experience and expertise to make sure that individuals and businesses receive what is rightfully owing to them by their insurers. He has successfully sued many of the nation’s largest insurance companies on behalf of his clients. You need a skilled and experience litigator who will fight for you in order to force insurance companies to pay what is owing to you, if you want to make a claim against an insurance company, or if you simply want to learn what rights you may have to file an insurance claim, you will want Andrew Hertzog to be on your side.
PERSONAL INJURY CLAIMS
Have you or someone you know suffered serious personal injuries, possibly resulting from the fault or negligence of someone else? Have you had to miss significant time from work? Do you have long-lasting or permanent injuries and/or incapacity? Andrew Hertzog has successfully prosecuted many such claims for his clients, against supermarket chains, big box stores, restaurants, educational institutions, shopping centres, construction companies, bars, municipalities and even private home-owners. If you want to know if you might be entitled to a substantial settlement or judgment, or if you know you have a substantial claim and want to file a lawsuit, you should contact Andrew Hertzog without delay.
PROPERTY DISPUTES
Are you having a dispute with a neighbour? Do you want to erect a common fence or wall ? Is there an issue regarding a right of way (servitude)? Is your property being expropriated? If you are experiencing any such issues, or any other problems affecting your home or property, you need an experienced attorney like Andrew Hertzog to advise you of your rights and to take the necessary action to resolve your situation and to ensure that you have the full and peaceful enjoyment of your property.
WILLS AND ESTATES
Some of the messiest court cases unfortunately pit family members against each other, when it comes to the administration of Estates and the distribution of assets of a deceased family member. The death of a loved one is a tiring and emotional time, and this can be made even more difficult when there are disagreements over how the Estate is to be managed and how and when the assets of the deceased will be distributed. Sometimes the liquidator of the Estate does a poor job of management, fails to provide complete and timely information to the heirs and/or attempts to use their position to their own advantage. It may happen that a family member can illegally influence someone to change the contents of their Will or can misappropriate funds. Such situations call for a delicate yet firm hand. Andrew Hertzog has handled many such issues for his clients and knows how to make sure that the deceased’s true wishes are respected and he will do everything possible to ensure that justice is done without tearing the family apart.
COMMERCIAL LEASE DISPUTES
For many small business, their lease is the most important contract they will sign. These are often very long, complex documents which can be the subject of many disputes over the years. Landlords will often misapply or misinterpret provisions of the lease to the detriment of their tenants, or will even try to enforce lease clauses which may be illegal ! It is crucial in such situations for tenants to fully understand their legal rights and recourses. Andrew Hertzog has long and extensive experience in the drafting and review of commercial leases and in resolving disputes concerning their interpretation and application. In the past he represented several major commercial landlords, but now he mainly represents tenants. In doing so he has won court cases for his clients against some of the largest commercial real estate companies in Québec and Canada. So, if you have a dispute regarding a commercial lease, or if you want some advice concerning your rights and obligations under a commercial lease, you should avail yourself of Andrew Hertzog’s vast experience and expertise in this field.
Please note that Andrew Hertzog does NOT handle residential lease (Régie du logement) disputes.
CONTRACTUAL DISPUTES
Andrew Hertzog has long experience drafting, reviewing and enforcing all types of personal and business contracts and agreements. If you have a dispute, or if you simply want to know what your rights and obligations are under such a contract or agreement, you should consult an experienced attorney like Andrew Hertzog.
PROFESSIONAL RESPONSIBILITY
Have you suffered damages due to the negligence or misconduct of a professional? Has a professional given you bad advice or failed to respect your wishes and/or follow your instructions? Do you want to know what possible rights and recourses you may have in such a situation? If so, you should consult an experienced attorney like Andrew Hertzog. Andrew Hertzog has represented his clients in claims against a wide variety of professionals, including physicians, dentists, veterinarians, accountants, attorneys, notaries and investment advisors. Put his experience in this area to work for you!
PRODUCT LIABILITY
Have you been injured or suffered monetary damages as the result of using a defective product? Do you want to know whether you might be able to recover from the seller or the manufacturer of the product? Contact Andrew Hertzog to find out if you might have a cause of action against them.
EMPLOYMENT LAW
Have you been fired or laid off from your job? Have you been demoted? Have you been subjected to verbal or physical abuse in the workplace? Have you been asked by your employer or by a potential employer to sign a confidentiality or a non-compete agreement? If you want to understand your rights in any of these situations, of if you encounter other problems with your employer, contact Andrew Hertzog.
REAL ESTATE
Are you having issues with the sale or purchase of real estate? These transactions usually involve substantial sums of money and can fall apart for a multitude of reasons. Contact an experienced attorney like Andrew Hertzog to guide you through the process of buying or selling real estate and to help navigate you through any issues that might arise.
CONDOMINIUMS AND CO-OWNERSHIP
Most condo owners do not fully understand their legal rights and obligations. This can lead to any number of disputes and disagreements with other co-owners and even with the condo owners’ association. For help in understanding your rights and obligations, and in resolving any disputes which arise, contact an experienced attorney like Andrew Hertzog.
LATENT (HIDDEN) DEFECTS
After purchasing a building (residential or commercial), did you discover major problems which the vendor failed to disclose? Did the vendor lie or mislead you concerning any of the qualities of the building or make any misrepresentations which induced you to purchase the property or to pay a greater price? If so, you might be able to cancel the sale or to claim damages, including the cost of repairs and/or a reduction in the sale price. If you find yourself in such a situation, contact Andrew Hertzog to be advised of your rights and possible recourses.
CIVIL LIABILITY
Is someone threatening to sue you for damages? Has someone, through their fault, caused damages to you?
Article 1457 of the Québec Civil Code states as follows:
- Every person has a duty to abide by the rules of conduct incumbent on him, according to the circumstances, usage or law, so as not to cause injury to another.
Where he is endowed with reason and fails in this duty, he is liable for any injury he causes to another by such fault and is bound to make reparation for the injury, whether it be bodily, moral or material in nature.
He is also bound, in certain cases, to make reparation for injury caused to another by the act, omission or fault of another person or by the act of things in his custody.
1991, c. 64, a. 1457; 2002, c. 19, s. 15; I.N. 2014-05-01; 2016, c. 4, s. 177.
Even when an individual seems to be within his rights, he may be liable for damages caused to you. Take note of the provisions of Articles 6 and 7 of the Québec Civil Code, which state:
- Every person is bound to exercise his civil rights in accordance with the requirements of good faith.
1991, c. 64, a. 6; 2016, c. 4, s. 2.
- No right may be exercised with the intent of injuring another or in an excessive and unreasonable manner, and therefore contrary to the requirements of good faith.
1991, c. 64, a. 7; I.N. 2014-05-01.
If someone has caused you harm, and you want to know if you have a case against them, or if someone is threatening you with a lawsuit, contact Andrew Hertzog for an explanation of your rights and recourses, and for assistance in managing the situation.
COLLECTIONS
Does someone owe you a substantial amount of money & Are they ignoring your requests for payment or making promises to pay which are never fulfilled? If you do not take decisive action, these issues can drag on interminably and your ability to recover may be put in jeopardy. Andrew Hertzog has been assisting individuals and businesses recover sums owing to them for more than 38 years. He will do everything possible to obtain what is rightfully owing to you. Don’t allow yourself to keep getting put off and/or to continue to accept empty promises and excuses. Contact Andrew Hertzog for prompt and efficient action to recover what is owing to you.