There was no specific order on the price, and I never accepted that. Hence I have no contractual obligation to pay the amount. 

The waiter says: the principle of quantum meruit. Latin phrase for the amount deserved. When goods or services are requested and provided , with no agreement on price, the law implies an obligation to pay quantum meruit. The amount normally charged by the service provider for those.

It protects you in  the sense that you cannot be charged than the other person. but if the price is normally charged , you have to pay the same. The idea is that you requested a service, the law requires a quantum meruit. 

The client calls you through your work. And adds an added aspect towards completing it through the deadline. You send out your final invoice , including the extra work. And the invoice includes work done.

The law implies quantum meruit. And it fills in the gap talking about the price. Since there was client which requested the services. So the client has to pay.

Mitigation : Principle of law.  Idea of mitigation is that you have take the reasonable steps to minimize the injuries. When someone has breached the contract. You cannot simply sit back.

You have to take reasonable steps to minimize your injuries , and hence your damages.If you have not taken steps to mitigate , then court can lower the damages claim. 

You are paid certain amount as salary and benefits. under simple contact law, the company is entitled to pay benefits  if the company is letting you go. You have to take steps to find another job. Normally mitigation starts with the idea is to find a similar job. If you find another job ,with similar salary and benefits , your damages claim have been reduced, because you find a job which matches what you had.

If you are a landlord. and your tenants leave after 8 months, in a 12 month contact. Your damage claim starts with 4 months. the landlord has to file for damages with 4 months, You have to mitigate for finding another tenant. That is the idea of mitigation. 

Civil action: one party suing another party. Trying a remedy. A large part of this is not examinable. What happens in a typical civil action: 

Someone drafts / writes a statement of claim.  The basic legal principles that justify getting a legal general remedy.That is served on the other side. Then for a period of time, that the party can file a statement of defense. The party can agree with or disagree with , and these documents which are filed between parties are called the pleadings in the case.

You can also give a statement of defense and counter claim. And then they would have a time to file statement of defense and counter claim . And then they can also file statement of defense and sue for third party claim.

SMALL  CLAIMS COURT: The court of the people. It is a less formal court proceedings. it still serves the statement of proceedings. only damages with equitable remedy can go to small claims court. In small claims court, the judge will ask the questions on the stand, and then give the ruling. You do not need to have a legal representation .The two people can stand and argue. 

Examinable material:

There sis a time limit to bring your legal claim , its called a limitation period. No one at the court house, is checking the limitation period when you file the claim.

You bring a motion before the court, to have something resolved. if you have issued the legal claim outside the limitation period. The other party can bring a motion to dismiss the claim. Limitation period has nothing to do with strong or weak case. After a time, you cannot procedurally file a claim. 

if you are outside the limitation period, you are STATUTE BARRED.Because limitation period are bound in STATUTES. That's where limitation periods are stated.

The piece of legislation that applies now , is called: the LIMITATIONS ACT 2002.

There are 4 main ideas/ principles of limitations act 2002:1. it used to be there were lots of limitations periods for different wrongs. Ex. municipality will have a different limitation period. The dentist for work being done had different limitation period.

The limitations act 2002 created a general harmonized 2 year limitation period to bring in your claim. It has exception, which indicates the different statue limitation period which are recognized. But generally you have 2 years to bring in your claim. This part matters to most of the claims are being brought.

2.Discoverability:ex. Surgeon left an instrument inside of me. I did not have any physical problem immediately.  after a long time, and diagnosis. And there is a surgical instrument, detected. The principle is called "Discoverability" . This used to be a part of a common law. It is never stated in legislation. The 2002 act, now specifically seeks the issue of discoverability. It only applied to cases of negligence  , earlier. Now it applies to general law.The limitation clock does not start running , until the earlier of:     1. I was aware that wrong was being done.     2. A reasonable person was aware.

I now have 2 years to bring my claim because I could not have discovered earlier and reasonable person could not be aware.  

3. Limitations of 15 years. :That has nothing to with discoverability. The 15 years is from the date the wrong occurred. That is the ultimate period in the limitation act in 2002 act. Now there is a limit of discoverability.There are exceptions to the act.

4. It used to be the law, if parties had agreed to the terms in their contract about the limitation period,  the court would enforce that.The limitations act 2002, removed that. Any terms in the contract , that are different from the rights granted in 2002, are invalid. 

ACcess to justice act:New rule that modified the 4th point in limitations rule.Parties to a business contract , could include provisions of the limitation contract which are enforceable.The parties can have their limitations period.The business contract is defined as contract where consumer protection legislation does not apply. 

Once all the pleadings have been served. if you are party to this lawsuit, you created a list of documents which are relevant to the law suit.Documents doesn't mean paper. Video audio recording , emails are included.You can then order a copy of the documents.You are discovering the other side case as well.

Verbal discovery: You can compel the attendance of one representative of the other side,

who knows more about the issue. They will attend the court representative office. and under oath will answer the question , 

Transcripts are ordered. Even before the trial. Settlement conference brief, showing the legal arguments and documents supporting your argument, you are providing a written summary in your case. You will meet with the judicial officer which will go thru and will provide basic consultation about the case, actually looking at the argument if there could be settlement. if not , then case gets set for trial. 

The party can appeal the decision in court of ontario. After court of appeal renders a decision , the only court can go to is, supreme court of canada. The first thing is to request, is request to hear your case, in supreme court. 

-------

There are other aspects to an order of the court. Interest on the money, interest of debt. At the time if the wrong occurred , if we go back in time. 

Pre-judgement interest. Wrong until judgement is given.You have order against somebody, and people do not pay right away. There is interest capital laid on that. it is called post judgement interest. Legal fees/ costs: Generally speaking if you have been successful in legal action. The part of your legal costs will be repaid to you. If you successfully defended an action, a portion of your legal cost will be paid. 

Remedies:1.Garnishment:This is an administrative process by court house, where youc an have correspondence written to debtors. Garnishment means that a portion of their earnings, will be taken away and deliver to you directly. You are garnishing their wages. 2.Writ of seizure and sale: When someone owes you money according to court order, you can register in any judicial counties in ontario. You can do it in every judicial district in ontario. Someone who has registered a Writ of seizure and sale can request, the admin of province can instruct the sheriff to seize the property and sell it The sheriff costs come on top of it.The money will generally be proportionally paid by the creditors by doing the writs of seizure and sale, to the people who lent money.3. Judgement -Debtor examination:The owe money - debtor.Examination is oral exam under oath where they are required to answer about assets, property they own, and other debt that they owe. You can compel a debtor to attend once

a year to a judgement-debtor examination. A judgement is good for 20 years, under court of justice.