All About Estate Litigation in Toronto

We work hard to earn the right to possess properties and familial things that give us joy. Sometimes the unthinkable happens. We end up having to rely on legal counsel to sort out differences regarding an estate that is rightfully ours. This is where estate litigation assistance comes in useful.

Q: What is estate litigation?

This is a relatively new field in litigation and so only a small community currently exists to handle related affairs. Estate litigation is about helping 2 or more parties resolve conflicts on estates, following the legal method. Legal advisers working in this sector handle various issues for beneficiaries, personal representatives, and interdependent partners of estates.

Q: What are the issues that come under the purview of estate litigation?

• Adult interdependent partner claims
• Dependent relief claims
• Removing personal representatives that cannot keep their promises or fulfill their duties and responsibilities
• Making sure that the estate administration is carried out properly and in accordance with a will and/or the wish of the testator.
• If any dispute takes place, freezing the assets so that neither party can try to take advantage of the situation.
• Analyzing the capacity of the testator to write his will without influence from outsiders
• Administering the estate if another will is produced.

A good litigator uses his experience when dealing with clients and tries to create the right atmosphere for the parties to talk out their issues. 

Q: What are the services provided by estate litigation firms?

The experts in this field in Toronto help in resolving disagreements related to trusts, wills, and estate administration issues. They provide guidance, advice, referrals, and they negotiate, mitigate, and litigate on behalf of their clients. They undertake both prosecution and defense, seeking court action if it is in the best interest of their client.

To Learn More About Estate Litigation, Please Visit: Pinto Wray James LLP

Tags to this Page: All About Estate Litigation in Toronto, Lawyer Toronto ON

Lawyer in Mississauga, ON Discusses The Elements in Divorce Proceedings

The end of a relationship or marriage can be a difficult and a stressful situation for both spouses. Obtaining a divorce or separation is a giant step in one’s life and can be a confusing process. The process can also be complicated if the marriage or partnership includes children, as they are not able to fully comprehend the situation. 

How can a good Family Lawyer help?

When choosing lawyer to help you with your divorce proceedings, it is essential to consider their qualifications and reputation. It is essential they have empathy and will listen to you to understand your situation. It is also mandatory that they have strong negotiation skills and have a good understanding of family law. Most reputable lawyers in Mississauga, ON can offer assistance in matters of family law that includes:

• Child protection and support
• Child custody
• Collaborative Family Law
• Child visitation
• Paternity disputes
• Agreements of separation
• Family property division
• Strategic negotiations
• Spousal support
• Contested court proceedings

What is a Collaborative Divorce?

A divorce proceeding does not necessarily end up in court. In cases where the spouses are amicable, your family lawyer in Mississauga ON will suggest a collaborative divorce, in which the concerned parties will arrive at a mutually satisfying conclusion and part their ways. There are no court proceedings in a collaborative divorce hence, no judgments are passed. There are several advantages with a collaborative divorce. One, the to-be-separated spouses have a better control over the details of the divorce settlement, instead of a judge determining the judgment. Second, it helps to protect the privacy of the spouses and the children.

To Learn More About Divorce Proceedings, Please Visit: Bennett Law Chambers

Tags to the page: Discusses The Elements in Divorce Proceedings     Lawyer Mississauga ON    Lawyer in Mississauga, ON Discusses The Elements in Divorce Proceedings 

Solving Common Legal Issues with a Lawyer in Toronto

When does a breach of contract occur?

An experienced lawyer in Toronto will tell you that a breach of contract arises when one of the parties who are listed on the contract fails to perform the duties that are stipulated under the agreement. If you are the party who has been affected, your company or you have a right to receive compensation. In special circumstances, you may be able to seek specific performance for the fulfillment of the obligations outlined in the agreement. Disputes regarding breach of contract tend to center on the interpretation of the agreement and the relevant regulations and legislation that are in consideration. Therefore, it is important that you employ a reputable and experienced legal team.

What is a wrongful dismissal?

A wrongful dismissal occurs when an employer terminates an employee under circumstances that are in violation of the employment contract. In turn, these give rise to an employee’s right to pay in lieu or reasonable notice of termination and the employer does not fulfill this obligation.

What is a constructive dismissal?

It comprises unilateral actions carried out by the employer which lead to a fundamental change to the employment contract. In turn, this permits an employee to consider the employment relationship to have been ended.

Can a lawyer in Toronto help me with a defamation issue?

Yes. Defamation comprises a false statement to a third party that causes damage to the finances, well-being or reputation of an individual, company, or organization. The legal test that is applied to assess whether a statement is damaging is to assess whether the statement can cause a negative impact on the opinion of the organization, company, or individual in the minds of others or make them vulnerable to ridicule, contempt, or hatred. As the defamation test is objective in nature, the offended party will have to prove that an ordinary reasonable person has understood the statement as defamatory.

To Learn More About Common Legal Issues, Please Visit: Pinto Wray James LLP

Tags to this Page: Solving Common Legal Issues with a Lawyer in Toronto, Lawyer Toronto ON

How a child custody lawyer in Mississauga ON can be beneficial

When it comes to a divorce, the whole process can be a very complicated one. This complexity will be multiplied exponentially should there be children involved in the divorce case. In order to decide on which parent will receive custody of the children, a legal process will be involved.  

Is it necessary to seek the assistance of a lawyer for a child custody case?

An individual who is going through a divorce or separation, the whole process and experience can take them by surprise. With all aspects about the divorce on their mind, a person is normally not in the best state to handle the tasks associated with a child custody case by themselves. Obtaining the services a child custody lawyer can greatly benefit individuals in Mississauga ON in achieving a favorable result.  

How will a child custody lawyer be beneficial?

One of the most important benefits of a child custody lawyer is that they can give the client skillful advice. As a practitioner who has extensive experience on the subject, a child custody lawyer will help make sure the client secures everything that is needed for their children. In addition to this, they will advise the client on the most suitable agreement and help to fight and get through a stressful situation. Another benefit is that a lawyer can help avoid mistakes. In a child custody matter, the legalities involved are very complicated, and the stress the client is experience can affect their judgement. A lawyer will help make sure that these factors will not compromise the client’s case by ensuring that all the required documentation and necessary items are available as needed. Aside from this, a lawyer can help avoid any delays with the case. All the required documentation and paperwork will be brought to the client to be filled out, and assistance provided throughout the process. They will also help avoid issues that may delay the court’s ruling to ensure a quick a resolution as possible.

To Learn More About Family Law, Please Visit: Bennett Law Chambers

Tags to this page: How a child custody lawyer in Mississauga ON can be beneficial, Lawyer Mississauga ON

For Divorce Law Consultations, Visit A Lawyer in Mississauga

Can I get divorced if I did not get married in Canada?

Yes, you and your spouse need to have lived for at least for a year in Canada. Divorce granted will be based on your status as a resident and not the location of your marriage.

Will I need a reason for divorce?

If your marriage has broken down it will become a legal reason for a divorce. If you can prove that you and your spouse have lived separately for at least one year, the law will accept that your marriage has broken down and you can file for divorce.

If I live separated for a long time, does that mean that I am divorced?

Divorce does not occur automatically. A marriage will not nullify because of how long you and your spouse have been separated. Being separated for at least one year will be an acceptable reason for divorce but to receive the actual divorce, you will need to go through the correct legal procedures.

Can I get divorced if only one of the partners want it?

Yes, if one of the partners wants a divorce it will be regarded as proof of a breakdown in marriage. However, you will need to wait for a one year period of separation or meet an approved ground to get divorced.

What is the difference between divorce and separation?

Divorce is a lawful termination that ends your marriage and allows you to marry again if you wish.

Separation is an action performed by a married couple prior to a divorce. After a one-year period of separation, you can file for divorce. During the period of separation, the spouse will live apart with the intention of ending the marriage. You can reconcile if you are legally married at any time.

To Learn More About Divorce Law Consultations, Please Visit: Bennett Law Chambers

Tags to this page:  For Divorce Law Consultations, Visit A Lawyer in Mississauga, Lawyer Mississauga ON

Understanding construction litigation with your lawyer in Toronto ON

Visit Website : www.capannellilaw.com
Office Address : Manulife Building, 393 University Avenue, Suite 2000 Toronto, Ontario M5G 1E6
Call Today : (437) 800-2646 / Toll Free: (855) 660-2427

Construction entails a lot of risks, including legal risks. A lawyer in Toronto ON who is experienced in processing construction litigation can be an invaluable asset to your project.

What are construction liens?

A reputed and experienced lawyer in Toronto ON will tell you that liens are about more than only the preservation of rights. They are mostly about preparing yourself for the successful negotiation of payment with an upper-hand. Whether defending or prosecuting lien claims, it is vital for your lawyer to have a thorough understanding of the intricacies of the Construction Lien Act.

Can you tell me about construction trusts?

Construction trusts can serve as an alternative to lien claims especially when lien rights have expired and you need to negotiate payment.

I face a threat of expropriation. How can my lawyer help me?

Expropriation can take a toll on you, especially if you are at risk of losing your home or business in the process. Your lawyer will provide quality services related to contesting the expropriation decision, negotiating a fair price for a voluntary property sale, and the settlement of business and land valuation losses. He or she will also be able to help you with claiming compensation for losses or damages suffered from the partial or full taking of your land, a construction project in your proximity or even from expropriation implemented by an expropriating authority. An experienced and trusted lawyer in Toronto ON will also pursue settlement negotiations before BON, conduct arbitration before the OMB and argue appeals.

What are professional liability and negligence claims?

In every aspect of a construction project, there are plenty of issues to look into and there is plenty of protection available to you if you are in the hands of a good lawyer. If you have trusted incorrect, ill-informed or misguided advice, speak to your lawyer about it. He or she may be able to prosecute negligence claims against the relevant professional. Whether that person is a property manager, inspector, engineer or architect, your lawyer can help you ascertain the appropriate course of action.

Tags to this page: Understanding Construction Litigation with Your Lawyer in Toronto ON, Lawyer in Toronto