Insurance Lawyers in Toronto Can Help With Your Insurance Dispute

In the business of insurance everyone will encounter different types of risk, one of which is the very common occurrence of having benefit claims denied. In some cases, the issue is easily resolved such as when there are documents or information that are lacking and all you have to do is comply with the requirements. In some instances, however, the best course of action is to get professional help from insurance lawyers in Toronto to properly find a resolution for the matter.

Insurance claims may be denied for many different reasons. Usually they are rejected when:

• Claims are filed too long after the date of service.
• The insurance company misplaced your claim and it did not make it into the system before the deadline.
• You have non-covered charges.
• Services were provided without the proper authorization.
• You used an out-of-network provider.
• There may be typos or minor data entry errors.
• Your claim may have outdated insurance information on file for you.
• The insurance company claims that the policyholder intentionally caused a loss.
• The insurance company claims it did not receive a premium payment on time.

Most people would like to believe that insurance companies will honor their obligations when a valid claim is made and that when there is a denial of a claim the insurance company can provide valid reasons for the denial. The truth of the matter is that insurance companies have a financial self-interest to not pay a claim. Payments made to insurers simply diminish the cash reserves that insurance companies must maintain to stay afloat. As a result, insurance companies often interpret policies to minimize required payments towards valid claims or, especially in some situations affecting large numbers of people or things, they simply refuse to pay.

Insured parties who may feel that the denial of their claim is unreasonable can always choose to file an appeal for reconsideration. You can choose to represent yourself in an insurance dispute, but hiring an insurance attorney with experience in insurance litigation and the nuances of interpreting insurance policies will prove to be more advantageous to you.

There are many benefits to getting an insurance lawyer in Toronto to handle your insurance dispute:

1. The right lawyer can go through the policy and assist you in understanding the terms and conditions of your policy, in particular the critical conditions in the fine print that you cannot easily interpret that may have an impact on your claim.
2. He or she can review the basic facts of your policy such as the potential worth of your claim, the deadlines you need to follow, and direct you in completing the documents or requirements you have to submit in order to properly file the claim under the policy.
3. An experienced dispute insurance law attorney can help you file suit and litigate through trial on your behalf in the event you will need to fight the denial of your claim in court.
4. Attorneys can help you determine the best course of action once your dispute turns into a legally complicated matter.
5. An expert lawyer has handled many cases and will definitely have a standard process in collecting evidence and presenting them for evaluation in order to make sure you get the compensation you deserve.

When your insurance dispute becomes too difficult to handle, you don’t have to stress about your case and deal with the insurance company on your own. Working with insurance lawyers in Toronto can help relieve a significant burden on what to do next. They will be able to guide you on your legal options and help you figure out the best strategy to use to win your case.

How Toronto Corporate Lawyers Can Help your Business

Corporate lawyers in Toronto, and in other areas of Canada, build their careers working with a corporation managing the legal responsibilities and obligations that the business faces. Some may work at a law firm and be retained by a corporation, but they could also work in-house in a small corporation as the lone legal adviser, or with numerous other lawyers of different field specialties in the legal department of a large corporation. They can also be hired as a temporary contract lawyer, offering business advice to companies of all sizes on a few different projects, or on a single project for a longer period of time.

Typically, the large corporations such as banks, insurance companies, hospitals, retail stores, oil firms, biotechnology and manufacturing companies, and energy and communications companies require corporate lawyers for full-time services. Small companies on a tight budget typically consult a lawyer on a need-to basis.

Corporate lawyers are highly specialized in various areas of corporate law, including contract negotiations, securities and tax law, code compliance, mergers and acquisitions, intellectual property, tax law, bankruptcy, financial reporting, employment, collections, patents and trademarks, real estate, incorporation, litigation, international commercial law and many other areas of specialization. Their tasks can be as routine as drafting standard contracts, or as rigorous as resolving conflicts or facilitating mergers and acquisitions.

Small businesses can benefit in many ways from a corporate lawyer:

1.         Obtaining advice on the best legal structure for the business. Choosing whether your business should be established as a sole proprietorship, partnership, corporation, or a Limited Liability Corporation can be complex. A corporate lawyer will be able to discuss with you all the legal and administrative requirements, tax consequences and liabilities of each to help avoid errors or omissions that may result in financial and tax penalties.

2.         Drafting and executing employment agreements. Employer and employee relationships are subject to certain labor and tort laws, that a carefully drafted contract can make a difference in protecting the interests of the business. A corporate lawyer can word the contract accurately and include important elements, such as a non-disclosure clause or a non-compete clause that benefit both employer and employee.

3.         Provide legal counsel in the event of a reorganization, merger and liquidation. Major changes in the structure of a company involves very complex transactions and numerous actions. Corporate lawyers can help facilitate activities such as the adoption of resolutions, drafting contracts, negotiating agreements and the completion of administrative paperwork that are related to corporate and tax matters.

4.         Exit strategies. Selling the business, retirement, or if a business partner dies or leaves the company can involve substantial personal and financial consequences. A corporate attorney can help you develop your exit plan well in advance and provide advice for business entity organization, structuring business operations and intellectual property development strategy to help you make the right decisions and maximize the value of your business.

5.         Represent business owners in equity transactions. A corporate lawyer can represent companies from the earliest stages of formation and through multiple rounds of innumerable corporate financings and provide necessary documentation for all financial transactions. They can provide legal advice on critical corporate legal issues so you can minimize risks and make informed choices to maximize the reward.

Whether you are operating a small business or a company with shareholders, Toronto corporate lawyers can only add value to your business. The invaluable legal counsel they can provide will ensure that your business risks are minimized and corporate functions conform to all local, state and federal applicable laws on every level so as to prevent legal problems that can potentially affect bottom line.

How Can Toronto Tax Litigation Lawyers Help You in a Tax Dispute

Practice Group Lawyers

•  Larry W. Keown
•  Lawrence Hansen
•  Shawna M. Sosnovich
•  James M. Satin
•  Carrie Kennedy
•  Justin R. Winch
•  Flora M. Poon
•  Marty Rabinovitch
•  Christopher W. Statham
•  Alexandra J. Tratnik
•  Sara Mosadeq

Toronto tax litigation lawyers are a special breed of litigators. They are all professionals highly specialized in taxation law, and some of them have additional qualifications as chartered professional accountants or chartered accountants (CPA or CA). In addition to understanding tax laws, they are also knowledgeable about the administrative procedures that govern the day to day workings of the Canada Revenue Agency (CRA) and the Tax Court of Canada.

If you are facing a tax dispute with the Canada Revenue Agency, tax litigation attorneys can help in every stage of the process.

Tax Audit

All personal and corporate tax returns are usually evaluated by Revenue Canada. In some cases, they find numerical or clerical errors that may lead them to question whether a person or a business has paid the right amount of taxes, and they might request an audit.

During a tax audit, auditors will examine documents either at your place of business (on-site audit) or at his or her office (office audit). He may ask to see one or more of the following documents:

• Invoices
• Contracts
• Bank statements (yours and other family members), and
• Previously filed tax returns

A tax litigation lawyer can represent you throughout the audit process to make sure that your legal  rights are protected and to see to it that auditors stay within their boundaries and only obtain information that are within what the law allows.

Tax Reassessment

Once the audit is completed and auditors determine that you need to pay additional tax, they will send out a Notice of Reassessment, which will tell you the reasons for the reassessment and the total amount of tax that you still owe.

Once you receive the Notice of Reassessment from the CRA, you will have 30 days to respond. It is critical at this point that you consult with a tax dispute lawyer to review the CRA’s explanations of the reassessment  in order to determine if their decision is justified. If you disagree with the CRA’s decision, your tax attorney will help you prepare the Notice of Objection

Tax Appeal

The Notice of Objection will serve as your appeal for a reversal of the decision. It is highly recommended that a tax dispute attorney prepares your Notice of Objection. Your lawyer will be able to set out the relevant facts and your reasons in a fluent and persuasive manner, using applicable laws of the Income Tax Act to to strengthen your position and support your appeal. Aside from this, a tax lawyer at this point can provide guidance and sound advice to help you understand your rights, what points you can appeal, and what to expect during the entire process.

Tax collections and penalties

Every person and business in Canada are required to pay a variety of local, state, and federal taxes, which may include income tax, sales tax, payroll tax, and excise tax to name a few. Tax lawyers can help you understand what taxes you are required to comply with as well as the corresponding penalties the CRA can impose for any unpaid taxes.

Nothing causes such panic to any individual or business owner than receiving a letter from the Canada Revenue Agency. If you are being assessed and need representation, Toronto tax litigation lawyers can competently handle litigation matters and settle all types of tax disputes whether outside of the courtroom or at the many different levels of provincial or federal courts.

3 Reasons Why You Need to Hire a Barrie Estate Planning Lawyer

There are so many variables and factors covering estate planning that an ordinary person may not think of that can lead to mistakes that can end up to long-drawn-out delays and extra expenses for you and your heirs. Investing significant time and effort to find a qualified Barrie estate planning lawyer to help you establish a solid estate plan can really make a huge difference.

With so many do-it-yourself legal documents and estate planning software that are being sold online and in retail supply stores, some people are being led to believe that they can handle all their estate planning needs all by themselves. Do you really need an attorney to help put your affairs in order, and organize your estate, in case you die or become disabled?

There are plenty of good reasons to get personal advice from a trusted and qualified estate planning lawyer.

There are unique laws pertaining to estate planning

In Canada, estate laws differ from province to province. These laws are very technical and very specific about what can and can't be included in wills and trusts, in healthcare or financial power of attorneys or in beneficiary or guardianship designations. There is also a standard process involved that require certain formalities to be followed when signing wills and trusts, or medical or financial power of attorneys. In addition, there are tax implications that may affect the value of your estate and how it is distributed after your passing.

If you plan your estate yourself, you’ll need to study the law, take into account other states’ laws as well since different states may have different laws and also keep up with frequent changes in the law to update your estate plan. That’s not a very easy thing to do.

If you hire a Barrie lawyer who specializes in estate planning he will be able to give you the most basic legal advice relevant to your specific needs at the very least. If your estate needs to address a number of specific concerns,  qualified attorneys can provide more comprehensive planning services, such as specific advice on tax implications and related laws on the guardianship of minor children, care for elderly or disabled dependents, or dealing with extensive real estate holdings or complex charitable gifts.

Estate planning involves a lot of very detailed work

The most basic estate plan should include:

●     Will or Trust

●     Durable power of attorney

●     Beneficiary designations

●     Letter of intent

●     Advance Health Care Directive

●     Guardianship designations

All these documents should be articulated in a way that is legally valid in your state and in other states’ laws to be considered legally binding and also to minimize heirs’ tax implications. Completing these forms will require a great deal of attention to detail. One wrong word or one missing signature can make the document invalid and could cause legal problems that can get expensive.

Estate lawyers are properly versed in the law and will know to use the right words and phrases to accurately convey your intentions, as well as the requirements for the proper execution of these documents in order to limit any possibility of misinterpretation and invalidity.

Estate planning involves many issues

The planning process involves heavy decisions that affect family members, your health care, the control of your business, finances and real estate properties. A relatively simple estate can be challenging enough to plan for. However, if your estate needs to deal with complex family or financial situations, such as divorce, second or late marriages, non-married couples, minor children, children/relatives with special needs, disabled family members, no heirs, multiple real estates, multiple businesses, a taxable estate, etc, then you will need legal and tax guidance to ensure that your estate will be taken care of properly in the event of your death or disability.

Planning your estate carefully requires critical knowledge necessary to maximize the value of your estate and make it immune to potentially hefty tax consequences and lengthy court processes. It’s best to seek the advice and services of a knowledgeable and experienced Barrie estate planning lawyer to guide you through the process to ensure that you protect your family from trouble in the future.

Consult With Toronto Insurance Defense Lawyers for Your Claims and Disputes

When you get into an accident or are brought into disrepute or danger in any way and you file a claim with your insurance company, you would naturally expect them to accept your claim to cover the costs of damage. That is, after all, the very reason why you bought insurance in the first place. In some cases, however, it is not always easy and you may find that the insurance company can either undervalue, under-pay, delay, or even completely deny payment of your claim without proper reason or warning. Toronto insurance defense lawyers can defend your interests when you are faced with any issues relating to your insurance coverage.

Insurance defense attorneys are highly specialized in the practice of insurance defense law. They have extensive experience in numerous areas of insurance claims and disputes, such as the following:

●     Personal injury

●     Health insurance claims

●     Homeowner claims

●     Condominium insurance claims

●     Automotive disputes

●     Insurance fraud

●     Construction insurance claims

●     Property damage

●     Product liability

●     Professional liability insurance claims

●     Malpractice insurance claims

●     Insurance coverage disputes

●     Insurance class action defense

●     Cybersecurity and data privacy

●     Life insurance claims

●     Disability insurance claims

●     Bad faith claims

There are many different types of insurance and each may cover very different types of claims which will warrant their own types of disputes, depending on the way that the claims are paid or denied. Usually insurance companies provide common reasons for denying insurance claims:

●     Your claim is not covered by your policy

●     Coverage has lapsed for the time period specified in the claim

●     Missing or incorrect information within the claim

●     Your claim is perceived to be false, lacks legal merit, or is made in bad faith

●     Related costs are considered excessive or unnecessary

To avoid these issues, it’s advisable to carefully read all aspects of your insurance policy and to  make sure that you fully understand your coverage and claims before purchasing any kind of insurance policy.

Practice Group Lawyers

•  George O. Frank
•  David G. Lavkulik
•  Lawrence Hansen
•  Pamela L. Blaikie
•  Jodi E. Herszkowicz
•  Jennifer M. Hetherington
•  Maya Krishnaratne
•  Pradeep Chandrashekhar
•  Lianne Sharvit

In some cases, insurance disputes can be resolved by filing an appeal or working things out with an insurance representative. If your dispute cannot be settled in any of these ways, then you will need an experienced defense attorney to negotiate your position and, if necessary, take the claim or dispute to a court of law.

Many people passively accept denials of their insurance claims without question because they don’t want to go through the bother of appealing, negotiating and, possibly, litigating their case. This is why some people have the wise sense to consult with an experienced insurance attorney even before a claim is denied in order to avoid any possible denial.

As soon as you see these warning signs, make it a point to consult with an insurance defense lawyer immediately:

●     The insurance company tells you that your claim has been transferred to a “special investigation unit”

●     You have been asked to attend an “Examination Under Oath”

●     Your claim remains unresolved after 6 months or more

●     You notice that the insurance adjuster is asking you too many questions and/or asking for too many documents

●     You feel that the insurance adjuster is showing cautious distrust and is suggesting or insinuating

A claim denial can be very disappointing and frustrating and going head to head with your insurance company for any type of dispute can be scary and intimidating. No doubt your insurance company will have their attorneys working for them. It would benefit you a lot if you have your own attorney fighting on your side. Toronto insurance defense lawyers understand the twist and turns of the claims process and are experienced in the courtroom and will take appropriate steps to protect your rights and, possibly, hopefully, change the outcome of your case.

Two Tips for Choosing Estate Lawyers in Toronto

For many Canadians who have not taken any step towards hiring an attorney to help them with estate planning, searching for the right legal professional may seem like a difficult task. However, if you are willing to invest significant time and effort you can find a lot of estate lawyers in Toronto who practice a wide variety of Estate Law in your province.

Estate planning can, at times, be a complicated task that involves figuring out a lot of deeply personal and, usually emotional matters, such as how to protect the interests of children or family members with special needs, and how to keep assets protected against threats from creditors, family law claims, and litigation from those who seek a bigger share of your estate. Having someone by your side who is knowledgeable and experienced to clearly understand your wishes and figure out how to protect your interests can greatly help to make the entire process bearable for you.

Here’s what you need to do to ensure you select an estate planning lawyer who will be the most suitable for you.

Choose an attorney who has particular specialization in probate and/or estate planning

Every attorney has expertise on a particular area of law. In matters of probate or estate planning, you’d want to limit your search to estate attorneys who are Estate Planning, Trust and Probate Law Certified Specialists. The professional certification signifies that an attorney has taken additional courses in the area of trusts and estates, has passed a lengthy written qualifying exam and has had at least five of years of experience practicing in this area of law.

Estates and trusts law in Canada require attorneys who practice in this field to be specialized and obtain basic instruction on these topics. In addition, continuing legal education and experience is also necessary in order to keep up with the changes on legal and tax implications, state rules for intestate succession, and various estate planning and estate administration issues.

Evaluate your needs to identify what type of probate and/or estate lawyer you need

Probate law and estate law are two different fields of practice. While both probate lawyers and estate attorneys understand the same substantive law, each differ in their area of practice. Probate lawyers focus more on  litigation and can help you with matters that involve the court, such as establishing the authenticity of a will, arranging a guardianship for an incapacitated person, and even prosecuting or defending your will if contested. Estate lawyers, on the other hand, deal more with transactional activities that involve planning for contingencies arising from incapacity or death. Many probate and estate lawyers choose to specialize in one area over the other, but not on both. On the other hand, there are some who do focus their practice on both areas of law.  

Evaluate your needs and determine if you need a probate lawyer or an estate planning attorney in order to make sure that you will hire an attorney with the proper expertise and experience to handle your specific legal matter.

Even if you have a relatively simple estate, it is always a good idea to consult with estate lawyers in Toronto. Estate and trusts laws in Canada are strongly influenced by so many variables and factors that you may easily fail to think carefully about before making a decision. Hiring the right attorney to meet your specific requirements will make a huge difference in preventing a variety of legal complications and unnecessary expense.

Choosing the Right Corporate Lawyer in Barrie for Your Small Business

When you are starting a business in Barrie, Ontario, it is important to have a reliable corporate lawyer in Barrie right from the very start to advise you on complex legal questions and represent you in all types of business law matters. With the right expertise on your side, you can feel confident you’ve got your legal concerns covered as you focus on getting down to business.

Hiring and working with a lawyer can often be a daunting task however, especially if you’ve never worked with a legal professional before. Here are some tips on what you should look for in a business lawyer and how to deal with the attorney-client relationship:

Hire a lawyer early on

Many entrepreneurs who are starting put off hiring a lawyer until they find themselves in some kind of legal trouble. Attorneys charge high rates and many small businesses don't have much money set aside to pay lawyers, so it is understandable why they wind up using self-help resources instead.

While you certainly don't need an attorney for every step of running your business, there are a few situations when you are just starting out where you'll want or need the advice of a good corporate attorney. A few examples are when:  

• If you are forming a partnership
• Before incorporating your business
• When you are entering into a lease
• When you are planning on taking money from investors
• When you are putting a product that might create some liability issues
• When you are buying or selling a business
• When you are hiring employees with access to company secrets or confidential information
• When you are negotiating contracts with customers and suppliers
• When you are raising capital

Basically, you will want to make sure to hire a lawyer before you do something that’s going to get you into trouble. Getting good legal advice is not free, but often it will save you money and help your business in the long run.

The best strategy for any start-up is to establish a client-attorney relationship early on,  even before an actual need arises. Start finding a good start-up attorney with a reasonable rate for basic services like an initial consultation or to get basic business formation and deliberately include those numbers into the budget as you get the funds together to start your business. The sooner you start getting good advice, the better off your business is going to be.

Ask about their fee structure

You need to plan for your business’ legal costs, so don’t hesitate to discuss payment arrangements with any potential lawyers you plan to hire. Basically you will want to know

• how much the attorney charges,
• how often you will be billed, and
• whether the attorney may consider an alternative fee arrangement.

Most startups will deal with attorneys that will likely charge from $150 an hour for a junior lawyer at a small firm in a smaller city and up to $1,000 an hour for senior partners in big firms in major cities. Lawyers typically charge on an hourly basis and bill in ten- or fifteen-minute increments. So if the attorney charges $200 an hour, for example, he  will bill $50 for fifteen minutes of work and $100 for half an hour of work.The hourly rate is certainly a crucial part of the costs and is something to really consider when you are on a tight budget.

Choose the right fit

When making your final decision, keep in mind the following concerns to ensure that you select the attorney who will best meet your company’s needs:

• Do you think you will feel comfortable working with this person on a regular basis?
• Does the attorney have the right qualifications to help you?
• Is the payment structure reasonable and within your range?
• Do you feel that you can reach a level of communication between yourself and the attorney where you can freely confide sensitive aspects of your business?

Hiring a good corporate lawyer in Barrie is not just recommended but a necessity. He can negotiate leases for your office and retail space, provide copyright and trademark advice, draft software license agreements, oversee corporate meetings, ensure that your business complies with all related laws to avoid lawsuits and liability, and basically provide vital assistance in almost every aspect of your business.