Wednesday, April 19, 2017

Reasons to Hire Toronto Insurance Defence Lawyers


Toronto insurance defence lawyers focus their practice on handling disputes relating to insurance law. They typically provide representation in court to protect the business interest of insurance companies and also to defend the rights of insured individuals who are faced with legal proceedings.

They handle a wide range of legal issues relating to individual or commercial insurance policies and claims, which may include some of the following:

     Personal Injury
     Homeowners’ Liability
     Construction
     Motor vehicle claims
     Crop losses
     Property damage
     Property and casualty disputes
     Insurance Fraud
     Product Liability
     Professional Malpractice
     Employment
     Uninsured and Underinsured parties
     Insurance coverage disputes
     Insurance claims handling abuses
     Subrogation
     Arson
     Class action defence
     Complex, multiparty litigation
     General liability matters
     Risk management and risk analysis
     Special risks claims defense
     Sports and entertainment events

As there are many areas of dispute covering many types of insurances so there are different types of insurance defence lawyers who are specialized in one or more aspects of insurance law:

     Disputes that deal with medical insurance claims are usually handled by lawyers who are specialized in personal injury defense and medical malpractice defense.
     Car accident defense lawyers represent clients in lawsuits related to auto accidents.
     Real estate defense attorneys have expert knowledge on homeowners insurance and can defend clients in title insurance claims and other insurer liability issues.
     Construction accident attorneys have specialty knowledge in workers compensation insurance and can protect your interests if you have been injured in a construction accident.
     Bad faith attorneys can represent you if you feel like you have been treated unfairly by your insurance company.

They handle all aspects of litigation using several methods available for resolving disputes, including pleading, discovery depositions,settlement, appraisal, mediation, arbitration or trial in order to pursue the best possible outcome for their client.

Often we find insurance defence attorneys representing the insurance company whenever disputes arise between the insurer and the policyholder. These dispute cases may include:

Disagreements with the policyholder's coverage
The insurance company believes that the policyholder’s claim is false, frivolous, or made in bad faith
There is significant misrepresentation by the policyholder in order to receive compensation.
Compensation claims are considered excessive or unnecessary

Insurance companies also hire the services of an insurance defense lawyer to routinely review their policies and ensure that they are compliant with applicable state laws and regulations.

When an insured person is sued, the insurance company assigns a defense lawyer to represent the policyholder. The attorney is chosen based on the insurance company’s list of referred lawyers. This is to ensure that costs are kept to a minimum and that the rights and interests of both the policyholder and the insurance company are protected in such legal proceedings.

However, some policyholders choose not to use an insurance company-appointed lawyer and decide to hire their own attorney to make sure that they are protected fully. This can happen particularly when issues of conflict of interests arise between the insured and the insurer. In many  of these cases, the courts have allowed the insured person to hire their own counsel at the insurance company’s expense.


If you're worried about trusting your insurance company and you're not sure what your rights are, the best course for you is to consult with Toronto insurance defence lawyers who can explain the law and represent you in court. In any case, whether you need professional help to get an insurance claim or have to sue your insurance company, when you hire your own lawyer you will have an advocate for your rights and interests and have a fair chance of standing up against your insurance company.

Thursday, March 23, 2017

Finding the Right Corporate Lawyer in Barrie for your Business



Hiring a good corporate lawyer in Barrie is critical for any sized business. Whether you are operating a start-up venture, a small company or a large corporation, legal matters that may arise throughout the course of your business can become a major expenditure, so it’s an extremely important decision.

Many entrepreneurs are sometimes reluctant to hire an attorney for their business for a couple of reasons. One is that business owners balk at the costs, particularly since lawyers have become increasingly specialized. Another reason is that many fear that lawyers will over complicate every decision they make and will only stand in the way with the growth of their business.

They won’t hesitate to hire an accountant early on as they believe that the business has greater need for someone to help layout the organization’s chart of accounts, check financial records periodically, and prepare the required federal, state and local tax returns. They fail to see, until they are being sued, that a good business attorney can provide valuable legal advice in almost every aspect of the business.

In a nutshell, every business needs a lawyer for a number of reasons, including some of the following:

Creating a corporation or LLC
Putting together a partnership agreement
Negotiating business and employment contracts
Drafting common business contracts
Buying or selling your business
Obtaining  public or private financing
Drafting internal business policies and procedures
Filing tax returns, licenses and other legal reports
Drawing up basic documents such as minutes of formal meetings, articles of incorporation and bylaws
Negotiating lease of office or retail space
Obtaining patents, trademarks, copyrights, and trade secrets 
Dealing with franchise and distributorship issues
Managing pending or potential litigation

When finding the right corporate lawyer, competence is, obviously, the most important factor to consider. Big corporations typically retain a large law firm that has top legal talents with ample resources and expertise in numerous fields of law. Though it costs a lot of money to secure their services, it can be more advantageous for the business in the long run to have all the legal skills ready and available under one roof and to be able to leverage on the influence and power the legal firm has in the local, regional and even the national legal community, particularly when your business is looking for financing sources or seeking partnership arrangements.

Small to midsize businesses usually hire a general business lawyer or a general counsel, who has solid knowledge and experience in many areas of law, including corporate law, partnership law, labor relations and employment law, tax, contracts and debt collection. Keep in mind, however, that a general counsel may not have all the skills your business may need to grow. At some point, a general practitioner may have to refer you to a specialist or to  two or three or even more attorneys which could result in an additional amount of legal costs over time.

Small businesses also have prepaid legal service plans as an available option. These plans provide quality affordable legal services which includes unlimited telephone legal consultations and routine legal tasks, such as drafting basic contracts and equipment leases.

A good starting point for finding the right lawyer for your business is to ask relatives, friends and business associates to recommend one for you. Also, you can contact your local or state bar association or trade or professional organizations or chamber of commerce to ask for a referral. If you have acquaintances who are lawyers or paralegals, it’s good to ask them to recommend someone with the specialization you need.


Sooner or later, your business is going to need some type of legal representation. Finding a corporate lawyer in Barrie, who can anticipate and address the specific legal needs of your company, can prove to be a huge asset for your business.

Monday, March 13, 2017

Tips for Finding Wills and Estates Lawyers in Barrie



There are thousands of wills and estates lawyers in Barrie who practice a wide variety of Estate Law. Searching for the right one who can help you put together a foolproof estate plan may seem very challenging. But the task can be made easier, with a little help from several resources in your state you can easily find an attorney who can be a good fit for you.

Here are some reliable and trustworthy sources you can make use of:

Contact a lawyer from your local, county, and state bar associations

Each state has a bar association, for example in Ontario, there is The Ontario Bar Association (OBA), a branch of the The Canadian Bar Association (CBA) which lists  about two-thirds of all practicing lawyers in Canada. Another resource you can use is The Simcoe County Law Association (SCLA) which lists  attorneys and law firms specifically located in Barrie, Ontario and in other surrounding areas of Simcoe County.

Lawyers located in a certain city or county may also have their own bar associations, take for example the following localized groups:
  • Ontario Trial Lawyers Association(OTLA), an association of lawyers acting for plaintiffs with attorneys from Ontario as well as out-of-province members from Newfoundland, Prince Edward Island, Nova Scotia, New Brunswick, Quebec, Manitoba, Saskatchewan and British Columbia, and even in the United States.
  • Simcoe Trusts and Estates Lawyers Group (STELA), a group of wills, trusts and estates lawyers in Simcoe County.
  • Toronto Lawyers Association, an organization for lawyers practicing in the City of Toronto

Also check out the membership directory of national associations like The Canadian Bar Association (CBA) and the Law Society of Upper Canada which can provide a very large database of member lawyers and their practice areas. You can check each lawyer’s disciplinary history, any restrictions on his or her practice, and other relevant information that can assist you with your legal problems.

Keep in mind that not every state certifies lawyers who specialize in trusts and estates or estate planning. Find out if your state does, and always go for lawyers with certification for added assurance of his or her qualification.

Get personal recommendations

Ask for several references from family members, friends or other people who have personal connections with you like co-workers who have hired a lawyer to help them create an estate plan or have an attorney who is in charge of their estate or trust. Make sure to talk with them about their own personal opinions about working with these lawyers, such as what things to look for, what questions to ask and how did they know if the attorney was the right fit for them. It’s likely that you would give these recommendations priority because they come from people who matter to you and whom you trust.

Referrals from other professionals

Estate lawyers usually work together with other professionals particularly those that assist in  fiduciary and trustee roles, including investment advisors, bankers, tax specialists and real estate professionals. If you know a banker or have a financial planner, ask them if they know a good lawyer they can refer to you who can help with estate planning.

Ask other lawyers you've worked with

Another good source to get several referrals is from other lawyers that you’ve worked with. A business lawyer whom you’ve hired to help you setup your business or a real estate lawyer who helped you review a contract when you were buying a home would surely be able to give you one or more names of lawyers with this particular area of expertise.


A word of caution, not all wills and estates lawyers in Barrie can capably handle probate and estate matters. Take time to choose carefully until you narrow your list down to three or four prospective candidates. Then, take even more time to do enough research and background check on the few candidates you have on your list until you figure out which one is the best for you.

Tuesday, February 28, 2017

What does a Toronto Commercial Litigation Group Lawyer Do?


The process of commercial litigation is when legal action is taken involving business transactions. In Toronto, a commercial litigation group lawyer is often consulted for legal representation and to help settle a dispute between businesses or between a business and an individual.


Many aspects of business are governed by commercial law, including advertising, marketing, selling, banking, bankruptcy, contracts, collections, securities, trade, etc., hence business issues will vary differently from each other. Although each will be very different in nature, the commercial litigation process, in general, will follow the same steps involved in a civil lawsuit – hiring a lawyer, filing motions, engaging in settlement negotiations, pre-trial, trial, settlement and appeal.


When a business engaged in commerce, merchandising, trade, and sale causes harm or damage to the rights, relations, and conduct of an individual or another business the injured party or parties has the option of filing a lawsuit against the other. The individual or business who instigates the lawsuit is referred to as the plaintiff, or claimant, and the business or individual that the lawsuit is filed against is referred to as the defendant.


As soon as a complaint is filed this starts the dispute process and the defendant will need to file a response to counter the complaint. To file a response, the plaintiff will need to employ a commercial litigation lawyer to ensure appropriate legal representation.


Commercial litigation lawyers provide professional advice to a wide range of clientele, including individuals, private businesses, startups, franchisors/franchisees, national and international corporations and government agencies. They tailor their approach to the needs of the client they are representing, whether as a single representative to a small enterprise or as a team of lawyers with large corporations. They are knowledgeable in all areas of business law and routinely handle both complex and common commercial disputes, some of which include:


                   Antitrust
                   Banking transactions
                   Breach of contract
                   Business torts
                   Commercial leasing
                   Construction liens
                   Contract and joint venture disputes
                   Corporate governance
                   Corporate/shareholder disputes
                   Creditors’ remedies
                   Defamation and privacy law
                   Distribution and franchise disputes
                   Fraud and unfair competition disputes
                   Injunctions and specific performance
                   Insolvency/bankruptcy
                   Insurance coverage
                   Intellectual property
                   International commercial disputes
                   Mergers and acquisitions
                   Professional negligence claims
                   Real property disputes
                   Representations and warranties
                   Securities
                   Trade secret disputes
                   Trust and pension issues


To resolve a commercial dispute, commercial litigation lawyers make use of strategies such as a negotiated settlement, alternative dispute resolution methods (ADR) such as Arbitration and Mediation, or as a last resort, the courtroom. They will often choose to engage in pre-litigation settlement discussions to resolve disputes before filing for a lawsuit.


In the event a resolution proves impossible and court proceedings become necessary, the litigation team will advance the dispute to where applicable, federal, provincial, in the Supreme Court of Canada or in all regulatory and administrative tribunals.


Whether commercial disputes are settled in or out of court, litigators are assigned to manage all phases of the litigation process from investigation, pleadings and discovery to pre-trial, trial, settlement and appeal and will spend much of the time taking depositions, interviewing witnesses, reviewing documents, writing briefs and visiting dispute sites. Their specialized knowledge, advocacy skills and experience in the courtroom can be counted upon to resolve issues and risks that can impact your business in times of trouble.

Commercial litigation involves federal laws related to commercial business transactions and is very specialized and very complex. An experienced commercial litigation group lawyer in Toronto can advise you of your legal rights and work with you on the most cost-effective strategy to resolve your dispute so that you can get back to business as usual right away.

Thursday, February 16, 2017

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 work in-house either 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.

Sunday, January 22, 2017

What Does a Toronto Insurance Defence Lawyer Do?



A Toronto insurance defence lawyer specializes in legal defence work on insurance-related matters. He develops and implements strategies in accordance with Canadian insurance laws to protect client interests in legal proceedings and also focus on long-term efforts to help reduce aggravation and the risk of litigation.

Some insurance defense attorneys work for law firms that provide legal help to insurance companies, providing legal representation to regional or local insurance policy holders.
Others practice their field as in-house staff attorneys in the legal department of the insurance company itself, working on analyzing coverage issues, managing litigation and handling insurance compliance issues.

The laws surrounding insurance defense involves a wide range of legal issues relating to insurance policies and claims. These issues may generally involve homeowners,real estate properties, general contractors, subcontractors, motor vehicles, businesses, environmental, governmental, consumers, professionals as well as comprehensive general liability matters.

A Toronto insurance defence lawyer may cover some of these common practice areas:

Motor vehicle accidents
Occupiers' liability
Professional negligence
Medical and professional malpractice
Product liability
Recreational vehicle accidents
Property loss
Fire claims
Construction defects
Reinsurance
Catastrophic loss
Bad faith
Personal injury cases, such as disability, defamation and mold exposure
Insurance fraud
Labor and employment
Toxic torts

There tends to be very high volume work involved in insurance defense. For associates, the work typically includes finding and modifying standardized policy language, studying documents, researching and scrutinizing cases, interpreting and clarifying policy language, and examining methodically and in detail the state regulations that govern the business of insurance. A new lawyer in an insurance defense firm would likely be involved in litigation by draft pleadings, motions, and written discovery. Experienced trial lawyers are fully capable of analyzing and executing defence strategies that deal with complex and specialized facts and information. In many instances, they handle legal cases that may involve the use of technical, medical and scientific evidence which they are qualified to navigate carefully and without difficulty.


Insurance defense is primarily focused on disputes between insurers and policyholders. In a typical situation, an insurer will hire an insurance defence lawyer to defend the policyholder (the insured) against complaints brought by a third party usually with allegations that the policyholder has caused the third party to suffer bodily injury or property damage. The defense attorney will help uncover if the insured defendant has any legal responsibility to a third party, and if at fault, then the lawyer will also help determine how much is accountable.

One good example of an insurance litigation case may involve an insurance defense attorney representing an auto policyholder who is in need of counsel and defense from another driver who is suing the policyholder for damages. A skilled lawyer may greatly help in obtaining more favorable settlement terms for the insured and the insurance company.


Another good example is a flood damage claim made by a homeowner who has homeowner’s policy that does not include flood coverage. Insurance defence lawyers are called in to examine whether the claim being made is covered in the terms of the insurance policy and to uncover cases of insurance fraud and false claims.

A Toronto insurance defence lawyer often works exclusively for insurance companies to zealously represent their policyholders. It is the insurance company and not the policyholder who pays the attorney’s fees whenever there is need for representation to challenge a claim, and it is for this reason that many policyowners worry about whether the attorney is actually working to protect his best interest or that of the insurance company. If you get involved in an insurance dispute, make sure that you understand your legal rights and and that you get fair and equal legal representation that is due to you as policyholder.

Thursday, January 5, 2017

What Do Commercial Litigation Lawyers Do?



Commercial litigation lawyers specialize in providing legal representation to clients who are involved in disputes relating to commercial or business law, whether it be in the country or in a foreign jurisdiction. These professionals work primarily to resolve disputes in favor of the business client and look out first for the best interests of the company.

They have special knowledge on federal laws and how to make these laws work to protect the rights of businesses and to impose obligations on businesses.

Commercial litigation deals exclusively with handling disputes arising between businesses. The issues involve business matters, not personal issues, such as a personal injury or family law matters.

Some types of commercial litigation include:
  • Insurance litigation
  • Employment discrimination
  • Contractual litigation
  • Construction disputes and defects
  • Real estate disputes
  • Malpractice claims
  • Corporate governance claims
  • Sexual harassment claims
  • Business torts and crimes
  • Franchise issues
  • Shareholder issues
  • Partnership disputes
  • Business dissolutions
  • Debt collection

Commercial litigators often resolve disputes on behalf of business and professional clients using cost-effective and expedient strategies, such as litigation, arbitration, the negotiation of an out-of-court settlement, or other suitable methods for specific circumstances. Their involvement goes as far as helping business clients decide whether it is necessary to pursue a legal matter in court and making recommendations on the best and the quickest resolution to meet their legal needs.

In many cases, commercial litigation lawyers prefer to handle disputes through negotiation and settlement, and try to to resolve issues before either party has to go to court. This out of court negotiation may involve a cash settlement, or it might involve the lawsuit just being dropped by one party if there is not enough argument to help establish and prove a case. There are many cases too that compel business litigation attorneys to go through the process of filing, pursuing, and defending against lawsuits in the state or federal court in order to obtain a positive verdict at trial for their business clients.

Every company goes through upsets and challenges in the typical business lifecycle. Some challenges may be minor, while others may turn into major disputes that can adversely affect a company's ability to do business and may cause fatal damage to the bottom line. Critical situations, such as those relating to financing, warranty, and contract issues require the need to bring in the targeted skills and knowledge of commercial litigation experts.

An experienced attorney can provide timely legal counsel on a wide variety of business dealings, such as a new contract, a compliance matter, an executive hire, a merger or acquisition, a patent dispute, or other routine and pressing matters. They can also take care of paperwork, contracts, and financial forms that the company needs to deal with. For business startups, an experienced business attorney can be very helpful in making critical decisions to ensure that all important details are done properly from the start so as to to avoid problems down the road.

Should your company become embroiled in a commercial dispute that must be resolved by the courts or by an arbitrator, it is critical to seek legal advice from commercial litigation lawyers at the earliest possible time. Prompt action lessens the risk of the dispute dragging out and escalating to the higher court and will likely result in a more satisfactory and positive outcome for all parties involved.