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.

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.

The Benefits of Having a Wills and Estate Plan

image source: Giordano, DelCollo, Werb & Gagne, LLC

A wills and estate plan is an important part of financial planning. Everyone needs to have one, even if you are not a wealthy individual with millions in assets, as it will help protect your family in the event that you die or become incapacitated and can no longer make decisions.

A basic wills and estate plan provides many advantages, including the following:

Avoid probate court

Ending up in probate court is an expensive process. A vast majority of people end up giving a large portion of their hard-earned money to attorney’s fees just to prove the person authorized to represent your estate and oversee the distribution of your assets and payments to creditors. It’s also a very long process and it could take your loved ones, especially your spouses and children months, and maybe even several years to receive a penny. It’s not something you’d want them to deal with and you’d want to make sure that they avoid it at all costs.

Lessen Estate Taxes

Advance wills and estate planning can help you take advantage of tax-saving strategies to avoid significant loss of your estate to the payment of state and/or federal estate taxes or state inheritance taxes.

Through the most basic plan, you can avoid three common estate costs:

1. Probate fees - In Ontario,  probate fees to settle your estate, which is officially called an estate administration tax, can be very high and can reach as much as 1.5% of your estate’s value.

2. Estate tax on capital gains - For income tax purposes, it is considered that upon your death you have sold all your assets.   Your estate must cover the tax on any profit from the “sale” proceeds, of which 50 percent is taxed. If rental properties are included in your assets, there may also be capital cost allowance or CCA which is fully taxed.

3. Tax on tax-sheltered savings plans - Upon your death, your registered plans such as RRSPs (registered retirement savings plans ) and/or RRIFs (registered retirement income funds) can be transferred to your spouse’s or /common-law partner’s plan free of tax. However, If you don’t have a spouse or /common-law partner, the full value of each plan is fully taxable at your death and the remaining value to be passed on to any of your blood-related heirs can be dramatically reduced.

Protect your Assets and Beneficiaries

A variety of advanced estate planning techniques, such as using trusts, wills, and beneficiary designations, can help ensure that your children are properly protected. You can name a responsible guardian or trustee for them until they come of age to prevent any family discord and costly legal expenses against the children’s inheritance. A wills and estate plan can also add a layer of asset protection against creditors lawsuits and divorce decrees. It also allows you to maintain control of your property while you are alive regardless of your age, health or financial condition and to provide instructions on your care and the care your loved ones in the event of a disability.

The wills and estate law of Canada empowers you to set up a comprehensive plan that will help you to achieve goals that will ensure the protection of your assets during your lifetime and for your beneficiaries after your death. It’s really more than just protection from federal tax laws, but a lot more about making certain that your well-being as well as those of your loved ones are taken cared of the way you plan it to.

Corporate Lawyers for Startups and Small Businesses

Corporate lawyers deal with legal issues that face businesses day to day. They are highly specialized in multiple aspects of the law that relate to business operations, which can include securities and tax law, code compliance, contract negotiations, intellectual property, bankruptcy, and financial reporting,  among many other specializations

Unlike trial lawyers, they are not involved in litigation and do not spend a lot of time in the courtroom. Corporate lawyers focus their work mostly on business deals and commercial transactions. Their work involves a lot more collaboration with other lawyers, either from other companies to negotiate contracts or those with legal expertise in other aspects of law to help ensure that the company he works for complies with all local, state and federal applicable laws.

Some are hired directly by corporations as in-house counsel and act as internal advisers providing legal advice on issues ranging from labor and employment issues, intellectual property issues, contractual issues, and liability issues. Then there are those who work in large or midsize law firms and are hired as consultants by corporate clients to provide counsel on corporate governance framework and practices such as the rights and responsibilities of corporate directors and officers, and also to oversee activities associated with the daily needs of the business, including negotiation, drafting, mergers, acquisitions, and divestitures, financial reporting to owners, employees, shareholders and government agencies and other general oversight that may affect the legal activities of the company.

How can a corporate lawyer help new businesses?

Budding entrepreneurs can benefit a great deal with the services of a corporate lawyer. Startups are usually faced with numerous decisions, such as drumming up new customers, developing a website and launching a new product and often times the administrative and legal aspects are overlooked. It’s good to have a corporate attorney who will provide, not only advice, but also assistance to prepare, file and register all the necessary federal, state and local requirements, including zoning compliance, copyright and trademark advice, and formal business incorporation.

One aspect of law that any new business may find challenging involves the decision on the legal entity of the business. Determining the right legal structure of the business is crucial to help protect your personal assets from any liabilities of the company.

Whether the business will be set up as a corporation, a partnership, a limited liability company, a sole proprietorship, or even as a joint venture, it will have an effect on financial and legal matters that may potentially influence the success of the business in the long term. Each structure will have its own set of advantages and disadvantages and only a corporate lawyer is qualified to explain several issues involved, such as the implications of federal and state tax requirements and how to limit liability for the stakeholders.

  

Many corporate lawyers specialize in the laws involving new business structures. As such, they can also be involved in the development of the business plan, help you register your products and services for federal trademark and copyright protection and also in negotiating possible sources of financing, such as with investment bankers and venture capitalists.

The primary responsibility of corporate lawyers is to ensure that all business transactions involving their clients’ organizations are in compliance with the law at every level. But aside from their legal expertise, they must also possess a very keen business and financial acumen in order to make certain that business risks are minimized and clients make legal decisions that translate well for the bottom line.

What to Expect When Working with Toronto Family Lawyers

Toronto family lawyers are highly qualified to handle a range of problems that may arise in a marriage, civil union, or domestic partnership. Some of the problems that they can deal with in court for a family law case include the following:

• Divorce
• Separation
• Spousal support
• Child support
• Visitation rights
• Annulment
• Property settlements
• Alimony payments
• Parental responsibility orders
• Legitimacy
• Spousal abuse
• Child abuse
• Child custody
• Child kidnapping
• Adoption
• Surrogacy
• Child abduction
• Prenuptial agreements
• Grandparent visitation
• Paternity tests

Not every family lawyer will have the qualifications and experience to handle all aspects of family law.  Some will focus their practice on child visitation or support agreements and will have the knowledge and skills to help you through custody disputes, fight for your visitation rights and protect your rights in a paternity hearing.

Divorce attorneys are highly skilled in laws relating to the dissolution of marriage, including the laws comprising the division of property, spousal support, child custody, and child support.

Adoption & surrogacy solicitors are family lawyers who have particular expertise in legal issues surrounding Adoption Law and Surrogacy Law. They have acquired the experience necessary to deal with the legal framework involved in these practice areas as well as deal with the sensitive issues in regards to children and their prospective parents.

If you’re getting married, there are qualified family lawyers who can help you figure out how your marriage will affect your finances, properties and other assets and offer legal advice on drafting a prenuptial agreement to protect your wealth in case your marriage ends, or draft documents that will financially and legally protect your estate in the event of an untimely death.

Always check the qualifications and credentials of a lawyer to verify that he is specialized in specific practice areas that  you are looking for to make sure that you hire the right type of lawyer for your needs.

Do I Need a Family Lawyer in Toronto or a Mediator?

A family lawyer in Toronto and a mediator can both help resolve family law problems, but each play very different roles. When handling a divorce or a child custody or support case, is it better to hire an attorney or a mediator?

When you hire a family lawyer, he can act as a counselor at law and as an advocate for you in family law matters involving property division, child custody and visitation, child support, alimony, modification of alimony, custody or child support. As a counselor at law, he will provide legal advice relating to your rights and options on a range of possible legal outcomes and help you understand information on court processes, rules, procedures and investigations in the event that there is a need to go to court and have a judge resolve matters. As an advocate, a family law attorney will help you stand up for your rights and challenge the opposing party if necessary, negotiate for you and help you appeal decisions if possible, help you draft a separation agreement or any contract if necessary, and go to court with you and convince a judge to award you what you seek.


A family mediator on the other hand is a neutral third-party who helps resolve disputes about family issues by acting as an intermediary between the parties involved. A mediator is typically a social worker, lawyer, psychologist, or other trained professional. The family mediator’s job is to help both parties communicate properly in order to reach an agreement on support payments, the division of property, custody of and access to the children, child support, or any other family-related issues.


Unlike a family law lawyer, a mediator cannot act as an advocate to any one party. Instead, he equally bargains the position of each party and may be able to suggest solutions that may help the parties find common ground or expose potential pitfalls that may influence the objectivity or fairness of the outcome. A mediator cannot also give legal advice to either party as he must maintain a neutral and unbiased position in favor of both sides and is duly obligated by the law to disclose one party’s concerns or interests to the other party. 


Another thing that a mediator cannot do is to draft a separation agreement. According to the Solicitors Act, only a lawyer who has special knowledge of Family Laws can write up a separation agreement. Mediators can draft a Memorandum of Understanding, but this is not considered legally binding and must be changed into a Separation Agreement in order to establish lawful accountability by the separated spouses.


If you wish to have someone completely and independently on your side to assist you through every legal issue during the separation process, advocate your legal position and guide you through a successful separation agreement, then your best move is to hire a family lawyer in Toronto. If on the other hand you wish to use alternative dispute resolution methods to resolve your family dispute without resorting to a trial, then you will need the services of a family mediator. If you consider mediation, you will still be advised to speak to a lawyer before seeing a mediator to fully understand the law and your rights and obligations before mediation starts and to consult with one to write up a separation agreement and help you fully understand the terms of the contract.

Do You Need a Toronto Family Lawyer?

Toronto Family Lawyer

When a marriage or relationship breaks down, parents are forced to make decisions about how and with whom the children will live. In some cases, decisions can be made with or without the help of a Toronto family lawyer. However, when both the parents disagree they will need to seek out legal advice to understand their rights and obligations in obtaining custody or access.

Custody technically means having the legal right and responsibility to make decisions for the child’s welfare and upbringing which can be related to health, education, religion and other major issues that may greatly affect the formation of the child. Decisions that are made day-to-day, such as schedules, diet restrictions, vacations, etc. do not form part of custody and are made with the parent who the child lives with at the moment.

There are different types of custody:

Sole custody is when only one parent has rights and responsibilities to make decisions concerning the child. Whether the other parent agrees or disagrees with any decisions the custodial parent makes will not matter at all. In addition, the child lives all the time, or most of the time, with the custodial parent.

In a joint custody both of the child’s parents may take turns having the child live with them and they share equal time and rights and responsibilities in making decisions that affect the child. One parent cannot make a final decision without the agreement of the other.

A split custody happens when each parent has custody of one or more of the children. For example, the older child stays with the father who has rights and responsibilities over him, and the younger children live with the mother who has custody over them.

A shared custody is when both parents are given joint custody, which means the child lives for an equal length of time with each of them.

Access rights such as visiting rights and outing rights are given to the parent who does not have full custody of the child. Access indicates the level of contact the parent can have with the child. If a child lives primarily with one parent, the other parent can see the child on an agreed schedule.

Custody and access decisions can be made in two ways. The first is through a separation agreement. This is possible only if the parents have civil relations with each other as they will have to sit down in the presence of a lawyer and make decisions together for the best interest of the child. Decisions that are made during the course of discussion are put down on paper and signed by both parties along with witnesses. This document is referred to as the ‘parenting plan’ or ‘parenting agreement.’

In situations wherein both parents are uncooperative and cannot come up with an agreement, then they are forced to have the court decide on who obtains custody of their child. Custody and access court cases can become costly and complicated, especially when a case cannot be resolved with just one trial. In this case, the legal proceedings can be drawn-out for months and affect you and your child for the rest of your lives.

Before deciding to go to court, it is advisable to meet with a lawyer. A family lawyer in Toronto can advise you on what evidence to gather to support your case and create an action plan to help you build your case to ensure that the court rules in your favor.