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.

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.

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.

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.