Proudly serving Northumberland residents

with competency, caring and compassion.

Phone

1 (905) 372-3395

Going to Court

We will assist you in preparing a court claim, challenge or defence, and will attempt to resolve the issues wherever possible without a court hearing. If a judge’s decision is needed, We can make sure your issues are compellingly presented before the courts.

Our expertise includes litigation involving:

Commercial & Corporate Litigation

  • Civil Litigation
  • Employment Law
  • Employment agreements
  • Commercial Landlord & Tenant Litigation
  • Litigation of disputes in relation to commercial agreements
  • Partnership & Shareholders Disputes
  • Real Estate Litigation including Lease and mortgage disputes, sale of land disputes
  • Construction Litigation
  • Construction liens
  • Lien Claims
  • ‘Port Hope Area Initiative (PHAI)’ matters

Employment Litigation

  • Wrongful dismissal & constructive dismissal claims & defences
  • Wrongful dismissal for both employers and employees
  • Breach of Employment contract claims
  • Review & negotiation of severance packages on termination
  • Non-competition clause claims
  • Fiduciary obligations in employment
  • Employment Standards Act disputes

Estate Litigation

  • Will challenges
  • Spousal & dependent’s claims
  • Applications to remove executors
  • Contested passing of accounts
  • Power of Attorney litigation

ESTATE LITIGATION

Sometimes heirs are not included in wills and they want or need to challenge the validity or appropriateness of a Will.

Dependents of a deceased person can sue for support. Married surviving spouses can sue for an equalization calculated as though they were separated the day of death.

If a family member believes the deceased was not mentally competent to write a Will when he or she apparently signed one, and if sufficient medical and other evidence is available to prove this, the Will can be challenged in court.

If a family member believes undue influence was executed upon the deceased to sign a Will naming or excluding specific people, there may also be grounds to challenge the Will. Influence in and of itself is not sufficient to invalidate a Will; it must be severe and
inappropriate influence to be considered “undue”. It is not easy to prove.

If a person challenges a Will and the Judge decides the challenge was not warranted, that person may be ordered to pay the Estate Trustee’s fees incurred defending the Will in court. In that situation, the person would also have to pay his or her own lawyer’s full account as well.