Litigation

Making the right representation choice when it matters the most.

Preparing Your Best Defence

Don’t face the unknown alone

The decision to enter litigation can be a challenging one, particularly in the face of uncertainty, intimidation, or power disparities. With SMM Law on your side you can feel secure knowing our team will fight for your best interests.

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…

Estate Litigation

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

What is Estate Litigation?

Sometimes people are expecting to be included in a Will; if they are not included as they expected, they may wish to consider challenging the validity or appropriateness of the Will.

Dependents of a deceased person can claim for support. Married surviving spouses can claim 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 brought to bear upon the deceased to sign a Will naming or excluding specific people, there may also be grounds to challenge the Will. Undue 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 legal 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.

Commercial and 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

Not seeing the help you need?

We may be able to help or provide a recommendation for an experienced local legal team with applicable expertise.

Call us or complete our contact form to discuss services not listed.