Legal Support Services

Eligible for use in all civil actions with some exceptions, mediation is an alternative to courtroom litigation as a means to resolve all kinds of disputes. For example, mediation can be very helpful in an estate litigation dispute because often such disputes are not merely about property and legal issues, but also about past conduct, communication breakdowns, and the emotions of family members.

Mediation is assisted negotiation with the help of a trained neutral third party facilitator who facilitates a resolution to a dispute.

• It may occur before the litigation has commenced or at any time before trial
• Neutrality relates to subject matter; no interest or stake in the final resolution
• Impartiality deals with the mediators connection to the parties themselves, not the subject matter
• It is especially beneficial in situations where conflict arises within the context of an ongoing relationship

Benefits

Mediation offers several key benefits compared to courtroom litigation: e.g. voluntary participation, lower costs, informality, flexibility, speed, parties can choose the mediator, privacy, broad scope of remedies and solutions, and an opportunity for the party to speak directly to the others.

Arbitration, unlike mediation, is more like a court hearing, except less formal and the parties choose the arbitrator they want to adjudicate their dispute, as well as the rules and procedure that should govern the arbitration hearing – plus it is far less time consuming, stressful or costly compared to court proceedings.

At Moores, our principal Philton Moore (LL.B., QDR) is not only an experienced Ontario barrister, but also a UK trained commercial mediator, arbitrator and Qualified Dispute Resolver.

Unless you have a written contract of employment that explicitly defines your termination rights, both employer and employee are, with some exceptions, bound by the Ontario Employment Standards Act, 2000, and the applicable common law rules. We provide advice and representation on matters concerning Ontario employment law, including:

• wrongful dismissal, Structuring alternative compensation
• advice on labour and employment implications relating to severance packages
• termination for incompetence or poor performance
• human rights advice and litigation
• post-employment competition,
• restraint of trade (non-solicit and non compete clauses),
• labour law, Collective agreement interpretation, including claims against unions for breach of the duty of fair representation, Grievance and interest arbitrations
• sexual harassment
• discrimination and employment contracts

FOR MORE SEE THE FOLLOWING WRONGFUL DISMISSAL AND INDIVIDUAL EMPLOYMENT LAW INDEX:
A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z

REQUIREMENTS FOR AN ENFORCEABLE CONTRACT (A valid contract will generally satisfy these four requirements)

1. WRITING  (i.e. if the STATUTE OF FRAUDS apply to the contract), but there are many exception, as some contracts can be oral or even by conduct
2. CONSIDERATION (i.e. an exchange of some commercial equivalent, even if just $1.00 or a promise to do or not to do something)
3. PRIVITY (the person suing must be party to contract to have benefit of it)
4. INTENTION (you must be able to satisfy the court that person who made the promise had a reasonable expectation that it could be enforced in a court of law)

Equitable Remedies in contract:

• Specific Performance
• Injunction
• UNJUST ENRICHMENT
• QUANTUM MERUIT (one party looses something & they are being restored for that, no matter if it benefits)
• DOCTRINE OF PART PERFORMANCE (in cases where the doctrine of Specific Performance applies, such as sale of real estate)

When can you receive equitable relief?

1. When there is an enforeceable contract that has been breached.
2. You can also recover for a non-enforceable contract (i.e. due to your part performance) if the other party has been "unjustly enriched" by your performance of the contract, albeit, unenforceable.

Note: A contract does not need to have every term set out, nor does it have to be signed by both parties, ONLY by the party that is being sued must have signed.
Consumer Protection Laws applicable to contracts

Some consumer contracts, such a bank loans and credit card agreements or even hire purchase and car dealership contracts may not be enforceable against if they breach of provisions of or regulations made under the Consumer Protection Act, 2002, SO 2002, c 30, Sched A (“CPA”). In such situations, a consumer can seek relief from the terms of the contract under the CPA and/or under the Interest Act ("IA") or even under the Unconscionable Transactions Relief Act (“UTRA”), on such grounds as:
(1) that the cost of the loan is excessive
(2) that the transaction is harsh and unconscionable and in breach of the CPA and for violations of the IA, 1985, and the UTRA, if for example, there was no proper disclosure by the bank or company at the time of the agreement or if there is a lack of writing signed by the parties.

You can also seek to have such a contract set aside for the failure to comply with the CPA, Reg. 17/05, s. 64:

1. failure to disclose, at the time of the agreement, the annual interest rate payable by the borrower under the credit agreement.
2. failure to disclose, at the time of the agreement, the initial annual interest rate payable by the borrower under the credit agreement.

Construction lien law
Mistakes can be costly in the complex area of construction lien law. We can show you or your company how to avoid them, including how to apply the new summary judgment regime in these kinds of cases and the steps to take in order to prove a breach of trust claim under the Construction Lien Act. Contact us for a checklist and precedents to make your next transaction a little easier.

We represent clients in negligence claims cases involving personal injuries from motor vehicle accidents and faulty equipment.

Defamation is a personal insult involving loss of reputation and esteem and other injury in a community and that the injury is immediate, upon publication, and provide a fair window of opportunity for the person claiming to be defamed to deal with the matter as he sees fit up to and including commencement of legal action. If the defamation is in writing, it is called libel. If verbally made only, it is called slander.

Libel

Notice of action - six weeks deadline!

"No action for libel in a newspaper or in a broadcast lies unless the plaintiff has, within six weeks after the alleged libel has come to the plaintiff’s knowledge, given to the defendant notice in writing, specifying the matter complained of, which shall be served in the same manner as a statement of claim or by delivering it to a grown-up person at the chief office of the defendant." Libel and Slander Act, s. 5 (1).

The written notices that do not comply with s.5(1) of the Libel and Slander Act, will invalidate any subsequent claim filed with the court against a newspaper.
"A failure to comply with the requirements in s. 5(1) constitutes an absolute bar, not a mere irregularity.": Siddiqui v. Canadian Broadcasting Corporation, 2000 CanLII 16920 (ON CA).

While, section 5(1) does not stipulate what form a written notice must take,the section requires that the written notice must "specify" the matter complained of. This means that a defendant is entitled to  know with clarity the essence of the case it has to meet and have an opportunity to meet it before an action for libel is commenced.

In Grossman v. CFTO-TV Ltd. et al. (1982), 39 O.R. (2d) 498 (C.A.) at p.505, Cory J.A. held that the s.5(1) written notice must make a defendant "clearly aware" of the matter about which the plaintiff complains. There must, in other words, be more than technical compliance with the notice requirement.

Limitation of action - three months deadline!
An action for a libel in a newspaper or in a broadcast MUST be commenced within three months after the libel has come to the knowledge of the person defamed, however, where such an action is brought within that three month period, the action may include a claim for any other libel against the plaintiff by the defendant in the same newspaper or the same broadcasting station within a period of one year before the commencement of the action.: Libel and Slander Act, s. 6.

The Act applies, only to libel and slander (“defamatory words") in a newspaper or in a broadcast. The Libel and Slander Act, therefore, does not apply to libel that occurs somewhere other than in a “newspaper” or “broadcast”.

As defined in section 1 (1) of the Act, a newspaper must be made of paper, it must be printed and it must be published periodically as specified. As well, as stipulated in section 7 of the Act, the Act applies “only to newspapers printed and published in Ontario”. Therefore, a website posting does not meet those criteria and, so cannot qualify as a “newspaper”: Shtaif v. Toronto Life Publishing Co. Ltd.,2011 ONSC 6732 (CanLII).

Publication of name of publisher, etc.
It is important to note, however, that despite sections 5 & 6, section 8 of the Act provides, that "No defendant [newspaper] in an action for a libel in a newspaper is entitled to the benefit of sections 5 and 6 unless the names of the proprietor and publisher and the address of publication are stated either at the head of the editorials or on the front page of the newspaper.": Libel and Slander Act, s. 8 (1).

The Ontario Human Rights Code prohibits discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability. In responding to an allegation of harassment (e.g. at the job interview) or and discrimination in a recruitment decision, the employer must respond promptly and sensitively to the complaint.: Payne v. Otsuka Pharmaceutical Co. (No. 3) (2002), 44 C.H.R.R. D1203 (Ont. Bd. lnq.).; Laskowska v. Marineland of Canada Inc., 2005 HRTO 30.

In Simpson v. Commissionaires (Great Lakes), 2009 HRTO 1362 (CanLII), 2009 HRTO 1362, the Tribunal held that in a disability discrimination/harassment complaint, the issues to be determined by the Tribunal are

1. Did the applicant have a “disability” within the meaning of the Code?
2. If so, did the respondent accommodate the applicant’s disability- related needs up to the point of undue hardship?
3. Was the applicant subjected to harassment because of his/her disability?
4. If either issue 2 or 3 are determined in favour of the applicant, what is the appropriate remedy?

In Simpson v. Commissionaires referred to above, the Tribunal described how the duty to accommodate is triggered at para. 35: "In order to trigger the duty to accommodate, it is sufficient that an employer be informed of the employee’s disability-related needs and the effects of the condition and how those needs and effects interact with the workplace duties and environment. As such, an employee does not necessarily have to disclose a detailed diagnosis of the disability in order for an employer to respond to a request for accommodation. This is not to detract from the well-established principle that accommodation is a collaborative process and the applicant should endeavour to provide as much information as possible to facilitate the search for accommodation."

Disability discrimination is one of the more difficult areas of discrimination to prove. At Moores, we have the skills and know-how to increase you chances of success before the Human Rights Tribunal or in the courts.

In Ontario, "Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.": Ontario Human Rights Code, s. 5(2). Every person also has the right to be free from discrimination and harassment in housing and the provision of services by government agencies and private businesses. Our firm has the experience, and the subtlety skills needed to navigate your discrimination case through the Human Rights Tribunal or in court.

We provide advice and representation concerning claims against the Police for:

• inappropriate use of force
• threats or for misfeasance of public office
• assault
• wrongful arrest
• unlawful detention/ imprisonment,
• malicious prosecution
• charter breaches

Watch the following videos to help us protect your rights if you have to sue the police (Canada & USA):

• Dont Talk to Police
• DEALING WITH POLICE STOPS AND SEARCHES (avoid being busted)
• 10 Rules for Dealing with Police (click "Skip Intro" on Video)

We provide professional advice and representation on a wide range of business and professional malpractices claims, including:

• medical/health professionals,
• legal/solicitor negligence
• business consulting, and
• investment advisors.

Visit: Wills and Powers of Attorney

Why is it important to make your will properly?

Although some online form companies tell you that making a Will is simple, it’s really a complex legal document. To make an effective Will requires a good understanding of property ownership rules and the law about Wills, as well as family law. There are rules that must be followed, regardless of how simple your Will might be, otherwise it may not be valid. The words used in your Will must be chosen very carefully so the Will is clear and unambiguous in order that it might have the intended effect.

You can registered online and create you Will at the link below. Once you have answered all the questions in the form, you submit it to us using the submit button, and if you desire, a lawyer can conduct a review of the Will, add any other needed clauses, before you have the will executed in compliance with Ontario law.

You can register quickly and securely by clicking here

You will then gain:

• The ability to view and print your entire Will/POA, etc.
• Unlimited updates to your Will, at any time, for no extra charge (other than when you want a lawyer to review the updated Will/document)
• Full access to your Will/legal document online, 24 hours a day, 365 days a year
• Storage of your Will in a highly encrypted format on our secure servers
• Instructions from a lawyer for signing and updating your Will according to the laws of the jurisdiction (a charge will be made for providing instructions for signing an updated Will)
• Full privacy and security of all the information you enter --- no one else will see what you've written (apart from the advising lawyer at mooreslawpractice)
• Optional review of your Will by a legal professional (there is an additional charge for this service if you choose to use it). If you choose not to have your completed Will reviewed by a lawyer from this law firm, you are strongly advised to seek the review of another lawyer of your choice to ensure the document satisfies your specific requirements and the current law.
• Complete privacy protection of your personal information --- we will not resell, trade, lease or rent to third parties any personally identifiable information about you or about any people you identify
• Daily backups of all of your information to protect against catastrophic data loss
• An opportunity to use and trial many of the other services that we provide here at DirectLaw and mooreslawpractice.ca

What our "Advantage Legal Plan" means for you and your business/or family:

• Receiving FREE legal consultation on contracts or documents before you sign.
• Access to a lawyer for up to five (5) hours of FREE legal advice.
• Guaranteed fixed (and discounted) legal fees after using up your five free hours.
• Getting your Will, Living Will and healthcare power of attorney (with optional annual reviews, at fixed fees).
• A service you can count on for most life events covered under the Plan.
• An Ontario qualified lawyer on your side.
• Peace of mind  for you and your family.

How it works

A small monthly fee gives you access to our law firm's services. Under our pre-paid legal (general retainers) services we cover part or all of the member’s legal fees (up to the hourly limit stated in the Plan Schedule). Only after you have used up your allotted free hours, will you be required to pay the reduced hourly rate of $100, instead of the regular $200 per hour: which equates to thousands of dollars in savings on your legal bill. This means you can now get quality legal services at a fraction of what it will cost from other law firms.

Our Advantage Legal Plan gives you the ability to get legal advice from a lawyer for up to 5 hours on each legal matter** you have covered by the Plan without worrying about high hourly costs. For one flat monthly fee, you can access legal advice, no matter how traumatic or minor the issue, provided it is an area covered by the Plan.

Even if you do not wish to register for our Advantage Legal Plan at this time, you can still register to use our online legal services (for wills, POA, and other legal documents at fixed prices). You can register, at no charge, for an Advantage Legal Plan (as heard on WDCX Radio) by using the "Client Login/Register" link in the menu at the top of your this page.

Types of Plans

Click any one to learn more. 

• Basic: The Plan pays for the first two hours.
• PLUS6: The Plan pays for the first four hours.
• PLUS12: The Plan pays for the first six hours.
• M-10: The Plan pays for the first ten hours.
• M-12: The Plan pays for the first twelve hours.

• Status in Canada / Statement of Income Schedule RC66 SCH (video & Form)
• Canada Child Tax Benefit - Statement of Income CTB9 (video & Form)
• GST/HST Credit Application for Individuals Who Become Residents of Canada RC151 (video & Form)

Have you been in an accident or suffered the loss of a loved one due to the negligent entrustment of a motor vehicle by another to a driver or other person whom the owner of the vehicle knew or ought to have known had an “extensive driving record,” was a poor, incompetent or  incapable driver or was “dangerous” and a “menace to society” or likely to use the vehicle “to the detriment of the public at large”? If so, you may have a legal claim to compensation under the law of Vicarious Liability - pursuant to s. 192(2) Highway Traffic Act: called “negligently entrusted”.

Plan2Profit with Business Consultant, Coach and Mentor Paul Morgan.

• Business Plans
• Business Development

We also offer notarial services under the Ontario Notaries Act, 1990, the Commissioners For Taking Affidavits Act, 1990, and the Evidence Act. Our notaries and commissioners can attest to signatures in the closing of your purchase or refinancing of real estate, and execute affidavits, etc, both within Ontario and outside of Ontario for your use regarding transactions in Ontario (Evidence Act, s. 45(2)).

Other transactions and documents on which our notaries can assist you include:

• Administering or commissioning oaths and supervising the execution of wills
• Taking affidavits, affirmations, acknowledgments or statutory declarations that may or are required to be administered, sworn, affirmed, or made by the law of Ontario, or of any other Province or territory of Canada, or of Canada, or of any country other than Canada
• Certifying documents as true copies
• Assisting with notarising or certifying certain immigration documents (e.g. passport application, permanent residence card application, consent to travel documentation, etc.)
• Certifying copies of documents to be registered under the Land Titles Act, s. 70(1)
• Placing a notarial seal on mortgage documents to avoid or reduce fraudulent dealings with your property/land
• Exercising the power of drawing, passing, keeping and issuing all deeds and contracts, charter-parties and other mercantile transactions in Ontario, and attesting the authenticity of all commercial instruments
• Certifying the authenticity of powers of attorney relating to real and personal property situated anywhere in Canada, England, the British dominions beyond the seas, or in foreign countries