Sauble: 519-422-2888, Chesley: 519-363-3190 | Toll Free: 1-866-333-3032

BARRISTERS - SOLICITORS

NOTARIES PUBLIC

Areas of Practice

Our Areas Of Practice

We offer a wide range of legal services, acting for both purchasers and sellers, plaintiffs and defendants, employers and employees, etc. Our broad experience in many areas and from different perspectives has proven invaluable in achieving successful results for our clients – no matter how difficult or complex their problems may be. Our lawyers and staff are skilled and experienced in the following areas of law:

  • General Civil Litigation

  • Commercial / Business Law

  • Agricultural

  • Commercial Litigation

  • Administrative Law

  • Municipal Law

  • Corporate Law

  • Wills, Estates & Trusts

  • Estate Litigation

  • Employment Law

  • Labour Law

  • Construction Law

  • Residential Real Estate

  • Commercial Real Estate

  • Real Estate Litigation

  • First Nations Lease Land Transfers

  • Family Law

  • Elder Law / Substitute Decisions Act

General Civil Litigation

  • General Debt Collections: Writs, Judgment Debtor Examination, Garnishments
  • All Personal Injury Claims other than motor vehicle injury and medical malpractice
  • Contract disputes
  • Partnership, Corporate, and other Business Disputes
  • Secured and Unsecured Creditors Rights and Remedies
  • Motions
  • Applications
  • Trials
  • Appeals
  • Small Claims Court, Superior Court, Court of Appeal

We recognize that litigation can be an emotionally and financially draining experience. We fight to win, but will also advise you on an ongoing basis as to the cost/benefit of each measure. In other words, we’ll fight for you, but you’ll get our honest opinion.

Commercial / Business Law

  • Purchase and Sale of Incorporated / Non-Incorporated Businesses
  • Asset Transactions and Share Transactions
  • Commercial Debt Security
  • PPSA Security
  • Investor Trust Agreements
  • Agreements for Purchase and Sale of Chattels
  • Storage License Agreements
  • Inter-Vivos Family Trusts
  • Guarantees
  • Building Contracts
  • Franchise Agreements
  • Vehicle and Equipment Leasing
  • Commercial Lease Drafting
  • Joint Venture Agreements
  • Assignments of Lease
  • Commercial Space Use License Agreements

We want to see our business clients succeed. People who take the risks to create the jobs and grow the economy deserve to succeed. We do our best to see our business clients grow and be rewarded for their initiative.

Agricultural

  • Farm Sales, Purchases, and Mortgages
  • Tile Drainage Agreements
  • Farm Lease Agreements
  • Cattle feeding agreements
  • Share crop agreements
  • Succession Planning, Family Trusts, and Estate-Planning
  • Implementation of Inter-Generational Roll-Overs, with Tax Deferral Strategies (as developed by Client’s Accounting Advisors)
  • Financing and Banking Arrangements
  • Land Use Planning including Surplus Farm Dwelling Severances
  • Business Structuring, including Incorporation, Contractual Agreements, Shareholder Agreements and Partnership Agreements
  • Business Acquisitions and Sales
  • Asset Acquisitions and Sales

Our lawyers and staff are from rural Canada. Several have grown up on farms and have family in farming. We understand how things work. We know that you need a law firm with specialized knowledge and an appreciation of how hard you work, the hours you work, and the pride you take in passing your skills and devotion from generation to generation.

Commercial Litigation

  • Commercial dispute matters
  • Appellate Practice
  • Contract Disputes
  • Contract Termination & Force Majeure
  • Commercial Arbitration
  • Commercial Leasing Disputes
  • Sale of Goods Litigation

You can’t make money losing money. When you need help to get what you deserve or hang on to what is yours, we’re there to help and get you back to business as soon as possible.

Administrative Law – Board & Tribunals

  • Land Severance, Zoning, and Committee of Adjustment Applications
  • Applications for Judicial Review
  • Local Planning Appeal Tribunal (“LPAT” formerly the Ontario Municipal board of “OMB”)
  • Niagara Escarpment Commission
  • Environmental Review Tribunal
  • Director of Titles Caution Hearings
  • Canada Pension Review Tribunal
  • Landlord and Tenant Board

These specialized Boards and Tribunals require lawyers who know the ropes. Our lawyers have been there and can guide you through with experience and confidence.

Municipal Law

  • General Counsel and Solicitor's services available to Municipal Councils, Municipal Clerks, CAO’s, CBO’s
  • Property Standards, Animal Control, Noise and Nuisance By-Law Enforcement
  • Consultation / Prosecution / Defence
  • Land Use, Planning and Property Matters
  • Local Shared Services Agreements (e.g. Fire, Utilities)
  • Subdivision and Site Plan Control
  • Zoning By-Laws
  • Official Plan Amendments
  • Expropriation
  • Landfill Matters
  • Tax Sales
  • Minor Variances and Consents
  • Development Charges
  • Site Plan Approval
  • Municipal Litigation
  • Consents to Land Severance
  • Municipal Licensing and Standards
  • Planning and Appeal Tribunal Representation
  • Committee of Adjustment Application Representation
  • Interpretation of Election and Procurement Law
  • Local Planning Appeal Tribunal Hearings (formerly Ontario Municipal Board)

Our lawyers have over 30 years’ experience in municipal law. We understand the law and, candidly, we understand the politics and dynamics involved. Our lawyers can provide you with the comprehensive advice you need.

Corporate Law

  • Incorporations and Organization – Numbered & Named Corporations
  • Professional Corporations
  • Not-For-Profit Incorporation
  • By-Law Preparation
  • Share Transfers
  • Directors and Shareholders Meeting Minutes
  • Directors Resolutions
  • Shareholders Resolutions
  • Annual Minutes
  • Subscription Agreements
  • Trust Agreements
  • Articles of Amendment
  • Articles of Amalgamation
  • Stock Options
  • Dissolutions of Corporations
  • Debt Financing and Secured Transactions

From simple one person corporations to complex situations involving multiple parties, our lawyers have built and maintained the corporate structures our clients need. Our knowledge of real estate, financing, contracts and related areas will provide you with the comprehensive advice needed to achieve your objectives.

Wills, Estates & Trusts

  • Domestic and International Will Preparation
  • Property Powers of Attorney
  • Personal Care Powers of Attorney, including “living Will” provisions
  • Family Trusts
  • Henson Trusts
  • Probate (Appointment of Estate Trustee)
  • Estate Administration / Assistance
  • Survivorship and Transmission Applications
  • Indemnity Agreements for Estates
  • Administration of First Nations Individuals' Estates

One of the most sensitive areas of our practice involves helping clients and their families prepare for and deal with the emotionally and legally challenging issues involved with Wills and Estates. Our lawyers and skilled staff are always there for you as we know that, sometimes, even the smallest of details can be overwhelming at difficult times. We devote care, attention, and understanding to your estates issues.

Estate Litigation

  • Applications for Will Interpretation
  • Will Challenges – incompetency, undue influence, etc.
  • Guardianship of the Person Applications
  • Applications to Remove / Replace Guardians or Trustees
  • Passing of Accounts
  • Objections to Passing of Accounts
  • Motions for Directions
  • Transmission Applications
  • Motions to Cancel Bonds
  • Applications for Dependants’ Support
  • Applications for Direction, Interpretation of Contested Wording
  • Applications Contesting Validity of Will
  • Management Plan Counsel and Preparation
  • Claims by Common Law Spouses Against Estates

Disputes involving family and close personal relationships can be devastating when someone passes. We stand up for you and will fight for what is right, but we never forget that these are disputes about real people who deserve understanding, respect, and who want nothing more than a fair result as soon as possible.

Employment Law – Employer & Employee Representation

  • Common Law and Wrongful Dismissal / Termination
  • Dismissal Without Cause / Notice or Pay In Lieu Requirements
  • Dismissal / Termination With Cause
  • Employment Standards Act
  • Occupational Health and Safety Act
  • Workplace Safety & Insurance Act
  • Pay Equity Act
  • Employment Contract Drafting / Negotiation / Enforcement
  • Restrictive Covenants: Confidentiality / Non-Compete / Non-Interference
  • Independent Contractor Agreements
  • Human Rights
  • Medical Leave and Accommodation
  • Discrimination
  • Sexual Harassment

Clients don’t seek our help because their employer or employee is wonderful, although many are. When they aren’t, give us a call. Our lawyers have extensive experience in crafting and obtaining solutions you can live with.

Labour Law – Employer Side Representation

  • Wrongful dismissal, Employer Representation
  • Ontario Labour Relations Act
  • Privacy Legislation
  • Grievance Mediation / Arbitration Representation
  • Termination / Negotiation / Defence Litigation
  • Collective Agreement Negotiation / Interpretation
  • Progressive Discipline Consultation
  • Termination for Cause
  • Human Rights Dispute Consultation / Representation

Unionized workplaces require a measured, consistent, fair and cooperative approach by management, in order to achieve and maintain the most optimal management / labour relationships. Our lawyers have extensive experience in management-side labour law and employment law matters, working with clients to help them achieve and maintain the most productive and mutually-beneficial workplace environments.

Construction Law

  • Building Contracts
  • Site Plan Agreements
  • Construction liability disputes
  • Payment disputes
  • Construction Lien claims
  • Construction Defect Litigation

From what we have seen, construction is one of the most frequent sources of litigation. Our lawyers are well experienced in representing both contractor / subcontractor and owner. We have also seen enough of the pitfalls to be able to structure contracts and agreements for you that will avoid the mistakes that, so often, lead to conflict and litigation.

Residential Real Estate

  • Purchase and Sale of Homes, Cottages and Recreational Property
  • Condominium Purchase and Sale
  • Life Lease Agreements
  • Rent to Own Agreements
  • Mortgages, Secured Lines of Credit

Our firm has handled over 8,000 real estate and mortgage files and our lawyers and staff have extensive knowledge of local conditions and real estate issues. We have the skill; we have the experience; we have the personal knowledge; and we have files on thousands of properties with valuable information; all of which allow us to provide our clients with outstanding, worry-free assistance.

Commercial Real Estate

  • Purchase and Sale of Commercial Property
  • Purchase and Sale of Commercial Farm Property
  • Commercial Condominium Purchase & Sale
  • Commercial Lease Preparation / Negotiation
  • Lease Defaults
  • Evictions / Terminations
  • Claims for Rent and Disputes Re Renewal Rights
  • Applications Re Landlord Consent to Assignments and Subletting
  • Applications to Enforce Exclusivity Provisions
  • Disputes Regarding Additional Rent Re Operating Costs / Property Tax
  • Actions for Relief from Forfeiture

The unique features of commercial real estate are well-known, familiar matters for our lawyers. Our firm is well trusted and respected by clients who have used our commercial real estate services.

Real Estate Litigation

  • Mortgage Enforcement through Power of Sale
  • Actions for Possession, Foreclosure, Judicial Sale
  • Misrepresentations, Warranties, Latent Defect Litigation
  • Property Management Disputes
  • Breaches of Agreements of Purchase and Sale; Tendering and Litigating Claims for failed transactions
  • Damages, Return of Deposits; Forfeiture of Deposit
  • Certificates of Pending Litigation / Caveats / Cautions and Claims for Specific Performance of Agreements of Purchase and Sale
  • Discharge of mortgage applications
  • Boundary Disputes
  • Disputes Re Easements, Restrictive Covenants, and other Restrictions on Use

As land values have escalated, we have been seeing more and more real estate conflicts resulting in litigation. In fact, we have had more real estate conflicts end up in the Court of Appeal than any other area. Clients with this sort of problem need lawyers who can hold their own at the highest levels. We’ve been there, done that.

First Nations Lease Land Transfers

  • Transactions Involving First Nations Lease Properties
  • Commercial, Residential, and Recreational

While the transfer of leasehold interests on First Nations lands was, at one time, reasonably similar to the transfer of freehold land elsewhere, changes in the land registry system and developments with respect to indigenous lands have seen a great divergence in how these transactions are handled. Our firm has been on the cutting edge of all these changes and is one of the few firms anywhere with extensive familiarity and experience in these matters. Our Sauble Beach office handles many transactions involving leasehold interests on the Saugeen First Nation and elsewhere. We are pleased to have assisted both indigenous and non-indigenous clients over the years.

Family Law

  • Uncontested Divorce
  • Pre-Nuptial Agreements
  • Separation Agreements
  • Cohabitation Agreements
  • Marriage Contracts
  • Settlement Negotiations
  • Mediation

While our firm has handled significant numbers of files involving family law litigation over the years, our business volume does not allow us to commit to taking Court cases involving extensive family law litigation. To assist our clients, we do have mediation and collaborative law training and are experienced in helping clients through negotiated settlements. Additionally, we continue to provide pro-active advice and assistance through the negotiation and preparation of domestic contracts such as cohabitation and marriage contracts. We have found that these are especially helpful to older clients entering relationships later in life who want to establish balanced commitments to a new partner, but also want to keep "peace in the family" with grown children anxious about a parent's involvement with someone new.

Elder Law / Substitute Decisions Act

  • Appointment of Guardians of Property
  • Removal of Guardians of Property
  • Appointment of Guardians of the Person
  • Removal of Guardians of the Person
  • Management Plans
  • Passing of Accounts
  • Challenges to Passing of Accounts
  • Court proceedings involving a Litigation Guardian

Changing demographics, a growing awareness of issues such as elder abuse, and the accumulation of significant assets by the aging population have resulted in more problems related to elder law than ever before. Our firm has committed to protecting our aging clients and has represented older clients and those advocating for them in matters ranging from consent and capacity assessment hearings to lengthy Superior Court actions.