With 40 years of providing knowledgeable and experienced representation at all levels of the Canadian courts —including the Supreme Court of Canada. Our accomplished lawyers have longstanding reputations for providing highly attentive and professional client service, and for delivering impressive financial results.
Putting the injured individual (the plaintiff) in the same situation they were in prior to the damage occurring is the main objective of personal injury law. Everybody is susceptible to accidents, no matter where they live. The carelessness of other people and organizations may still expose people to danger, regardless of how careful, safe, and prepared they are. Though there is a legal obligation for individuals in Ontario to owe others a duty of care, accidents (in its broadest sense) are inevitable. An injured party may be eligible to obtain a variety of types of compensation as part of a personal injury claim.
The term “economic loss” refers to any monetary loss brought on by harm (including lost wages or other employment-related benefits, medical expense loss, replacement service loss, loss resulting from a loss of life, funeral costs, and lost business or employment prospects), to the extent that recovery for such loss is permitted by applicable Federal law.
Non-economic losses are more challenging to measure and prove (due to the fact that intangible ideas including pain and suffering or mental discomfort are hard to quantify.) Nonetheless, across many cases, particularly where accident victims have suffered severe injuries, the negative impacts of these losses may be considerably more severe than that of any measurable loss of money.
Non-economic damages are a type of compensation that takes into consideration an injured person’s pain, mental anguish, suffering, and other similar difficulties associated with an accident whereas economic damages are often meant to assist return a person to their previous state.
Pace Law Firm’s personal injury lawyers may be able to offer you the legal support you require if you were the victim of an incident brought on by someone else’s carelessness and suffered damages as a result. Our reputable and reliable lawyers are able to obtain financial compensation for the losses you have suffered as a result of the injuries you have received. These losses may be economic or non-economic in nature, depending on the circumstances surrounding your accident and the seriousness of your injuries.
It’s already difficult to immigrate to the Canada or the United States, particularly if the government treats you unjustly. Fortunately, most poor choices can be overturned. Do not let an unfavorable decision or denial prevent you from entering either Canada or the U.S. At Pace Law Firm, our skilled immigration lawyers at Pace Law Firm can assist you with all facets of Canadian and American immigration, work permits, citizenship, and refugee matters. With regards to complicated immigration issues, such as those involving USCIS, the Department of State, and US Federal Courts, as well as appellate litigation involving things like sponsorship appeals, study permit appeals, permanent residence revocation, and much more.
Any of the following factors could result in your admission into Canada or the U.S. being refused or denied:
Numerous foreigners enter the country each year to work temporarily. Through the transmission of skills, these temporary foreign employees help Canada and the U.S.’s present labour shortfall. By initially acquiring permission to hire a foreign worker, companies aid in this process.
International students, foreign workers, and tourists who are lawfully present in Canada for a brief period of time, but are not Canadian citizens, are considered to have temporary residency. Temporary residency is not linked to citizenship, as one cannot convert from a temporary resident to a citizen without completing another procedure, whereas Permanent Residence (PR) is a prerequisite for Canadian citizenship.
There are various types of work permits when it comes to visiting as a temporary resident, such as; the NAFTA work permit, Intra-company transfer, Labour Market Impact Assessment, significant benefit work permit, live-in caregiver work permit, open work permit, off campus work permit, and post graduate work permit.
Without being a citizen, a person can obtain permanent residency (PR), which allows them to live and work there indefinitely, unlike a temporary resident. There are various different routes to take when wanting to attain a temporary residency, such as; express entry, family class sponsorship, economic class, business immigration, humanitarian and compassionate, provincial nominee programs, as well as live-in caregiver.
Many of the same privileges and obligations that apply to Canadian citizens also apply to Permanent Residents, including the freedom to live, work (with some limitations), and study anywhere in the Country. Permanent residents enjoy many of the same social benefits as Canadian citizens, such as becoming contributing members of the Canada Pension Plan and being covered by the universal health care system in their province or territory. Except for those that are only available to Canadian citizens, all Permanent Residents are entitled to the protections, rights, and freedoms outlined in the Canadian Charter of Rights and Freedoms.
Canada, with its rich tapestry of culture and opportunity, attracts countless individuals and families seeking a better life, reunion with loved ones, or the promise of professional growth. Yet, the journey to Canadian residency or citizenship is not always straightforward. It is a path interwoven with legal complexities, meticulous procedures, and sometimes, unforeseen challenges. Refusals on immigration applications can be a daunting setback, often accompanied by a whirlwind of emotions ranging from disappointment to confusion.
However, the Canadian legal system provides avenues to contest and challenge such decisions, ensuring that fairness and justice aren’t mere ideals but actionable paths. Whether it’s understanding the intricacies of a refusal, seeking judicial review, or appealing against a decision, navigating these challenges requires expertise, tenacity, and a deep understanding of both the letter and spirit of Canadian immigration law. With Pace Law Firm by your side, you’re not alone in this journey. It’s not just about legalities—it’s about dreams, aspirations, and the indomitable human spirit seeking its rightful place in the vast expanse of the Canadian mosaic.
Immigration refusals can be profoundly disheartening, particularly when they become barriers to families or individuals pursuing their dreams in Canada. These refusals can have various origins, from simple administrative oversights to more complex legal issues. The emotional aftermath is often heavy, creating an atmosphere of uncertainty and dismay.
Recognizing the profound impact of these refusals, we at Pace Law Firm employ specialized expertise to navigate the intricacies of the Canadian immigration system. With a dedicated team proficient in Canadian immigration laws, we provide not just invaluable counsel, but also guidance in strategizing for appeals and judicial reviews. Our mission is unequivocal: to convert these challenges into a pathway forward, realigning your immigration aspirations.
When confronted with an immigration or citizenship decision that may seem erroneous or premised on misconceptions, the path of a judicial review becomes available. This mechanism allows the Federal Court to meticulously evaluate the decision rendered by immigration authorities, ensuring its alignment with principles of fairness and its freedom from judgmental and legal errors. It’s imperative to understand that this process doesn’t reopen the entire case but hones in on the lawfulness and propriety of the initial ruling.
Central to this methodology is the Canadian Charter of Rights and Freedoms. This Charter enshrines fundamental rights for all in Canada, and decisions perceived to infringe upon these rights can be contested. At Pace Law Firm, our in-depth grasp of the Charter and the intricacies of the judicial review positions every case on firm legal foundations. By adeptly referencing the Charter and pertinent legislation, we strive to present a compelling argument before the Federal Court, championing a reassessment of the original verdict, anchored in justice, fairness, and the protection of rights.
Navigating the journey towards Canadian permanent residency or sponsoring a loved one is intertwined with specific regulations and conditions. Foremost among these is the 730-day residency rule. This regulation requires permanent residents to reside in Canada for at least 730 days within a five-year period. Not meeting this obligation can place one’s residency status in peril, underscoring the importance of comprehending this rule.
Simultaneously, the process of sponsoring a spouse or parent can be laden with intricacies. Refusals may arise from diverse factors, be it questions surrounding the genuineness of a marital bond or concerns related to financial or medical circumstances. Facing such denials can be emotionally draining, particularly when the hope of reuniting with family is at the forefront.
Yet, a refusal doesn’t signify the end of the road. Opportunities to appeal are available, whether based on legal grounds or stemming from humanitarian and compassionate considerations. These appeals serve to challenge the original verdict, introducing fresh evidence or advocating on principles of fairness, compassion, or legal soundness.
Permanent residency in Canada is an esteemed status, accompanied by certain obligations. Facing criminal charges can introduce inadmissibility challenges, potentially endangering the valued status of a permanent resident. These charges can span from minor violations to serious criminal conduct, with profound implications on one’s immigration standing.
However, facing charges doesn’t automatically spell the end of one’s aspirations in Canada. The appeal mechanism grants individuals the avenue to contest inadmissibility determinations. Within this framework, individuals have the opportunity to present their perspective, deliberate on legal intricacies, or even petition for considerations on humanitarian grounds. Our commitment is to guide you through this process, ensuring you are well-informed of your rights and available pathways.
Navigating the Federal Court of Canada, especially in immigration matters, demands a blend of precision and expertise. Proceedings in this esteemed court are intricate, underscoring the paramount importance of adept legal representation. Not only is this representation procedurally essential, but it also offers a distinct advantage in strategy and execution.
At Pace Law Firm, our team of seasoned attorneys brings a wealth of knowledge spanning immigration laws, Federal Court procedures, and the nuanced elements that often determine the fate of a case. Our expertise empowers us to construct compelling arguments, challenge debatable decisions, and masterfully navigate the labyrinth of the court system. In an environment where every nuance holds significance and outcomes carry profound implications, partnering with Pace Law Firm ensures that the pillars of justice and fairness are fervently upheld.
Navigating the intricate maze of U.S. visa applications can often be a daunting task. While many embark on this journey with hope, the truth remains that some applications face denials due to various reasons entrenched in U.S. law. It’s crucial to understand that a visa denial is not necessarily the end of your American dream. With the right guidance and understanding of the process, there are avenues to challenge these decisions and possibly alter the outcome. At Pace Law, we’re committed to providing you with expert guidance every step of the way. From understanding the reasons behind visa denials to exploring the avenues for appeal, our experienced team stands beside you, ensuring you’re well-informed and adequately represented. Together, we aim to navigate these legal intricacies, advocating for your rights and aspirations.
Every year, countless individuals apply for U.S. visas, hopeful to travel, work, or reside in the United States. Yet, not every application gets approved. The U.S. visa process involves a meticulous evaluation by consular officers at a U.S. Embassy or Consulate. Their role is to review every application and make a decision based on established U.S. laws and regulations. While many applicants undergo a smooth journey, it’s essential to recognize the complexities that surround visa applications and the evaluation criteria. At Pace Law, we demystify this process, shedding light on how decisions are made, and ensuring that applicants are well-prepared for every stage of the application.
A visa denial can be disheartening, but understanding the underlying reasons can provide clarity and direction for future applications or appeals. Several factors can lead to visa denials. Some common reasons include incomplete applications, lack of sufficient supporting documentation, or the applicant’s history. Activities such as prior criminal offenses or certain health-related concerns can render an applicant inadmissible. Additionally, sometimes the applicant may not qualify for the specific visa category they’ve applied for. At Pace Law, we delve deep into understanding the specific reason for your visa denial, equipping you with the knowledge and insight needed to address the concerns raised effectively.
Facing a visa denial can feel like a setback, but it doesn’t necessarily mean an end to your journey towards reaching the United States. Depending on the reason for denial, there may be potential avenues for redress. You may have the option to reapply, especially if your circumstances have significantly changed since your last application. In some cases, you may also be eligible to appeal the decision, especially if there were legal discrepancies in the initial judgment. It’s crucial to act promptly and understand your rights and options in the aftermath of a denial. Pace Law is here to guide you through your next steps, whether it’s reapplication, an appeal, or seeking other visa avenues. We provide the expertise and support needed to navigate these challenges, keeping your aspirations alive.
When confronted with a visa denial, many individuals wonder if there’s any recourse available. Yes, in certain circumstances, it is possible to appeal a visa denial decision. However, it’s essential to understand that appeals are usually entertained on legal grounds rather than factual determinations. For instance, if there is a belief that the consular officer made an error in the interpretation or application of the immigration law, an appeal might be viable. At Pace Law, we closely analyze the reasons for denial and evaluate the potential for an appeal. We are deeply familiar with the nuances of the U.S. visa system and can advise on the best course of action, ensuring that every legal avenue is explored.
Crafting a compelling visa denial appeal letter is a crucial step in challenging a negative decision. This document should not only address the reasons stated for the denial but also present a robust argument on why the decision should be reconsidered. An effective appeal letter is more than just an emotional plea; it’s a structured, argumentative, and evidence-backed document that clearly highlights any errors or oversights in the initial assessment. At Pace Law, we specialize in preparing persuasive appeal letters that resonate with the authorities. Our team ensures that every appeal letter is meticulously drafted, highlighting the strengths of your case and providing a cogent argument for a reassessment.
Understanding how and where to file an appeal is as important as the appeal itself. The filing process requires adherence to specific procedures, timelines, and documentation. Typically, appeals must be filed within a set period from the date of the decision. Missed deadlines can lead to lost opportunities. Furthermore, depending on the nature of the denial, different forms and processes might be applicable. With Pace Law at your side, you’re never alone in navigating these procedural intricacies. We provide a comprehensive overview of the filing procedures, ensuring that every form is correctly filled, every deadline is met, and every protocol is followed. Through our diligent approach, we aim to give your appeal the best chance of success.
The period within which you can file an appeal is stringent and non-negotiable. Typically, an appeal must be lodged within 30 days from the decision date. In some situations, this window might even be shorter. It’s vital to be aware of and adhere to these deadlines, as missing them can result in the loss of the right to appeal. Additionally, some exceptions grant extra days if the decision was mailed to you. At Pace Law, we emphasize the importance of timeliness. Our dedicated team ensures that all appeal filings are executed within the stipulated timeframes, safeguarding your right to challenge any unfavorable visa decisions.
Once an appeal is submitted, it undergoes a thorough review by a higher-ranked officer or relevant appeal processing body. This officer re-examines the case, considering the arguments and evidence presented in the appeal. If they find merit in the appeal, the initial decision could be overturned. However, a favorable outcome at this stage doesn’t guarantee visa approval, as the application may still be reviewed and potentially denied for different reasons. With Pace Law’s guidance, clients are kept informed at every stage. We explain the intricacies of the decision process and manage expectations, ensuring that you’re always a step ahead in your visa journey.
Filing an appeal often comes with associated fees. However, in some circumstances, applicants may be eligible for a fee waiver, particularly if they demonstrate an inability to pay. It’s important to understand the conditions under which a fee waiver can be requested and the documentation required to support such a claim. At Pace Law, we believe in holistic legal guidance. We assist clients in evaluating their eligibility for fee waivers, guiding them through the process, and helping gather the necessary documentation to substantiate their request.
One of the fundamental principles in U.S. immigration law is the Doctrine of “Consular Non-Reviewability.” This doctrine implies that visa decisions made by U.S. consular officers cannot typically be appealed within the U.S. judicial system. This makes the visa application process unique, as consular decisions are, by and large, final and non-reviewable. Understanding this principle is crucial, as it frames the scope and limitations of potential appeals. At Pace Law, we shed light on this doctrine, explaining its implications and how it impacts the visa application and appeal processes. Through our insights, clients gain a clearer understanding of the legal landscape and their position within it.
In the U.S., the appeals process for immigration decisions is multifaceted and distinct from Canada’s system. While certain immigration decisions can be appealed to the Board of Immigration Appeals (BIA), an administrative body, there are limitations when it comes to judicial review in the federal courts.
A key limitation is the doctrine of “consular non-reviewability.” This doctrine maintains that visa decisions made by U.S. consular officers abroad are generally beyond the reach of the U.S. judicial system, given the broad discretion these officers have in visa matters. This means that many visa denials or rejections at consulates and embassies overseas cannot be challenged in U.S. courts. Exceptions are rare and usually revolve around arguments that consular officers did not properly adhere to the law.
For individuals within the U.S. who are facing adverse immigration decisions, such as removal or deportation, there exists a more structured appeals pathway. After an unfavorable decision by an immigration judge, one has the right to appeal to the BIA. If the BIA’s decision remains unfavorable, in some cases, the individual can petition for review in a U.S. federal appeals court.
Given the complexities inherent in the U.S. immigration appeals system, the guidance of legal counsel becomes paramount. Experienced immigration lawyers can help individuals navigate the appeals process, offer critical insights, and advocate effectively on their behalf.
You can prove that you are a Canadian permanent resident by showing your PR card. When returning to Canada or the U.S. on a commercial vehicle, such as an airplane, boat, railway, or bus, you will be required to present your card and your passport upon arrival.
Before returning to Canada in a commercial vehicle, PRs who are going outside of Canada without a current PR card or who are not carrying one must apply for a permanent resident travel document.
If you are looking to attain temporary or permanent residence, it is crucial to hire an immigration lawyer to help guide you through the process as there are many documents involved and each case is different respective to your circumstances. Our team of immigration lawyers and legal personnel are well versed on all areas of immigration law and have successfully closed thousands of cases.
At Pace Law, our objectives are to assist clients in the most effective and efficient way possible in resolving their immigration problems, thus helping them secure an optimal and successful outcome to their case. At Pace Law Firm, we have handled hundreds of immigration issues involving applications for Permits, Visas, denials, and much more. We have supported our clients through trying times & assisted them in creating a stronger application. We can assist you with creating your application and help facilitate and accelerate the otherwise hectic process.
Our litigators at Pace Law have expertise in arguing courts at all levels to get the best outcome for their clients. If litigation is the best course of action for your case, we will file a court application on your behalf or represent you once you have received court papers.
The conventional approach of addressing family law conflicts is through litigation. Any disputes that need to be resolved need both parties to make their case in front of a judge. Any issue coming out of a separation or family crisis requiring quick action and involvement may require litigation if the circumstances impede resolution by agreement. After hearing arguments from both sides, the judge issues a ruling that specifies the rules that the parties must follow until further notice.
Court alternatives including collaborative family law, mediation, and arbitration are frequently quicker, less expensive, and produce more peaceful outcomes. However, there are times when going to court is the best or only way to resolve a dispute.
Family-related issues are never simple nor easy. A divorce or separation can have a significant impact on both your future and the future of your children. Our goal at Pace Law Firm is to facilitate and support you during this process. You may rest easy knowing that your information is protected because our team places a high priority on maintaining client confidentiality. In addition to protecting your personal information, we address each case with the same empathy that we would value if the tables were turned. Our first objective is to save every customer time so they can get through this trying moment and resume living their life.
Our skilled legal team at Pace Law Firm can guide you through the house purchasing or selling process. With all the complexities involved, having knowledgeable legal representation can help the process go much more smoothly.
For both private investors and business entities, real estate is a significant financial investment. Due to this, any disagreement over the terms of a sale, property rights, or other breaches of contract may result in litigation. Legal representation must be deliberate and carried out with the client’s end goals in mind due to the seriousness of the issues involved.
We are aware that buying real estate is frequently a very personal decision, frequently reflecting significant life events like young families buying their first house or older couples deciding to downsize or relocate closer to their kids. As owners acquire retail space or purchase property as part of a broader commercial project, it may also be a significant acquisition for many small and large firms. In order to handle the issue and comprehend the legal nuances, a committed and dependable professional must be on hand when a real estate acquisition unexpectedly turns complicated or troublesome.
One of the key advantages of choosing Pace Law Firm’s expertise is that our team of trustworthy lawyers are knowledgeable professionals who have worked extensively in a wide range of legal fields. When one party breaks the terms of the agreement, there may be a breach of contract in many real estate instances. On the other hand, a transaction could occasionally seem to go off without a hitch, but problems with the property may surface soon after. In any situation, Pace Law Firm’s lawyers can provide the legal support you need to settle the conflict as quickly and successfully as possible. Our lawyers and legal staff are aware of all the potential hazards and subtleties of the real estate lawsuit procedure as a result of their knowledge and experience.
We are well-versed in handling the wide range of litigation-related problems that the real estate sector faces because to our extensive expertise and accumulated knowledge. In a range of real estate litigation matters, such as mortgage and tax foreclosures, eminent domain, mechanic’s liens, and title insurance claims, our lawyers have represented buyers, sellers, agents, brokers, governments, developers, lenders, landlords, tenants, investors, contractors, and title insurance companies.
The impending prospect of civil action is one of the numerous benefits and drawbacks of owning and running a business. Lawsuits can seriously harm your company’s finances and reputation.
However, any legal matter that your company faces may be included in a commercial lawsuit case. The best approach to comprehend these problems and how they can impact your company is to speak with one of Pace Law Firm’s business litigation lawyers.
In Ontario, a company is a legal body. It is obligated to pay taxes and has the legal right to sue and be sued. It can also possess property. There are several reasons why people incorporate, including to protect their personal assets. A corporation is owned by its shareholders but is managed by its executives and directors. Directors may, under certain conditions, be held accountable for corporate actions.
To operate a firm, two or more parties frequently combine their respective abilities. The partners frequently commit both time and money in an effort to establish a prosperous business. Sometimes one individual serves as the financier and silent partner, contributing funds to run the company. The parties get together in the pursuit of starting a prosperous business.
Unfortunately, business “partners” must seek legal advice to discover how to end the relationship from one another, much like in divorce cases. The Business Corporations Act governs corporations in Ontario. This Act grants a variety of rights to shareholders, directors, and even creditors of corporations so they can work to correct any apparent wrongdoings. In some cases, a creditor may be able to “pierce the corporate veil” and hold specific individuals accountable for debts owed by the firm.
Legal disputes in business are complicated. It entails going over a plethora of documents, consulting with specialists, looking into the evidence, speaking with witnesses, creating and replying to a plethora of motions, and taking part in court procedures. Additionally, it may take years, particularly when significant sums of money or sophisticated issues are involved.
It is crucial to have a skilled commercial litigator on your side if you are involved in a business dispute. Our team of knowledgeable lawyers and professionals can help to simplify and speed up the otherwise difficult procedure.
Our team is experienced in representing and consulting with Aboriginal business people; assisting them in dealing with their unique commercial and legal issues
Aboriginal business people face distinct challenges as a result of the provisions of the Indian Act. Recognizing the dramatic changes impacting Aboriginal commercial enterprises, our team provides experienced representation and consultation to assist Aboriginal business people in addressing these significant challenges.
Our team has experience in both representing and consulting with Aboriginal clients on commercial issues and related concerns.
First Nations’ commercial activities are governed by The Indian Act: legislation which affords natives and reserves certain rights and protections but, in doing so, also imposes significant restrictions on their capacity to conduct business in Canada. Unfortunately, The Indian Act is, in many ways, out of date, and there exist numerous controversies associated with it.
The limitations and outdated nature of the act are readily apparent with respect to First Nations’ business activities—especially, for those natives living on reserve, and conducting business either on or off reserve.
Native business people are confronted with distinct challenges related to the securing of financing, as the existing legislation did not anticipate the changes that have dramatically altered the circumstances in which aboriginal commercial enterprises are now being conducted.
With our commercial lawyers’ experience addressing business and financing issues, we offer First Nations peoples knowledgeable and effective representation in dealing with the unique issues and special circumstances they may face in conducting business. In addition, we provide consultation regarding First Nations’ business issues, practices, and disputes. Our lawyers have served as consultants to members of the Whitesand First Nation, as well as having represented business people who are members of the Mohawk Nation at Akwesasne.
If you and your partner are unable to agree on a spousal support amount, you can go to court and have a judge determine.
Our civil and commercial litigation team is committed to providing informed representation to Indigenous Peoples, which recognizes the distinct legal challenges that they face. We listen to our clients attentively and respectfully in order to understand and honour their perspective on the situations and circumstances that confront them, and to provide our analysis and recommendations regarding their legal options accordingly. Our promise is to provide our clients with knowledgeable, skilled, and vigorous legal representation of their rights and interests.
The Estate and Trust Litigation group recognizes the uniquely personal nature and circumstances of issues in this area. This informs and guides our approach in advising clients and resolving disputes.
Being an estate trustee or executor can often be an overwhelming experience. Our team of lawyers advises and assists estate trustees and executors to address essential matters such as: the interpretation of a Will or Trust; applications for Certificate of Appointment of Estate Trustee with or without a Will; intestacy situations; the passing of an Estate Trustee’s accounts; and the distribution of beneficiaries’ assets.
As the Canadian population ages, estate litigation is an area of legal practice which is growing in Ontario. Disputes regarding estates can arise in a variety of contexts including, but not restricted to: family members contesting a Will or Trust; filing a Notice of Objection related to a trustee dispute; litigating disputes involving trustees or executors; complex estate plans; changes in a testator’s Will; inadequate provision for dependents; filing dependents’ relief claims when an heir is excluded from a Will; executors’ fulfillment of duties or passing of accounts; and dispersion of sentimental properties.
Pace Law supports clients with claims involving the administration of estates or trusts. Disputing such claims requires the advice and guidance of legal counsel who are knowledgeable about both the applicable legal issues, as well as the available procedural options. There are several issues that are commonly encountered in disputes over the administration of an estate or trust. They include: challenges to a Will, and the interpretation of a Will or trust; quantum meruit claims; capacity claims; dependants’ relief claims; the passing of an Estate Trustee’s accounts, and breach of trust by an Estate Trustee.
Regarding challenges to a Will, causes of dispute include:
Quantum meruit claims typically arise in estate litigation when the deceased had entered into an argument with an individual, promising for the performance of an action, but the payment was not made and was not addressed in the deceased’s Will.
Because of the dramatic increase in life expectancies and the “baby boom” demographic bulge, claims relating to capacity are increasingly frequent. The matter of capacity is complex—insofar as it applies to a number of different issues. Questions of capacity are applicable to such matters as: whether or not the deceased was capable of making a will; and whether or not the person had the capacity to manage property, appoint a power of attorney, make decisions regarding medical care, or marry. These issues, which may overlap, are further complicated by the fact that the applicable test for capacity is specific to the issue in dispute. For example, an individual may have the capacity to marry, but not to make medical decisions or to manage property.
With respect to “testamentary capacity”—the capacity to make a legally valid will—the individual must be “of sound mind, memory and understanding.” The validity of a will demands that the individual making it understood “the nature and quality of the act.” It must also be demonstrably clear that the will-maker understood who the beneficiaries of the will would be and what they would receive, the nature and extent of his or her property, and what those who are being excluded might reasonably claim.
Though a testator is generally accorded the right as to whom his or her property will be bequeathed, that right is not absolute. In Ontario, the Family Law Act recognizes that an individual has financial responsibilities to family members—including minor children, spouses, and parents. Regarding minor children, the Criminal Code stipulates that parents must provide their children with the necessaries of life. Further, in accordance with the statues of the Succession Law Reform Act, the estate of the deceased may be obligated to pay support, which has not been declared in the will, to spouses, parents, and children.
For dependants who have been disinherited, a number of factors bear consideration in determining the outcome of a claim for relief. The dependant’s age, physical and mental health, needs, and the proximity and duration of his or her relationship with the deceased are significant elements to be weighed in considering relief. In addition, the existence of any agreement that may have existed between the dependant and the deceased, as well as the existence of other claims are pertinent factors. When the dependant is a spouse (including common law relationships), the length of time cohabitating with the deceased, and a history of behaviour that is so egregious as to repudiate the relationship constitute relevant considerations.
The Estate Trustee (the Executor and Estate Trustee) is charged with the responsibility of distributing the estate’s assets. Because the Estate Trustee is considered to be a fiduciary, the individual(s) fulfilling that function must establish a separate account for the deceased’s funds. In addition, the trustee has a duty to keep comprehensive record of the monies the estate has received, and the details of its expenses and the funds dispersed. The trustee must provide the beneficiaries with a proper accounting indicating the value of the estate, and whether or not he or she has satisfied all of the estates debts and distributed its assets properly. The guiding operative principle for the Estate Trustee is that all expenses incurred must demonstrably benefit the estate. Although court approval of the Estate Trustee’s accounts is not mandatory, the beneficiaries are entitled to demand of the trustee a full and complete accounting. Refusal or failure to do may lead the court to remove the Estate Trustee.
In Ontario, estate accounting and power of attorney accounting must adhere to a vey strict accounting protocol. Generally, disputes arising from the estate trustee’s accounting do not involve mismanagement or breach of fiduciary responsibility, but rather the trustee’s fees. The trustee is entitled to reasonable compensation for the administering an estate. Various factors—including the size and complexity of the estate, the demands made on the trustee in terms of time and the effort required to fulfill his or her duties responsibly, the skill and knowledge demonstrated, and the success of the trustee’s work on behalf of the estate—are taken into consideration when assessing the legitimacy of the fees the Estate Trustee is claiming. There are existing “tariffs”—guidelines for trustee’s fees—though the court may regard the existence of the aforementioned factors as providing the basis to approve fees that exceed the tariffs.
There are various circumstances that may lead to the removal of the Estate Trustee such as bankruptcy, illness, and being convicted of a crime. Further, if there are multiple trustees and there exists discord or animus between them, which is such that it may negatively impact the beneficiaries, the court may act to uphold the beneficiaries’ welfare by removing the trustees. Regarding breach of duties by an Estate Trustee, the court may rule that the trustee’s failure to meet the elevated duties of a fiduciary—that is, to act honestly and in good faith on behalf of the beneficiaries—warrants his or her removal. In those instances in which there exists a financial conflict of interest arising from the trustee’s previous relationship with the deceased or other circumstances that compromise the trustee’s capacity to act impartially, the court may rule that the trustee must be removed.
Within the City of Toronto, mediation is a mandatory step in the resolution of disputes over Wills. Our knowledgeable and experienced litigators recognize that securing an effective and satisfactory settlement often involves being sensitive to potentially damaging familial or personal relationships. We attempt to customize our approach to dispute resolution by identifying not only the relevant legal issues, but also the pertinent personal circumstances and relationships involved. We provide our clients with an informed understanding of their legal rights and obligations, and outline their options and the associated costs.
Whether it is in the form of contract disputes, tort claims, breaches of fiduciary duty, or corporate actions, Pace Law Firm has a long-standing history of fulfilling our clients’ trust by vigorously and successfully advocating on their behalf. Although our lawyers and legal team have addressed a wide variety of civil litigation, our primary focus has been on estate disputes, commercial litigation matters, estate law, and actions involving Indigenous rights and business practices.
Our litigation team acts for entrepreneurs, small businesses, individuals, and corporations by providing a variety of legal services. We do so by: providing advice regarding legal strategy aimed at resolving or avoiding disputes efficiently; advocating on behalf of clients before the Courts or Tribunals; negotiating terms of settlement arising from Court proceedings; and enforcing the judgments of Courts or Tribunals in order to expedite the resolution of an action.
Pace Law Firm’s reputation in successfully representing our clients and their interests is well-established and speaks for itself. While our dedicated team of legal professionals will manage our clients’ interests with the utmost care and the respect they deserve, we also uphold our commitment to ensuring that we are continuously providing our clients with the best combination of care and advocacy our team can offer. Whether resolving a dispute requires effectively negotiating a settlement or pursing it before the Courts or an arbitrator, we service our clients by carefully analyzing their needs, strategizing, and vigorously advocating on their behalf.
Call us now or fill out the form to discuss your case with an experienced legal professional.
191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809
191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809
143 Pine Street
Collingwood, ON L9Y 2P1
Phone: 705-444-0031
Fax: 416-236-1809
143 Pine Street
Collingwood, ON L9Y 2P1
Phone: 705-444-0031
Fax: 416-236-1809
136 Main St. South
Kenora, ON P9N 1S9
Phone: 1-807-456-7223
Fax: 416-236-1809
136 Main St. South
Kenora, ON P9N 1S9
Phone: 1-807-456-7223
Fax: 416-236-1809
675 Cochrane Drive, #623A
East Tower, 6th Floor
Markham
ON L3R 0B8, Canada
Phone: 1-877-236-3060
Fax: 416-236-1809
675 Cochrane Drive, #623A
East Tower, 6th Floor
Markham
ON L3R 0B8, Canada
Phone: 1-877-236-3060
Fax: 416-236-1809