The Law Practice has a very flexible menu of services to suit your needs and budget. You can choose legal forms on their own or legal forms bundled with legal advice for a fixed fee. They also offer legal court coaching, if you wish to represent yourself or your company at a court hearing, but need some guidance and help on how to present you case professionally and effectively.
One of the other features that set us apart from almost every other law firm in Ontario is our Tailored' Legal Plan for subscribing clients, which guarantees fixed legal fees at roughly 50% of our normal fees. Think of it as affordable legal services, whenever you need it!
Wouldn't it be nice to consult a lawyer whenever you or your family encounters a legal issue, big or small? It's not only possible, it's now affordable with our "Advantage Legal Plan". As a member of the Plan, you can have a Lawyer look over important documents and contracts before you sign, or we may decide that a call or a letter written on your behalf will help bring resolution to your legal issue. Good legal advice should not be the preserve of the wealthy few. Now you can have a more level playing field when dealing with employers, insurance companies, government organizations as well as private individuals. Get our legal services plan and protect your business, yourself and your family in the event of unexpected legal problems or law suits. Contact us to learn more.
Our Advantage Legal Plan gives you the ability to get legal advice from a lawyer for up to 5 hours on legal matters covered by the Plan without worrying about legal fees. For one flat monthly fee, you can access legal advice, no matter how traumatic or minor the issue. Under the plan you receive 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 (reduced) legal fees after using up your five free hours, plus the ability to create your own customized legal documents in minutes (such as employment documents, Wills, POAs, complaint letters, contracts, etc.), anytime you like, with no restrictions--and at no extra cost. These are just some of the benefits of the Advantage Plan.
Limited Scope Legal Services/Retainers
In addition to the more traditional full service legal help, we also offer "limited scope legal services," in a form approved by the Law Society Rules. Our Limited scope legal services/retainers typically fall into one of three general categories:
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.
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:
REQUIREMENTS FOR AN ENFORCEABLE CONTRACT (A valid contract will generally satisfy these four requirements)
Equitable Remedies in contract:
When can you receive equitable relief?
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:
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.
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
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:
Watch the following videos to help us protect your rights if you have to sue the police (Canada & USA):
We provide professional advice and representation on a wide range of business and professional malpractices claims, including:
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:
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.
Click any one to learn more.
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.
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:
Looking for reliable, trustworthy legal advice that won't break the bank?
At Moores Law & Dispute Resolution Practice our goal is to provide you with a convenient, easy and affordable way to obtain legal services and documents on a wide-range of legal matters that affect individuals.