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The Commercial Mediation Act, 2010 (CMA) is celebrating its fifth anniversary of existence since being enacted on October 25, 2010. It is still early to gauge the extent of the business community's use of this piece of legislation, but there is no denying that Ontario now offers several advantages to mediating disputes under its laws. The stated purpose of the CMA is to facilitate the use of mediation to resolve commercial disputes. The term "commercial dispute" is very broadly defined as a dispute between parties relating to matters of a commercial nature and includes supply or exchange of goods or services, consulting, engineering, licensing, investment, financing, banking and insurance amongst other commercial matters. The CMA does not apply to, a mediation under or relating to the formation of a collective agreement; a computerized or other form of mediation in which the mediation is not conducted with an individual as the mediator; mediations governed by the mandatory mediation rule of the Rules of Civil Procedure; or attempts by judges or arbitrators during the course of a legal proceeding or arbitration to promote a settlement. The parties to a mediation of a commercial dispute may also agree not to have the CMA apply to a mediation. The CMA applies to commercial disputes in Ontario and those governed by Ontario law. It is therefore advisable when drafting any commercial agreements that the CMA be considered and specifically referenced in the dispute resolution provisions when selecting the governing law of any disputes relating to the agreement. The CMA not only establishes rules and procedures for commercial mediations in Ontario, but perhaps the most appealing aspect of the CMA is that parties who settle their dispute through mediation can register the settlement agreement with the court. Essentially, if a party to a signed agreement resulting from a mediation breaches or otherwise does not comply with the agreement, another party may apply to a judge of the Superior Court of Justice for judgment in the terms of the agreement; or apply to the Superior Court of Justice for an order authorizing the registration of the agreement with the court. On the filing of a true copy of the settlement agreement with the registrar pursuant to an order authorizing the registration of the agreement, the terms of the agreement can then be enforced through the court in the same manner as a judgment. During the course of a mediation under the CMA, the mediator may disclose to one party information received from the other party unless the mediator is expressly asked not to do so. The CMA also mandates that all information revealed in the mediation process be kept confidential as between the parties and the mediator unless (a) all the parties agree to the disclosure, the disclosure is required by law, the disclosure is required for the purposes of carrying out or enforcing a settlement agreement, the disclosure is required for a mediator to respond to a claim of misconduct; or the disclosure is required to protect the health or safety of any person. Much of the structure of the CMA is a formalization of practices being used by the legal community. However, Ontario now provides a structure for disagreements between commercial entities to be resolved through meaningful mediation and allows for parties to hold each other accountable for settlements. Prior to the enactment of the CMA, parties would have to rely on the Rules of Civil Procedure or Common Law remedies in order to obtain results in enforcing agreement. The enforcement provisions of the CMA should be seen as a useful tool for commercial parties in Ontario to abide by the old adage, "a deal is a deal."

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A Deal is a Deal for Commercial Disputes in Ontario - LCW Lawyers

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The Commercial Mediation Act, 2010 (CMA) is celebrating its fifth anniversary of existence since being enacted on October 25, 2010. It is still early to gauge the extent of the business community's use of this piece of legislation, but there is no denying that Ontario now offers several advantages to mediating disputes under its laws.

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How to mitigate risk when buying a home - LCW Lawyers

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Buying a home is a stressful and risky process, this feeling is heightened for first-time home buyers. Purchasing a home is a highly contracted process; risks lie in fees that you aren't legally required to pay and a potential misunderstanding of your legal rights or obligations.

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The criminal justice system in Ontario can be complex and confusing, especially for those charged with a criminal offense for the first time. Whether you're looking to be prepared in case you're charged or have been charged, this post will help guide you through the initial stages. For most offenses, especially serious offenses, the police will both arrest and charge you. If you are arrested, the police will read you your rights, and take you to the police station to be fingerprinted and photographed. You have a right to speak with a criminal lawyer And to receive legal advice. You should consult a criminal lawyer as soon as you are able to. In some circumstances, you will only be charged and not arrested. If so, you will be given a date to report to a police station for fingerprinting and photographing and a date to appear at court to set a trial date.

Ontario Criminal Offense Types

Summary offense:

Less serious

Trial will be in a provincial court before a judge (without a jury)

Indictable offense:

Serious crimes

Accused may be able to choose which court will hear the case, including whether there will be a jury

Bail in Ontario

Bail allows those charged and arrested to be released from police custody, usually by paying money as a deposit to the court and with certain conditions. Those detained for a criminal offence have a right to a bail hearing within one day. The judge at a bail hearing will consider many factors when deciding whether an individual is fit to be released from custody. These factors include the seriousness of the offence, past criminal records and whether or not the individual is a danger to the public. You should always be represented by a criminal defence lawyer at a bail hearing .

First Appearance Court

The "Crown" refers to the government lawyers who will prosecute criminal cases. It is the responsibility of the Crown to fulfill disclosure - the sharing of what information or evidence they will be using to prosecute your criminal case. Typically this is done at your first appearance in court. At the date of your first appearance in criminal court, the Court will have a docket that will list all the individuals required to attend that day and their charges. When your name is called, you will go to the front of the courtroom to address the judge or justice of the peace. You will be asked to confirm your name and if you understand what you are charged with. You will then be asked what you want to do with your case. From here, there are options about what happens next and each option will chart a different course for what happens after this first appearance in court. For example, you can tell the judge you're seeking more information from the Crown or that you'd like to have a trial (in which case a trial date will be set) or you tell the judge you plan to plead guilty to your charges. There are many factors and variables in every criminal offense charge, case and trial. You should receive advice from a criminal lawyer throughout the process to ensure you achieve the best possible outcome

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You've Been Charged With a Criminal Offense. Now What? - LCW Lawyers

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The criminal justice system in Ontario can be complex and confusing, especially for those charged with a criminal offense for the first time. Whether you're looking to be prepared in case you're charged or have been charged, this post will help guide you through the initial stages.

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If you've suffered an injury due to the wrong doing of another party, you may have grounds for a claim for damages. In Ontario courts, damages is usually a claim for money. Succumbing to a personal injury affects you both physically and financially and often emotionally. If this has happened to you or you feel that the compensation offered through insurance is insufficient, you need to hire a personal injury lawyer to fight for the compensation that you deserve. There are a wide variety of types of personal injury claims and it is important to be aware of the most common:

Car Accidents

Car accidents are a common cause for personal injury compensation claims . Though all drivers in Ontario are required to carry auto insurance for their vehicle, this insurance may only initially cover damage to your vehicle. If you're badly injured and another driver was at fault, you may require a personal injury lawyer to sue additional compensation. There are many different types of wrongful acts that can lead to a car accident, including: speeding, distracted driving, failure to stop and driving under the influence. If you feel you have not been adequately compensated, talk to a personal injury lawyer as soon as possible.

Medical Malpractice

Medical malpractice claims result from an injury suffered while under the care of a health professional, such as a doctor or nurse. These claims can be complex and you should speak with a lawyer with experience in medical malpractice claims if you believe you have suffered an injury during medical treatment. Some examples of medical malpractice are: mistakes in treatment; improper diagnosis; treatment against a patient's wishes.

Slip and Fall

A slip and fall can result in long-term or serious injury. In Ontario, property owners must maintain property that is accessible to the public. If they do not, they are liable to a personal injury compensation claim. Slip and fall accidents can result from: snow or ice buildup on sidewalks, poor lighting, uneven or cracked pavement, broken handrails and sinkholes. No matter whether the property owner is a homeowner, business owner or the local government, they're liable for injuries caused by failing to properly maintain and safeguard their property.

Dog owners are responsible for injuries inflicted by their dogs. These injuries can be physical, mental or psychological. It is important for you to identify the dog's owner and to seek medical attention as soon as possible following a dog bite. The dog owner may be subject to criminal or by-law violations, but they are also liable for your personal injury compensation. If you believe you've suffered a personal injury due to the wrongful acts of another party, contact the experienced injury law team at Chown Cairns. Their local Niagara lawyers have a wide array of experience and expertise when it comes to personal injury compensation claims.

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Types of Personal Injury Claims - LCW Lawyers

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If you've suffered an injury due to the wrong doing of another party, you may have grounds for a claim for damages. In Ontario courts, damages is usually a claim for money. Succumbing to a personal injury affects you both physically and financially and often emotionally.

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The process of separation is emotionally charged and often feels overwhelming for families. In the course of negotiating a separation agreement, you may need to deal with a number of legal issues including parenting arrangements, spousal and child support claims, insurance provisions and property division.

Once you have chosen the lawyer you will work with, how do you prepare for your first meeting with your Niagara family law lawyer? What should you bring to your appointment, what information should you be prepared to provide and what questions should you ask?

Compile important information about your situation

In order to compile your case and provide legal advice, your family lawyer will need to know specific details about your situation.

Income and Expenses

It will assist your lawyer to know your income and the income of your spouse over the past three years and to provide information about your monthly expenses and financial needs.

Assets and Debts

You should be ready to discuss the assets and debts that you have and that you share with your spouse. These assets may include real estate, personal property (contents of your home, vehicles etc.), bank accounts and retirement funds. You should also prepare a list of your liabilities such as mortgages, lines of credit, loans and credit cards.

Marital and Family History

It will help your family lawyer if you have prepared a summary of your marital and family history. The summary would cover information about you, your spouse, your marriage or common law relationship, you children, your employment and the employment of your spouse, and the education and work experience of both of you during the relationship.

Be Prepared to Discuss

What arrangements should be made for your children?

who will your children live with, what time will they spend with each parent, how will important decisions be made for the children, who pays child support and what support should be paid?

What are my needs?

what are my financial needs, do I want to stay in the family home, what assets do I want to retain, what debts will I be responsible for?

What will be the biggest issues that you and your spouse must sort out?

Does my spouse have a lawyer, will my spouse be prepared to negotiate a separation agreement or do we have to go to court?

Questions to ask your Niagara Family Lawyer

What is the best process for me and what is the estimate time this will take? What is the difference between a separation agreement and a court order? What resource are available to help me through my case? Are there things I can do to protect myself and to assist with my case? What are the likely costs of my case and will my spouse pay any of my legal costs?

The Family Law lawyers at Lancaster Chown & Welch in Niagara can assist you with their extensive experience and effective representation.

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How to prepare to meet with a Family Law lawyer in Niagara - LCW Lawyers

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The process of separation is emotionally charged and often feels overwhelming for families. In the course of negotiating a separation agreement, you may need to deal with a number of legal issues including parenting arrangements, spousal and child support claims, insurance provisions and property division.

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Here's why you need a will in place - LCW Lawyers

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Regardless of your stage of life, you should be considering estate planning measures. While planning for your death is an uncomfortable topic, ensuring that your estate is taken care of can relieve potential financial, administrative and legal consequences for your family or loved ones. A will allows you to control the disposition of your assets.

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Real estate purchases are often one of the most expensive transactions someone will make throughout the duration of their life. Due to this fact, it is not always an easy process and can be intimidating for those who are purchasing a home.

One of the most important things you can do to protect yourself financially is to have a professional home inspection completed on the property.

You should consider a professional home inspection whether you are buying, selling, or remortgaging your home. All of these transactions rely on the market and the condition of your home, something that is not always what it appears to the untrained eye.

Here are some of the reasons why a professional home inspection may be the best decision you make.

Protecting Your Real Estate Purchase

If you are ready to purchase a home, it is likely that you have been saving for many years and have worked hard to get your finances in order. That's why it is extremely important to make sure you get the most for your hard-earned money and have a professional home inspection completed before you sign the papers.

Lower Your Risk For Unexpected Repairs and Surprises

A home inspection will uncover some of the unexpected issues and necessary repairs that you may need to make either now or further down the road. This will also increase buyer confidence if you are selling your home, as potential buyers are more likely to be willing to make the purchase if they know that they won't be sinking a significant amount of money into those unexpected repairs.

A More Accurate Value For Your Home

If you are planning on selling or remortgaging your home it is important to have an accurate valuation of what you will realistically be able to get. Many mortgage companies might even ask you to provide details of this inspection to take into consideration. The inspection could reveal damages that bring down the total value of your property, which could disrupt your plans, or it could indicate a higher value if your assets are in good condition. From a buyers perspective, an inspection report can provide leverage in your price negotiation.

Hire a Real Estate Lawyer to Make a Confident Decision

When you are buying or selling a home, the real estate lawyers at LCW will help make sure you are protected throughout the transaction. They are highly experienced and provide the guidance required to protect you from costly mistakes. Do not take a chance on your future, and make sure that this major transaction is in the best hands possible.

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Why you should consider a professional home inspection - LCW Lawyers

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Real estate purchases are often one of the most expensive transactions someone will make throughout the duration of their life. Due to this fact, it is not always an easy process and can be intimidating for those who are purchasing a home.

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If you were to ask a millennial to make a list of their life plans or priorities, it would likely include such things as educational and career accomplishments, vacation experiences and building relationships. Graduating, landing their desired job, paying off their debts, buying a home and traveling are likely to be high on that list. Estate planning, on the other hand, is likely to be near the very bottom, if it were to appear at all. This is unsurprising, given that the millennial generation is experiencing a delayed path to achieving traditional life milestones, and thus, in many cases, significant asset accumulation. However, a lack of emphasis on the importance of estate planning, and a lack of knowledge of the many benefits that can be gained from setting up an estate plan are likely also contributing factors.

What Happens if You Don't Have a Will?

For one, Part II of Ontario's Succession Law Reform Act, which governs how your assets are distributed if you die "intestate" (without a Last Will), provides a very rigid formula that is based on traditional societal values. These rules can be summarized as follows:

1. If the Deceased has a spouse (common law spouses are not included) and no issue, the spouse is entitled to the entirety of the estate.

2. If the Deceased has a spouse and issue, the spouse is entitled to the first $200,000.00 of the estate, and the remainder is divided evenly between the spouse and any issue.

3. If the Deceased has no spouse and no issue, the estate goes to the Deceased's surviving parents, equally.

4. If there are no surviving parents, the estate goes to the Deceased's siblings equally (and if a sibling has predeceased, that sibling's share goes to their respective children).

5. If there are no siblings, the estate goes to the Deceased's nephews and nieces equally.

6. If there are no nephews or nieces, the estate goes to the next of kin of equal degree of consanguinity.

7. If there are no next of kin, the estate escheats to the Crown.

When you begin to apply these rules, it becomes clear that for many millennials relying on the rules of intestacy means having their estate divided in a way that does not accord with their wishes. For example, the millennial generation are proving to get married later in life, and less frequently. Yet, unless you're married, if you die without a Will your spouse will get nothing. Further, regardless of your marital status, creating an estate plan allows you to make specific bequests of your assets - of both sentimental and financial value - to the family, friends, and/or charities of your choosing.
Advantages of Estate Planning

Another advantage of creating an estate plan is that it provides you with the opportunity to plan for times of incapacity. As young, healthy individuals, living busy lives, incapacity is likely far from the front of the mind for many millennials. However, as unfortunate as it may be, accidents or unexpected illness can occur at any time. As a generation that is taking time to travel, adventure, and explore the world before entering the job market, creating a power of attorney allows you to appoint someone to care for both you and your affairs in the event that such an event were to occur. Lastly, for a generation that is increasingly tech-savvy and active on social media, creating an estate plan is uniquely valuable because it allows you to document your intentions with respect your digital assets. In your Will, you can outline who is entitled to receive any online assets that have financial value - like Paypal accounts or loyalty rewards programs - and also how those digital assets with personal or sentimental value - like Facebook or Instagram - are to be managed and by whom. Stating your wishes in this regard can help to instruct someone who otherwise may not know how to access your accounts, and also works to eliminate conflicts that might otherwise arise among family members who disagree on how to manage them. Understandably, setting up an estate plan is not naturally priority number one for the millennial generation. However, with an aging population, it is inevitable that there will be a significant wealth transfer between baby boomers and millennials for years to come. Thus, while this article provides just a few examples of the benefits of creating an estate plan for the millennial generation, the importance of doing so is only going to increase rapidly over time.

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The Importance of Estate Planning for the Millennial Generation - LCW Lawyers

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If you were to ask a millennial to make a list of their life plans or priorities, it would likely include such things as educational and career accomplishments, vacation experiences and building relationships. Graduating, landing their desired job, paying off their debts, buying a home and traveling are likely to be high on that list.

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If you have recently been fired or feel you are experiencing discrimination in your workplace, you may need to want to seek advisement from an employment lawyer.

Common employment matters that benefit from the advice of a lawyer include wrongful dismissals, terminations, severance package reviews and discrimination cases.

If one of the above employment matters is currently affecting you, solicit the advice of a lawyer.

Ontario Employee Protections

In Ontario, you are protected under two set of laws: the Employment Standards Act of Ontario and the common law. There are standard provisions that an employee must be given under law but there may be other entitlements that only expert legal advisement can unearth.

Wrongful Dismissal

How do you know if you have a case for wrongful dismissal? Under Ontario employment law, firing an employee without 'reason' or 'cause' is not considered wrongful dismissal. Employers are only required to provide reasonable notice and, potentially, severance pay. If you feel that your employer failed to provide reasonable notice of termination, you may have a case for wrongful dismissal and should seek the advice of a lawyer.

Severance Package Reviews

Upon dismissal, you should be provided with a severance or termination package from your employer. Without the guarantee of a new position in the near future, it is important to ensure that your severance or termination package is the best it can be. Have an employment lawyer review the package to determine if it is fair or not. Under the common law, many employees are likely entitled to more than the statutory minimums outlined in the Employment Standards Act.

Age or Sexual Discrimination

If you have been sexually discriminated against in your workplace or have been discriminated against because of your age, you should seek the legal advice of an employment lawyer. You are legally protected under the Ontario Human Rights Code that your employer cannot make employment decisions based on the grounds of sex or age. A lawyer will be able to assist in filing a human rights complaint.

Hire an Employment Lawyer

The employment lawyers at LCW have experience in finding resolutions to employment and labour related disputes. Book a consultation with one of our Niagara employment lawyers to have your employment matter reviewed.

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When employees should hire an employment lawyer - LCW Lawyers

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If you have recently been fired or feel you are experiencing discrimination in your workplace, you may need to want to seek advisement from an employment lawyer. Common employment matters that benefit from the advice of a lawyer include wrongful dismissals, terminations, severance package reviews and discrimination cases.

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It is with tremendous excitement that we announce that two of Niagara's oldest and most prestigious Law Firms are joining ranks to gain strength with combined talents and synergies to better position ourselves for important legal service to Niagara residents.

The partners of Lancaster Brooks & Welch LLP and Chown Cairns LLP have agreed to become Lancaster Chown & Welch LLP effective January 1, 2022, which starts our 140th year offering legal advice in Niagara.

Client focused and future driven, our goals include exploring and expanding our legal practice offerings and attracting talented young associate lawyers and legal staff, while responding to our clients' needs in dynamic new ways.
"This merger enables exciting opportunities for us to expand our legal services that will benefit our clients for decades Michael Mann - Senior Partner Lancaster Brooks & Welch LLP to come". Clients can expect from Lancaster Chown & Welch a meaningful experience with the knowledge and confidence that we put their needs first. Our track record of success includes service, experience, personal attention, advocacy, and trust." Roseanne Trivieri - Senior Partner Chown Cairns LLP
In the coming weeks there will be many more details to share as we move toward merging our two Firms. Until January 1 st, 2022, we will operate as separate firms.

We remain committed to serving this great region with sound legal advice. Inquiries about the merger may be directed to gadam@lbwlawyers.com or veronicas@chownlaw.com.

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Chown Cairns LLP and Lancaster Brooks & Welch LLP to merge January 1, 2022 - LCW Lawyers

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It is with tremendous excitement that we announce that two of Niagara's oldest and most prestigious Law Firms are joining ranks to gain strength with combined talents and synergies to better position ourselves for important legal service to Niagara residents.