Current Area: Legal Services-> Civil

“ The bodies of Law within Canada or other nations that deals with your rights as a private individual, such as claims arising from personal injury, motor vehicle accident, breach of contract (including insurance contracts), wrongful dismissal from employment, disability benefits wrongfully denied and injunctions.”

Each day many Canadians are the victims of accidents, which, in most instances, are not their fault.  These victims, however, all suffer losses, occasionally very substantial losses including death.

Personal Injury

Personal injuries that result in damages to the victim, should be assessed to see if a civil lawsuit is appropriate to assist in recovering compensation for those damages suffered by the victim and dependents.

McPhadden, Samac, Merner, Barry has successfully represented many clients with respect to their personal injury claims.  If you have sustained a personal injury and you would like to know what remedies might exist whereby you can receive appropriate compensation, please contact us.

Medical Malpractice

Medical Malpractice involves civil proceedings against doctors and other health professionals, where a person suffers injury as a result of having received negligent medical care or services.  Successful medical malpractice actions involve the careful compellation of facts, planning, and use of medical experts.

McPadden, Samac, Merner, Barry has successfully represented hospitals and individuals in medical malpractice actions.  If you have suffered injury or harm as a result of negligence of a doctor or other health professional, and would like a consultation to determine your rights and legal remedies, please contact us.

Motor Vehicle Accident

Personal injuries are arising out of motor vehicle accidents are treated differently from other injuries by the law of Ontario.  Understanding Ontario’s no-fault Automobile Insurance Plan is essential if you are to know what benefits you are entitled to as a result of an injury sustained in a motor vehicle accident.  This “no-fault” legislation affects your right to seek damages from the individual who is responsible for the injury you have suffered.

If you have been involved in a motor vehicle accident and feel that you need advice on what your rights and remedies are, please contact us and we would be glad to help you with our service.

Commercial Litigation

Litigation can have a significant impact on a company's ability to achieve its business objectives. McPhadden, Samac, Merner, Barry assists companies involved in commercial litigation by ensuring a thorough assessment of their options are fully understood and matched to their expected goals. 

We have successfully represented companies with complex litigation and alternative dispute resolutions within the consumer products to financial services sectors.  Our expertise has helped our clients receive compensation for breach of contract, consumer fraud, corporate management and professional liabilities.  If you need representation for commercial litigation, please contact us and we can assist.

Wrongful Dismissal

Employers have accountability to their employees and in instances of dismissing their employees, there are specific principles that should be followed, otherwise the employer may be required to compensate the employee for wrongful dismissal.

In Canada there exists many instances where employees have successful won claims against their employers for wrongful dismissal.  In each instance, the monetary amounts vary on these type of claims, based on the employees years of service, age, job seniority, along with the terms of the wrongful dismissal.

If you believe you have been wrongfully dismissed from your employer, then you may be able to recover some amount of compensation that you are legally entitled to claim against your former employer.  Please contact us for further details.

Injunctions

Has a former employee taken a customer or client list and now using it to compete against your company? Has a former officer or director of your corporation taken advantage of a business opportunity that was about to come to fruition before they departed? Have you bought a corporation only to find the previous owner back in business and soliciting your customers?

There are times when drastic and dramatic action must be taken to protect or advance your legal interests. There are numerous remedies available to achieve these ends. One of the most effective is an injunction. An injunction is a court order that restrains someone from engaging in conduct that is or may cause you irreparable harm and for which a damages award would not be an adequate remedy. In appropriate circumstances, an order for injunctive relief can also require the other party to take positive action. Some forms of injunctions can be used to seize assets that are in danger of being removed from the jurisdiction or otherwise dissipated. Still other forms are available to have important documents obtained before they are destroyed or used to harm you.

We at McPhadden Samac Merner Barry have considerable experience with all types of injunctions and in both obtaining injunctions and defending injunction proceedings. Most importantly we are readily available to address those urgent circumstances in which the need for injunctions arise or where you are the subject of an injunction. Should you find yourself in such a situation, we will be there for you.

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