FAQ

After retaining GB Law as your legal representative, you generally don't need to personally attend court, with a few notable exceptions.

For many preliminary hearings, after filing a Designation of Counsel document, we can represent you. However, there are instances where your presence is required, such as during jury selection, when a witness gives oral evidence, trial proceedings, entering a guilty plea, sentencing, and if the court orders your appearance.

We'll inform you beforehand and make arrangements to ensure your readiness if your physical presence is necessary in court.

In the event of your arrest or criminal charges, it's crucial to remember that the Charter of Rights guarantees you certain rights. These encompass the right to remain silent, the right to legal counsel, and the presumption of innocence. Consequently, if you find yourself arrested or facing charges, request the presence of your lawyer and refrain from speaking until their arrival for legal guidance. While law enforcement can interrogate you, you possess the right to decline answering their inquiries.

Whenever approached by the police for questioning, it's crucial to recognize that your statements can potentially be used to construct a case against you. Even a single misguided word could exacerbate your situation. This underscores the importance of promptly seeking guidance from a seasoned criminal defence attorney whenever the police wish to engage with you. An adept criminal lawyer can even manage interactions with law enforcement on your behalf, safeguarding you from any potential allegations. Should you find yourself facing legal issues with the police, don't hesitate to reach out to our team.

Determining the time and cost involved in your case is a complex matter that depends on individual circumstances. Each case is unique and demands varying time commitments due to the specifics of the charges and the related investigation. For instance, a minor shoplifting case would naturally require less time than a case involving a year-long murder investigation with extensive police involvement.

At our firm, we offer two billing options for clients. Upon accepting your case, we present you with either a 'block fee' estimate or an hourly rate, both of which entail an initial retainer. This retainer is securely held in trust by us.

The block fee covers various aspects of the criminal law process up to a predetermined point, encompassing court appearances, disclosure review, additional disclosure requests, meetings with the Crown, and interactions with the Judge. The fee is influenced by factors such as the anticipated number of court appearances, the volume of disclosure, and the expected meetings with the Crown and Judge. For a trial, a separate retainer may be necessary, outlining the trial costs, usually calculated on a per-day basis at the lawyer's daily rate.

Many clients prefer the predictability of block fees, as they allow for manageable, interest-free partial payments over time. This approach helps you plan and budget with clarity.

Alternatively, an 'hourly rate' fee structure is based on the actual time your chosen lawyer spends on your case, with costs charged to your trust funds as the work is completed.

Regardless of your choice, we ensure complete transparency regarding fees during the initial consultation and retainer stage, so you're fully aware of the financial expectations from the outset.

In order to maximize the productivity of your initial consultation with your lawyer, it's essential to engage in thorough preparation. Here's a checklist outlining key actions you should take and items to bring to your first meeting:

• Gather all relevant documents associated with your case
• Compile a comprehensive list of potential witnesses, including their contact details
• Draft a detailed account of the incident in question, along with the context leading up to it
• Jot down any inquiries you wish to ask

It doesn’t cost you a thing, we operate on a contingency fee basis. Under this arrangement, there is no requirement for you to provide any fees upfront. Instead, a fee is assessed solely upon the resolution of your case through settlement or a successful trial outcome. The exact percentage of this fee is determined and agreed upon by all parties involved when the retainer agreement is formally executed.

If you find yourself in a conflict with your employer, facing an unjust termination, experiencing unfair treatment, coerced into signing agreements against your wishes, subjected to dismissal, offered a severance package, or encountering situations where your rights seem to be disregarded or unjustly contested, please contact our team as we’re here to help.

Determining the answer to this question involves considering various factors. For instance, while you might be entitled to severance pay upon being terminated, such compensation might not be granted if your termination resulted from verified misconduct. To obtain a more precise response, we suggest consulting our team, who can analyze your individual situation.

The figures outlined in the Employment Standards Act represent the absolute minimum. In most cases, you are entitled to greater compensation. Determining the suitable amount for your wrongful dismissal case involves numerous considerations. It's essential to seek guidance from a lawyer well-versed in wrongful dismissal matters who can assess whether the offered amount is just and appropriate.

Initially, seek counsel from a lawyer with expertise in wrongful dismissal law. If you are unjustly accused of misconduct, it might be wise to contest the allegation before any decision for your departure is made. In the event of a layoff unrelated to your performance, we can provide guidance on your rights and assist you in navigating the optimal approach to handle the circumstances.

The calculation of severance pay in Ontario is regulated by both the Employment Standards Act (ESA) and common law principles. While eligibility for severance pay involves additional factors, it's advisable to consult an employment lawyer when presented with a severance package. Aspects like your age, job prospects, tenure with your current employer, and more are taken into account when evaluating your entitlement to severance pay.

In the event that you have children, your Will presents an avenue to designate a Guardian. What some might overlook is that the chosen Guardian is required to initiate a formal application with the Court within 90 days to secure official approval. Should the designated Guardian be deemed unsuitable, the Court holds the authority to override the choice and appoint an alternative Guardian. Although the Court possesses this authority, the Will holds significant value as a clear expression of your preferences, carrying substantial influence. The role of a Guardian encompasses the responsibility for the child's well-being as well as the management of their property.

In the absence of a will, referred to as dying intestate, the disposition of your estate will adhere to the guidelines set forth in the Succession Law Reform Act (SLRA). If you are married and childless, your spouse will inherit your property. Conversely, if you're in a common-law relationship without marriage, your partner won't inherit your property automatically, but they might have grounds to make a support claim against the estate.

In the situation of dying intestate with a spouse and children, the SLRA outlines that the surviving spouse receives a preferential share, while the remaining assets are divided between the spouse and children. When there's no spouse or children, the estate passes to the deceased's parents. If the parents aren't living, the estate is equally shared among siblings.

In cases where siblings have already passed away, their share is divided equally among their own children. In instances where there is no spouse, heirs, or close relatives, the property reverts to the Crown through escheat, signifying that the government becomes the recipient of the estate's assets.

No, undergoing a separation from your spouse does not affect your will. Even if you pass away during the separation period, your spouse may still be entitled to inherit based on the existing will. However, it is crucial to create a new will after the separation to reflect any changes in your wishes and circumstances.

Marriage can revoke a previous will unless the possibility of marriage was accounted for. To ensure this, your will should contain a statement acknowledging the potential future marriage and the name of your intended spouse. Failing to update your will after marriage and subsequently passing away would result in intestacy. In this scenario, the distribution of your estate would be governed by Ontario's Succession Law Reform Act.

Both of these legal documents are crafted to reflect your intentions regarding your assets, belongings, and loved ones. Power of Attorney pertains to upholding your desires while you are alive up until your passing. On the other hand, your will pertains to the arrangements after your demise.