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PERSONAL INJURY

Whether you have slipped or fallen, been in a car accident, been hurt by somebody or something it is in your interest to be informed.

SEXUAL ASSAULT

There are many options available to a survivor, and hiring the right lawyer is crucial. Mr. Millar is a formidable advocate.

CRIMINAL DEFENSE

The terror of losing one’s job, ruining a life’s reputation and the implications of a tough sentence can be terrifying. We’re here to help.

VICTIMS RIGHTS

Far too often, Victims do not have access to the resources they need. Allow us to aid you in getting counselling and support.

ABOUT US

We are proud to have won many cases other lawyers said were unwinnable.

For many years, Millars Law has been defending the legal rights of citizens throughout southwestern Ontario.

In our pursuit of justice and our dedication to Victims Rights, we have successfully pursued cases against Canada’s top institutions including major Universities, the Department of National Defense, The Roman Catholic Church and many more. In addition, we have gone to Ontario’s top court and successfully won landmark decisions.

From our offices in London and Sarnia, Ontario, we have become the go-to law firm for clients in both cities, as well as the rest of southwestern Ontario.

To read about our biggest success stories

MILLARS LAW TEAM

Our firm is comprised of two of the foremost Criminal Defense and Personal Injury lawyers in the nation, Phillip Millar and Nick Cake.

Phillip Millar

As a former Combat Officer, Phillip brings a refreshing approach to legal services. He served his country for over a decade and experienced battle firsthand. As a result, Phillip does not shy away from conflict when necessary and excels at defending his clients in high stakes scenarios.

Phillip has appeared at all levels of court including the Ontario Court of Appeal. He firmly believes in providing his clients with wise counsel, not incentives to spend more on legal fees.

Among Phillip’s many victories have been landmark courtcase decisions on behalf of sexual assault victims. He has also won important cases for the wrongfully accused as well as serious accident victims throughout London and Sarnia, Ontario.

What makes Phillip a fighter is that he is not a paper tiger. His adversaries know this or will soon find out.

In addition to his reputation as a top defender and advocate for Victims Rights, Phillip is a sought after commentator on news programs and has contributed his vast knowledge and experience to several articles and media outlets. He has also written a book filled with invaluable advice for anyone choosing a lawyer.

Download Phillip’s free book, “5 Ways to Have the Upper Hand When Hiring a Lawyer”

Book a Consult with Phil

Book a Consult with Nick

Nick Cake

Nick Cake works as part of an elite Criminal Defense team at Millars Law in London, Ontario and serves a wide region that includes London, Sarnia, Chatham, St Thomas and Stratford.  The Millars Law Criminal Defense team is made up of former Assistant Crown Attorneys who combine their expertise to ensure each file gets the best defense possible in Southwestern Ontario.

Nick Cake is a former assistant to the Crown Attorney and no stranger to the courtroom.  As an Ex-Prosecutor he is fearless when dealing with his old colleagues.  His knowledge of their strategies and vulnerabilities means nothing gets in the way of ensuring you get the best defense possible.

You need a lawyer who is aggressive in the courtroom and who also has the capacity to argue complex Charter of Rights Applications.  Nick is that lawyer.

He knows exactly what the Crown is going to argue and he knows exactly how to respond in order to get you the acquittal you need to protect your family, your career and your reputation.

Nick is passionate about the law and enjoys attending top level criminal defense seminars to stay ahead of the competition and prosecution. Nick understands that hiring the right lawyer when you are charged with a criminal or regulatory offence, will be one of the most important decisions of your life. That is why he will do everything in his power, and more, to make sure you are impeccably represented.

Melissa Scott

Millars Law is very fortunate to have Melissa Scott on its roster.  Melissa possesses an unusual combination of kindness and savvy.  She is a formidable negotiator who defeats her opponents with a warm smile and incomparable resilience.  Melissa is fearless and has appeared in many of Ontario’s courts where she has argued against the old guard and always persuaded them to take her side.

When Melissa talks, people listen.

Melissa received her legal education in the US and brings to Canada a vigorous approach to advocacy. Do not underestimate her calm voice and pleasant demeanour. Her mind and methods of preparation are overwhelmingly effective.

Book a Consult with Melissa

Book a Consult with Jennesa Plaine

Jennesa Plaine

Jennesa Plaine brings a fearless approach to defending your rights when facing a criminal charge.  She is no stranger to a challenge and will passionately advocate on your behalf.

Jennesa brings her skilled representation of clients from the earliest stages of the criminal process.  She will work tirelessly and leave no stone unturned to ensure you receive the best legal defence possible.

As a former prosecutor, Jennesa has experience on both sides of the courtroom and understands how cases progress from the moment of arrest to the end of a trial.  Jennesa cut her teeth in a fast-paced legal clinic in the heart of Saskatoon, providing representation to those charged with all kinds of criminal offences.

While in Saskatoon, Jennesa developed a strong passion advocating for rights of those accused of a crime.  She knows that being charged with a criminal offence is one of the most stressful and confusing times in your life.

Jennesa is a lawyer dedicated to protecting your rights, she brings an excellent record of success to help defend your criminal charge.  With Jennesa you are not alone – she will help and support you through the complexities of the court process.

Download Phillip’s free book, “5 Ways to Have the Upper Hand When Hiring a Lawyer”

Phillip P. Dinis

Phillip brings the requisite skills and attitude to fit into our Special Forces legal team.  He has a law enforcement background coupled with a desire to defend those in need of protection.  While in law school, Phillip realized how his skills could be used to help those on the wrong side of a power imbalance and he committed himself to a life few could handle.

Phillip spent considerable time working in the Veterans Law clinic in Detroit. Having cut his teeth in the brutal urban Detroit arena, Phillip moved to  Toronto and built out his armory working for one of Toronto’s top criminal defence lawyers. Alan Gold’s office is known as one of the most demanding and detailed law practices in the country.

Needless to say, Phillip was pushed to his limits fighting for every inch of advantage on the cases coming into the office

At Millars, Phillip realized it was deliberate preparation, comprehensive understanding of the case law and attention to detail that are crucial facets to winning cases.

The combined experiences coupled with his law enforcement background makes Phillip a formidable lawyer capable of dynamic defences. Phillip’s ability to understand the law and apply it to real-world circumstances in a strategic manner is his most substantial legal assets.

Download Phillip’s free book, “5 Ways to Have the Upper Hand When Hiring a Lawyer”

Book a Consult with Phillip Dinis

How We Work

Millars Law is driven by a commitment to EXCELLENCE and EMPATHY.

When you need a lawyer, you need peace of mind. This comes from knowing that someone skilled and trustworthy is on your side and defending your interests.

We recognize that the “client” is the business. If our client isn’t happy, well informed, or satisfied, then we haven’t done our job.

Choose to work with us because we care and we will advocate in your interests while exceeding expectations.

Our goal is to redefine how lawyers are perceived and reinvent the concept of legal services.

At Millars Law, we promise to:

Return phone calls within one business day… guaranteed.
Make every effort to settle your matter as soon as possible.
Clarify the bill before we start working, no more surprises.
Not charge for every phone call or email. Instead we create value for service with block fee structures defined in advance.
Put our client’s needs first.

TESTIMONIALS

PERSONAL INJURY

Whether you have slipped or fallen, been in a car accident, been hurt by somebody or something it is in your interest to be informed.

We have the legal and medical knowledge to help. Some injuries manifest themselves into very serious ailments months after the accident. Do not sign away your claim to compensation.

As a former Combat Officer, Phillip Millar brings a refreshing approach to law. He served his country for over a decade and experienced battle firsthand overseas. As a result, Phillip does not shy away from conflict when necessary and excels at defending his clients in high stakes scenarios.

Phillip has appeared at all levels of court including the Ontario Court of Appeal. He firmly believes in providing his clients with wise counsel, not incentives to spend more on legal fees.

Among Phillip’s many victories have been landmark court decisions on behalf of sexual assault victims. He has also won important cases for the wrongfully accused as well as serious accident victims throughout London and Sarnia, Ontario.

Very few lawyers get actual trial experience these days.  In order to get the best settlement you need a lawyer with a proven track record of winning in Court…. in Trial.  Paper tigers are not good enough to get you what you deserve.  The insurance companies know who has the character and courage to take them to trial and factor this into their settlement offers.

Phillip is  sought after for his legal commentary on high profile cases and can often be seen or heard on TV and radio.  In a world of too much information and confusing marketing messages, Phillip has tried to even the scales by writing an e-book filled with invaluable advice for anyone choosing a lawyer.  Why?  Because it is likely the most important decision of your life.

You must be able to trust your lawyer explicitly and a billboard advertisement saying a lawyer works in your city when in fact they are actually located hundreds of miles away is not a reliable first step to building trust.  Phillip is pleased to have a no pressure discussion with you about your case at any time.  You need this important knowledge to make the right decision about your case; so that you…. and your family… and your future, are protected.

If you live in London, Sarnia or anywhere else in southwestern Ontario and your quality of life has been affected in any way through no fault of your own, Contact Us today.

I have been involved in a motor vehicle accident (“MVA”). Who should I report it to?

Report the accident to your insurance company as soon as possible after the accident. Call your agent, your broker, or the insurance company claims line. You should report the accident to the police or attend at the Collision Reporting Centre at 1001 Brydges Street. More information on the CRC can be found here:

www.police.london.ca

I have sustained personal injuries from an MVA. What claim can I make for compensation for my injuries and loss?

There are generally two separate claims that arise from an MVA. The first is a claim for Statutory Accident Benefits that are provided by an auto insurer. Ontario has a no-fault insurance system, and in most MVAs the accident benefits are provided by your own auto insurer. The second claim is made against any party whose negligence may have caused or contributed to the accident. This is known as the tort claim. Most often the tort claim is made against the driver and owner of the other vehicle(s) involved in the accident.

If I don’t have auto insurance can I still make a claim for accident benefits?

Yes, you still have access to accident benefits even if you, yourself, do not have auto insurance. You may be able to make a claim under the insurance policy of the driver of the car you were in, the driver of the other vehicle, or the Motor Vehicle Accident Claims Fund.

What accident benefits are available?

Accident benefits are usually available to anybody injured in an MVA, whether they are a driver, passenger or pedestrian. An application for accident benefits should be submitted as soon as possible following a car accident to the appropriate insurance company. People injured in an MVA which occurred after September 1st, 2010 may be entitled to receive the following benefits:

  • Income Replacement Benefits help to replace lost income if you are employed or self-employed, and if you are not able to perform the essential tasks of your employment. You can receive up to $400 per week or 80% of your net pay for up to 104 weeks. You will receive no IRB for the first week after the accident. After 104 weeks you might continue to receive IRBs as long as you are not able to work at any occupation for which you are reasonably suited by education, training or experience. Note that you may elect to purchase additional coverage from your insurer (optional benefits) which increases the IRB amount to up to $1,000 per week.
  • Caregiver benefits are available to cover costs of personal care, housekeeping and/or home maintenance. Under a standard policy these benefits are only available to people who have suffered a “catastrophic impairment”. You may purchase optional coverage for these benefits.
  • Medical and Rehabilitation Benefits pay for treatment and rehabilitation assistance that is not covered by OHIP or any health insurance plan from your employment. If your injury falls within the “Minor Injuries Guideline” (which includes most minor whiplash-type injuries), you can receive up to $3,500 for the cost of medical rehabilitation treatment including treatment by a physiotherapist, occupational therapist, chiropractor, or massage therapist. If your injuries are more serious you may receive up to $50,000 for up to 10 years for a non-catastrophic injury, and up to $1,000,000 for the rest of your life in the case of a catastrophic injury.
  • Other Benefits include dependent care, death and funeral expenses, and possibly indexing the amount of benefits. Review your policy of insurance or contact your insurance broker, agent or company if you want to understand your specific coverage and the optional benefits available.

CRIMINAL DEFENSE

Who you choose to defend you will be one of the most important decisions of your life.

The terror of losing one’s job, ruining a life’s reputation, dealing with family and friends and the implications of a tough sentence if convicted require the immediate assistance of a professional who can fix your life, give it back to you with the least possible disturbance.

The criminal justice system is merciless and navigating it without a fierce advocate can be the most expensive mistake of your life.

The police and the prosecutors have all of the power… your interests need to be protected, and your rights guarded.

Who you choose to defend you will be one of most important decisions of your life.

As a former combat officer, and prosecutor (Assistant Crown Attorney) Phillip Millar is uniquely qualified to fight for your life. He will not take the easy way out, or back down in the face of a tough case. Phillip Millar will stand for you.

Phil Millar has successfully defended all types of cases from impaired charges, fraud, unwarranted domestic assault claims, all the way up to First Degree Murder.

He has appeared in Ontario’s highest court and regularly featured on TV and radio discussing the provinces biggest cases.

He knows firsthand as a past Assistant Crown Attorney how the system is tilted in favour of the prosecution. As a prosecutor he lived the system and successfully argued difficult cases. Phillip will balance the scales with his capacity and willingness to do battle for you.

He will serve your interest with vigour, dedication and integrity.

You can rely on Phillip Millar’s passion and specialist training received in the military: Psychological Operations, Advanced Reconnaissance, Advanced Tactics and Strategic Planning, Advanced Negotiations, Information Warfare. Add to this repertoire a Masters degree in Conflict Resolution and you have hired a warrior who thrives in the midst of courtroom battles but has the specialist training to resolve matters before they get to trial.

Nowhere will you find a criminal defense lawyer with the unique background Phillip brings to the arena.

He has served his country in hostile missions overseas, been tested under fire, led fierce men into dangerous situations and sacrificed comfort and convenience in order to achieve the mission.

Download Phillip’s free book, “10 Things you Must Know When You Speak to the Police”

FAMILY LAW

At Millars Law we will do everything in our power to resolve your family law matter quickly and effectively, keeping your money in your pocket.

faded 2Jennesa has experience in all family law matters following the end of a relationship, including the division of assets, spousal and child support, and child custody and access. Don’t let your ex-spouse deny you the right to access your children or your property.

Every family law case is different. It is essential that your family lawyer can assess the specifics of your matter and develop the best strategy for successful solutions. High conflict circumstances require aggressive advocacy both inside the courtroom and while engaging with the other side. In these cases, it is imperative that a forceful and robust approach is used to ensure that your rights are fully protected. In other cases, a more timely resolution is possible through strategic negotiation to ensure your matter does not unnecessarily stall in the family courts for years.

Jennesa is acutely aware that the breakdown of a relationship is commonly the must trying time in a client’s life. Dealing with your family matter can be intimidating and confusing. In some cases, the ex-spouse may be keeping the client’s children from them or holding their personal property hostage. Jennesa ensures that all of her clients fully understand their rights in their family law matter and looks for ways to build the client’s confidence moving forward.

At Millars Law, we believe that the client should always be in a position to make well-informed decisions with an appreciation for all of their options.

Our family law department offers FREE consultations, where we can provide an early assessment of your needs and goals and provide an effective strategy moving forward. Jennesa Plaine ensures that your matter will advance with a strong plan for success.

Jennesa is a lawyer dedicated to protecting your rights; she brings an excellent record of success to help you with your family matter. With Jennesa you are not alone – she will help and support you through the complexities of your case.

We offer a 20% reduction to our members of the Armed Forces and Veterans who serve our country and who suffer in our family courts without strong advocacy.

If you or someone you care about is about to get separated, the smart thing to do is get good advice early. Do not wait for a blow up that will threaten everything that you have worked hard to earn. Contact Millars Law Today for your FREE consultation.

FAQ's

How We Work

Do you see clients after hours?

Yes. This can be made on a case by case basis.

Can we meet at another location outside your office?

Yes. We can arrange meetings at the courthouse or a local coffee shop from time to time.

How long will it take for you to return my call?

Calls are returned as soon as possible, or within 24 hours.

What are my billing options?

We can do upfront billing or a flat fee to avoid unnecessary delay (we don’t publish hourly rates).

How are fees paid?

Fees can be paid by phone or in person.

Do you do telephone consultations?

Telephone consults can be arranged.

What is your office schedule?

9-5 , Monday-Friday.

Do you take legal aid files

Yes.

Can you provide second opinions?

Yes, we can.

How do I know I can trust you?

Phillip Millar is a veteran of the Canadian Forces and former officer. His integrity was forged in the fires of adversity and his honour and dedication to his clients is unquestioned. All the staff at Millars Law subscribe to the same principles of putting the client first.

Personal Injury

I have been involved in a motor vehicle accident (“MVA”). Who should I report it to?

Report the accident to your insurance company as soon as possible after the accident. Call your agent, your broker, or the insurance company claims line. You should report the accident to the police or attend at the Collision Reporting Centre (CRC) at 1001 Brydges Street in London, Ont. More information on the CRC can be found here:

www.police.london.ca

I have sustained personal injuries from an MVA. What claim can I make for compensation for my injuries and loss?

There are generally two separate claims that arise from an MVA. The first is a claim for Statutory Accident Benefits that are provided by an auto insurer. Ontario has a no-fault insurance system, and in most MVA’s, the accident benefits are provided by your own auto insurer. The second claim is made against any party whose negligence may have caused or contributed to the accident. This is known as the tort claim. Most often the tort claim is made against the driver and owner of the other vehicle(s) involved in the accident.

If I don’t have auto insurance can I still make a claim for accident benefits?

Yes, you still have access to accident benefits even if you, yourself, do not have auto insurance. You may be able to make a claim under the insurance policy of the driver of the car you were in, the driver of the other vehicle, or the Motor Vehicle Accident Claims Fund.

What accident benefits are available?

Accident benefits are usually available to anybody injured in an MVA, whether they are a driver, passenger or pedestrian. An application for accident benefits should be submitted as soon as possible following a car accident to the appropriate insurance company. People injured in an MVA which occurred after September 1st, 2010 may be entitled to receive the following benefits:

  • Income Replacement Benefits help to replace lost income if you are employed or self-employed, and if you are not able to perform the essential tasks of your employment. You can receive up to $400 per week or 80% of your net pay for up to 104 weeks. You will receive no IRB for the first week after the accident. After 104 weeks you might continue to receive IRBs as long as you are not able to work at any occupation for which you are reasonably suited by education, training or experience. Note that you may elect to purchase additional coverage from your insurer (optional benefits) which increases the IRB amount to up to $1,000 per week.
  • Caregiver benefits are available to cover costs of personal care, housekeeping and/or home maintenance. Under a standard policy these benefits are only available to people who have suffered a “catastrophic impairment”. You may purchase optional coverage for these benefits.
  • Medical and Rehabilitation Benefits pay for treatment and rehabilitation assistance that is not covered by OHIP or any health insurance plan from your employment. If your injury falls within the Minor Injuries Guideline” (which includes most minor whiplash-type injuries), you can receive up to $3,500 for the cost of medical rehabilitation treatment including treatment by a physiotherapist, occupational therapist, chiropractor, or massage therapist. If your injuries are more serious you may receive up to $50,000 for up to 10 years for a non-catastrophic injury, and up to $1,000,000 for the rest of your life in the case of a catastrophic injury.
  • Other Benefits include dependent care, death and funeral expenses, and possibly indexing the amount of benefits. Review your policy of insurance or contact your insurance broker, agent or company if you want to understand your specific coverage and the optional benefits available.

Criminal Defense

Do I need to hire a lawyer if I plan on pleading guilty?

Regardless of what you plan on pleading, it is vital you hire a criminal defense lawyer to protect your rights. Representing yourself in court is never a good idea, as the prosecution seeks to bring the harshest penalties possible in criminal cases. A lawyer from our firm can help you obtain a lighter sentence, or minimize/ completely eliminate your criminal charges.

When I am arrested, should I speak with a police officer?

After you are arrested, it is advised you do not speak with any police officer prior to hiring an attorney. Many individuals do not realize they are not required to give a statement or confession to a police officer. You have the right to remain silent, as well as the right to a lawyer. To ensure you receive the best possible outcome for your case, you should invoke said rights as soon as possible. Police officers often try to use anything you said against you in court, which can be detrimental to your case. For more information on how to speak to a police officer, download Phillip Millar’s free PDF Guide “10 Things to Know When Speaking to the Police.

Is there a difference between an indictable offence and summary charge?

An indictable offence is punishable by one or more years in prison. When charged with a summary conviction, you are not facing a prison sentence longer than one year. Summary conviction crimes are often considered less serious than indictable offences according to the criminal justice system. However, regardless of what type of criminal charges you are facing, it is still imperative you hire a lawyer to ensure your rights are protected.

What is the difference between a dismissal and an expungement?

A dismissal can occur when a prosecutor drops your case. This can happen after the assistant district attorney reviews your case and decides the evidence against you isn’t strong enough or your case is not worth prosecution. In certain situations, a dismissal can be given if you perform community service or attend specific classes.

An expungement is when your case is erased. The court records relating to your case are destroyed and you can truthfully state on job and loan applications that you have never been convicted of a criminal charge. Expungements are hard to obtain, however, so if you wish to learn if an expungement is available for your past criminal conviction, you will need to hire an experienced criminal defense attorney.

Will my case go to trial?

Depending on your case and your lawyer, you may have to go to trial. When charges are filed against you and a verdict cannot be reached prior to going to trial, you must go to court. To avoid trial, however, your lawyer may be able to convince the Crown Attorney that your case is not worth prosecuting or may be able to prove your charges were not filed on legal grounds. If this is true, your case may be dismissed.

What type of crimes does your firm handle?

Millars Law handles a plethora of criminal defense cases such as:

  • Weapons / firearm violations
  • Violent crimes
  • Summary / traffic offences
  • White collar / financial crimes
  • Drug offenses
  • Expungements
  • Fraud and identity theft
  • Domestic violence
  • DUI/DWI

Family Law

Should my partner and I sign a pre-nuptial agreement before we get married?

Marriage contracts, sometimes called prenuptial agreements, are contracts that partners may put in place to protect their interests and set out their expectations for their financial and property assets when entering into a marriage. Similar contracts, known as cohabitation agreements, can be entered into when a non-married couple begins living together. When drafted properly these contracts can provide security and stability as they outline the rights and responsibilities of the relationship. The marriage contract or cohabitation agreement may be used to set out, increase or restrict spousal support or property division in the event the relationship fails. A properly drafted contract may save you money in the long run by avoiding costly legal battles in the family court later on.

Can my common law partner take half of my property if we separate?

Common law couples do not have the same rights as married couples to property their partner bought when they were living together. Usually, household property such as furniture and personal effects belong to the person who bought them. Also, common law couples do not have the right to divide equally between them the increase in value of property they brought with them into the relationship. However, if you have contributed to property your spouse owns, you may have a right to part of it. For example, if you contributed to the your spouse’s property by renovating it, you may be entitled to money or an interest in the property.

My spouse lied about their income when we drafted our separation agreement and makes substantially more than I thought. I am now paying more in child support than I should be. Can I change the amount I am paying in child support?

This is one of a few situations separation agreement can be challenged through the courts. in most cases, once ex-spouses enter into a separation agreement it is upheld by the Courts as a valid agreement and cannot be changed. However, the Court may agree to change a Separation Agreement where an ex-spouse was not honest and transparent about their financial situation or did not provide accurate information regarding income, debts or property at the time the Separation Agreement was signed.

My spouse and I are going through a separation. We have no children and have already decided how our property will be divided. Do we really need to see a lawyer?

Yes. I will say it again, yes.  It may seem unnecessary now, but it can save you problems later.  Each spouse should see a different lawyer who can explain what their rights and interests in the relationship are upon separation. Your lawyer can look out for your interests and fully inform you about things that you might not have thought of (like pension rights, life insurance, benefits, etc.).  This will ensure that you understand your rights and what you may be giving up.

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