FAQ's​

Welcome to our FAQ section! Here you’ll find answers to the most commonly asked questions about our products, services, and policies. We’ve compiled this list to help you get the information you need quickly and easily.

If you can’t find the answer to your question here, feel free to reach out to our customer support team who are always happy to help. We strive to provide excellent customer service, and your satisfaction is our top priority.

Criminal Law

You should never speak to the police if there is the tiniest possibility you are the subject of the investigation, unless you speak with a competent lawyer who understands the jeopardy you are facing.

You should consider hiring a criminal defense attorney in Canada as soon as you become aware of any potential legal issues involving criminal charges. Whether you’ve been arrested, are under investigation, or even if you believe you might be implicated in a criminal matter, seeking legal counsel early on can greatly benefit your case.

A skilled criminal defense attorney can provide you with expert advice, protect your rights, and guide you through the legal process. Remember, having legal representation from the outset can help ensure that your rights are safeguarded and that you have the best possible chance for a favorable outcome in your case.

Our team takes on some of the toughest cases in Canada where innocence is at stake. We don’t accept every case as we have to believe in it. We take cases across Canada, including but not limited to:

  • Murder and Attempted Murder: Specifically focusing on domestic cases where the husband is almost always charged if the wife is found dead.
  • Assault and Battery: Defending clients facing charges of physical harm or threat of harm to others.
  • Drug Offenses: Representing individuals charged with possession, trafficking, or manufacturing of controlled substances.
  • DUI/DWI: Providing legal assistance for cases involving driving under the influence or driving while impaired by alcohol or drugs.
  • Theft and Property Crimes: Defending clients accused of theft, burglary, robbery, or other property-related offenses.
  • Fraud and White-Collar Crimes: Representing individuals facing charges related to financial fraud, embezzlement, or other white-collar crimes.
  • Sex Crimes: Handling cases involving allegations of sexual assault, rape, or other related offenses.
  • Domestic Violence: Providing legal representation for individuals accused of domestic violence or related charges.
  • Juvenile Offenses: Assisting minors facing criminal charges and navigating the juvenile justice system.
  • Weapons Offenses: Defending clients charged with illegal possession or use of firearms or other weapons.
  • Criminal Appeals: Handling the appeals process for clients seeking to challenge a conviction or sentence.
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Our team is highly trained in the art of cross-examination and is widely known for our ability to detect and expose lying witnesses. We understand the nuances of Canadian criminal law and will work tirelessly to protect your rights and achieve the best possible outcome for your situation.

The duration of a criminal case in Canada varies based on factors like complexity, charges, court load, and stages. The investigation, charging, pre-trial, trial, verdict, and sentencing all contribute. Timelines can range from months to potentially years.

In 2016, the Supreme Court ruled in R v Jordan that Canadians have a right to a speedy trial and established a time limit for when a trial must be heard. In a provincial court case in the Ontario Court of Justice (non-felony/non-indictable), the trial must be held within 18 months of the laying of the charge. Superior Court matters (Indictable/Felony) offenses must be heard within 30 months. Once a case takes longer, the accused can bring a delay motion to have it thrown out because their Charter rights have been breached. The court will assess if the accused had any involvement in the delay calculation, and if there is delay attributed to the accused, it will be subtracted from the ultimate calculation.

Corporate Litigation

A person or company should consider litigation when it makes sense for the individual or business. Sometimes we can help avoid litigation, saving resources and stress by exploring alternatives. Other times, you have no option but to sue to protect your interests and hold guilty parties accountable.
It’s advisable to consult the Millar’s Lawyers Team for expert advice and tailored legal strategies.

Litigation can address disputes such as contractual breaches, shareholder/partnership conflicts, employment issues, intellectual property disputes, commercial transactions, securities violations, regulatory matters, governance disagreements, antitrust concerns, and insurance disputes.

For guidance on your specific situation, contact the Millar’s Lawyers Team.

Employment Litigation

Hiring an employment lawyer is recommended when you encounter various situations related to your workplace. If you believe you were wrongfully terminated, face discrimination or harassment, need assistance with employment contract negotiations, or have concerns about wage and hour issues, an employment lawyer can provide valuable guidance. They can also help if you’re dealing with retaliation for asserting your legal rights, need to understand workplace policies, or have issues related to benefits and leave.

Additionally, if you’re part of a union or involved in collective bargaining, seeking legal advice is important.

By enlisting the expertise of an employment lawyer, such as the Millar’s Lawyers Team, you ensure that your rights are upheld and that you receive proper legal counsel tailored to your specific workplace circumstances.

You can claim wrongful dismissal when you believe you were terminated from your job without proper legal justification or in violation of your employment contract. This could involve situations where your employer breaches the terms of your contract, doesn’t provide reasonable notice, or terminates you in a discriminatory or retaliatory manner.

If you suspect you’ve been wrongfully dismissed, consulting an employment lawyer, such as the Millar’s Lawyers Team, can help you understand if you have a valid claim and how to proceed.

Yes, a company can dismiss an employee without warning in certain situations. Employment laws vary by jurisdiction, but generally, employers can terminate employees without prior notice in cases of serious misconduct, violation of company policies, illegal activities, or performance issues that are severe and immediate. However, laws might require employers to provide compensation or pay in lieu of notice, depending on the circumstances.

If you’re unsure about the legality of your dismissal, consulting an employment lawyer, like the Millar’s Lawyers Team, can provide clarity on your specific situation and rights.

Whether you receive severance when you’re fired depends on various factors, including employment laws, your employment contract, and the reason for your termination. In many cases, severance pay is provided to employees who are let go, especially if they’ve been with the company for a certain duration or if it’s outlined in their contract.

Consulting an employment lawyer, such as the Millar’s Lawyers Team, can help you understand if you’re entitled to severance and the amount you might be eligible for based on your specific circumstances.

Real Estate Litigation

Real estate litigation involves legal disputes related to property matters, such as ownership, contracts, boundaries, and title issues.

You might consider real estate litigation when facing disputes over property transactions, contracts, boundary disputes, lease disagreements, or title issues.

Real estate litigation covers cases involving property purchase/sale disputes, landlord-tenant conflicts, construction defects, boundary line disputes, and zoning issues.

Common grounds include breach of contract, fraud, non-disclosure, misrepresentation, and disagreements over property boundaries or rights.

The timeline varies based on case complexity. Some cases settle quickly, while others might take several months or even years.

Research reputable law firms, read reviews, and consult attorneys to find one experienced in real estate litigation, like the Millar’s Lawyers Team.

Mass Torts & Class Action

A class action is a legal process where a group of people with similar claims collectively bring a lawsuit against a defendant. It streamlines cases involving multiple plaintiffs facing the same issues.

To become part of a class action lawsuit, follow a few key steps. 

  1. Confirm whether you meet the criteria for the class. 
  2. Stay informed about the case through notifications or advertisements. 
  3. Get in touch with the law firm representing the class and follow their guidance. Depending on jurisdiction and specifics, formally opt in or out of the class action.

You can file a class action lawsuit when you and a group of individuals have similar claims against a common defendant.

Consult legal professionals, like the Millar’s Lawyers Team, to determine if your situation is suitable for a class action.

Mass tort litigation and regular lawsuits each have benefits. Advantages of mass torts include efficiency, strength in numbers, lower costs, consistency, expertise, and fairness.

Consulting legal professionals, like the Millar’s Lawyers Team, can help you understand which approach suits your situation best.

Motor Vehicle Accidents

The timeframe for a car or truck settlement can vary. Factors like accident details, insurance processes, injury extent, and negotiations influence the duration. 

Settlements might take weeks to months. It is very disappointing that our system in Canada does not provide an opportunity for quicker trials. Insurance companies with deep pockets often delay the process for as long as possible, hoping they can wear down defendants. They need to know they are up against a seasoned trial lawyer if they are going to come to the table with real money. 

For accurate guidance, reach out to the Millar’s Lawyers Team for personalized assistance.

Canada is governed by the Limitations Act, which stipulates that an action must be brought within 2 years of knowing you have been wronged. In legal language, we sometimes use the phrase “discoverable.” Once you have discovered that you were wronged, you must take action within 2 years. This law exists so that defendants can properly defend themselves as evidence is lost over time. There are more specific limitation periods you must be aware of, and you should never assume you have time. Once you discover or know that you have been wronged, consult with a skilled attorney who can protect your interests. 

The average settlement for a car accident varies widely. It depends on factors like accident severity, injuries, property damage, and liability. There’s no fixed amount. One of the biggest issues in some provinces is deductibles and threshold legal issues that prevent people from getting the amounts they deserve. For a precise estimate based on your situation, reach out to our experienced Personal Injury team at Millar’s Lawyers Team for expert guidance.

The cost of a car accident lawyer can differ. Some lawyers charge hourly rates, while others work on a contingency fee basis. This means they only get paid if you win the case. For specific details about fees and payment options, reach out to the Millar’s Lawyers Team for personalized advice.

Filing a personal injury claim doesn’t always require going to court. Many cases are resolved through negotiation or settlement discussions with insurance companies. However, if a settlement can’t be reached, court might be necessary. Insurance companies know which lawyers go to trial and which lawyers settle and never step into a courtroom. Make sure you do your research and hire a lawyer who has fought insurance companies and won in the past before you entrust your future to a lawyer. The Millar’s Lawyers Team can guide you through the process and advise on the best course of action for your specific situation.

Long-Term Disability Denial

If your mental health prevents you from working, you may be eligible for Long-Term Disability Benefits. Eligibility depends on your policy terms, medical documentation, and the severity of your condition. To navigate this process effectively, reach out to the Millar’s Lawyers Team. They can provide personalized guidance and help you understand your options for obtaining the benefits you need.

You should see a lawyer about a Long-Term Disability denial as soon as you receive the denial notice. Time limits for appealing denials are often short. Contact the Millar’s Lawyers Team promptly to assess your case, strategize an appeal, and maximize your chances of obtaining the benefits you’re entitled to.

To appeal a Long-Term Disability denial, follow these general steps:

  • Review the Denial Letter:
    • Understand the reasons for the denial and the policy terms that apply.
  • Gather Documentation: 
    • Collect medical records, treatment details, and any evidence supporting your claim.
  • Consult Legal Counsel: 
    • Reach out to the Millar’s Lawyers Team for expert advice. They can review your case, help formulate a strong appeal, and guide you through the process.
  • Prepare the Appeal Letter: 
    • Draft a formal appeal letter addressing the denial reasons and providing evidence to counter them.
  • Submit the Appeal: 
    • Send the appeal letter along with supporting documents to the insurer within the specified timeframe.
  • Follow Up: 
    • Stay in contact with your lawyer and the insurer, ensuring all necessary information is provided.
  • Consider Mediation: 
    • If the appeal is still denied, mediation or negotiation might be explored to resolve the issue.
  • Legal Action: 
    • If all else fails, your lawyer can advise on the possibility of taking legal action.

 

Remember, every case is unique, and legal advice tailored to your situation is crucial for a successful appeal. Reach out to the Millar’s Lawyers Team for personalized assistance throughout this process.

Sexual Assault Victims

Damages in a sexual assault civil lawsuit are compensation sought for harm and losses caused by the assault. They include compensation for pain, emotional suffering, medical expenses, lost wages, property damage, and may also involve punitive damages as a form of punishment for the perpetrator. Recent case law has expanded the range of financial compensation for a sexual assault claim, and your lawyer must know how to articulate damages and understand how the human brain responds to trauma if they are to get you what you deserve. For personalized advice, reach out to the Millar’s Lawyers Team.

The time limit to bring a civil lawsuit varies.

In most provinces and situations, victims generally have two years from the date they were capable of bringing a lawsuit. This means the usual two-year limitation period in effect for other cases is more flexible. Canadian courts have determined that victims of sexual abuse are often prevented from coming forward because of the power imbalance their abuser held over them and so have given victims of sexual assault greater leeway to bring a claim when they are ready. Nonetheless, it is imperative you get expert advice as soon as possible to protect your interests.

Recent legal changes in Alberta opened the door to bring historic cases that had previously been barred by provincial limitation laws. For historical sexual assault cases, the statute of limitations can differ. For instance, if the sexual assault occurred after September 15, 2016, you have 15 years from the time you realize the harm. If it happened before, you have 2 years from September 15, 2016, to file.

Keep in mind that these time frames might vary based on individual circumstances and the province you live in. Consult the Millar’s Lawyers Team for accurate guidance tailored to your specific situation.

Historical sexual assault refers to incidents of sexual misconduct or assault that occurred in the past, often outside the typical legal timeframe for reporting or pursuing legal action.

In the context of extended limitations for historical sexual assault cases in Canada, it generally refers to incidents that took place before the recent changes in the law and are now eligible for legal action within specific extended timeframes. For personalized information about your situation, reach out to the Millar’s Lawyers Team.

Yes. Not Guilty does not mean innocent necessarily, as the standard for a criminal conviction is convincing a judge to the point they are sure beyond a reasonable doubt of the accused’s guilt.

This is often referred to as being around 90% sure. In a civil case, the standard is lower. We only have to get the judge to a standard called on the balance of probabilities. This means the judge only has to get to 51% certainty. Just because an accused was acquitted doesn’t mean we can’t get to the 51% standard in a civil case.

To understand your options and the potential impact of dropped charges on your civil case, it’s advisable to consult the Millar’s Lawyers Team.

Slip and Fall Injuries

Responsibility for a slip and fall accident depends on factors like the location and circumstances. It could be the property owner, occupier, or another party responsible for maintenance. 

To determine liability in your specific case, contact the Millar’s Lawyers Team. We assess the details and guide you on potential legal actions.

Yes, there are time limits for seeking compensation after a slip and fall accident, and they can be very different from normal cases, especially if the government is involved in any way. 

In some cases, you have to notify the opposing side within 14 days of the accident to protect your right to sue. This timeframe can vary depending on the specific circumstances and jurisdiction. 

To ensure you meet the appropriate deadlines, reach out to the Millar’s Lawyers Team for accurate guidance tailored to your situation.

If you need to sue an insurance company, there are generally two ways to pay for legal services:

  1. Contingency Fee Basis: Many personal injury lawyers work on a contingency fee basis. This means they only get paid if you win the case. Their fees are a percentage of the settlement or court award. If you don’t win, you usually don’t have to pay attorney fees. 
  2. Hourly Rate or Fixed Fee: Some lawyers might work on an hourly rate or charge a fixed fee for their services. However, this payment structure might not be as common for personal injury cases, especially when suing insurance companies. It’s important to discuss the fee arrangement with your chosen lawyer, including any potential costs, before proceeding.

 

The Millar’s Lawyers Team can provide more information on their specific payment structure and how it applies to your case.

If you fall on public property: 

  • Seek Medical Help: Prioritize your health. 
  • Document: Take photos of the scene if safe. 
  • Report: Inform relevant authorities. 
  • Gather Witness Info: Get contact details from witnesses. 
  • Preserve Evidence: Keep clothing as is. 
  • Consult a Lawyer: Reach out to the Millar’s Lawyers Team for legal guidance.

Medical Malpractice

You might have a medical malpractice claim if:

  • A doctor or health practitioner was negligent and breached the accepted standard of care.
  • A breach of the standard of care is found, and the next thing you will need to prove is that the negligence or breach ‘caused’ you harm or damages.

 

Consult the Millar’s Lawyers Team to evaluate your situation. They can assess if your case meets these criteria and guide you on potential legal action.

Hiring a medical malpractice lawyer is stressful, and it is hard to know who is the right fit. We suggest you interview multiple lawyers before making a decision. You need honesty and competence in order to trust that your lawyer will get the job done and can stand up to the CMPA. 

For personalized guidance and effective representation, don’t hesitate to reach out to the Millar’s Lawyers Team.