Our Legal Services
Pretsell Davies Thompson Benton is a full service law firm with offices in Belleville and Picton, Ontario that specialize in:
- Personal Injury Litigation
- Motor Vehicle Accidents
- Long and Short Term Disability Insurance Litigation
- Real Estate
- Criminal Law
- Family Law
- Civil Litigation
- Commercial Litigation
- Wills & Estates
- Corporate / Commercial
- WSIB Appeals
- Canada Pension Plan (CPP) Appeals
- Wrongful Dismissal
Anyone who has been seriously injured as a result of the negligence of another may be entitled to financial compensation. Most often the source of that compensation is an insurance company. People may be entitled to compensation for lost income, medical expenses and the loss of companionship, among others. Most personal injury matters are complex and involve considerable time and effort. We assess each case individually and when prepared to accept a case, usually do so on a contingency basis, allowing payment of legal fees after the matter has finally concluded. As with all legal matters, personal injuries must be prosecuted within a limited period of time. Generally that limitation is two years after the event occurred. If you have been seriously injured through no fault of your own, please contact our office for a free consultation.
The legislation and law affecting people injured in car accidents in Ontario is confusing at best. Currently, if you are injured in an accident you are entitled to receive a number of benefits from your own auto insurer. If you are already injured as a result of a collision, you have probably already received and tried to complete the Application for Accident Benefits. You will then know that merely filling out the forms is baffling. If you have suffered a serious permanent injury, you may be able to claim compensation from the driver that caused the injury. However, there are limitation periods and all manner of legislative and legal obstacles inherent to the glut of legislation in this area. Mike and Kandace have extensive experience in this area and will be pleased to spend a half hour or so explaining the variety of legal remedies available. We typically take these matters on a contingency basis also and are pleased to discuss the particulars of how that process works. If you have been involved in a serious motor vehicle accident, please contact our office for a free consultation.
Many people have private policies of insurance providing income protection should they become disabled. These plans are generally through group benefits through your employer. Claims of disabled individuals are often denied by insurance companies notwithstanding that you have a valid claim. Our firm has expertise in bringing actions against the insurers to assist the disabled individual to obtain benefits to which they are entitled. There is generally a limitation period of two years in which a claim must be advanced after the discontinuance of disability benefits. We typically take these matters on a contingency fee. Please give us a call for a free consultation.
Our firm can assist with real estate transactions ranging anywhere from a simple purchase, sale or refinance to more complex and varied transactions. We understand that a real estate transaction may be the only time in your life when you have a need for a lawyer and that your home may be your single biggest investment. We also understand that at the heart of a real estate transaction is a desire by both the buyer and the seller to see the deal brought to conclusion. With this in mind our firm makes a point of ensuring that our clients are well informed throughout the real estate transaction, our clients always meet with a lawyer for signings and we are driven to find solutions for problems rather than letting the deal fall through.
Mike Pretsell is experienced in providing representation to persons charged with criminal offences. He also attends before the Ontario Superior Court of Justice and the Ontario Court of Appeal on appeals of lower Court decisions in criminal matters.
“Family Law” is a catchall phrase that includes assisting people in resolving issues arising from the breakdown of a relationship including issues of custody, access, child support, spousal support, equalization of net family property, divorce, adoption, guardianship, dependant’s relief, domestic contracts…the list is endless. It is an area of law that is very case specific where the solution for one client may be very different than the solution for another client. We can assist you in determining if an application through the courts is the best means to achieve the relief you are seeking or if an alternative method, such as a domestic contract, would be a better route. We understand that when you hire a lawyer to assist in the issues arising from the breakdown of your relationship you are most likely already having a difficult time emotionally and financially. The staff at PDTB are compassionate and strive to find the solution that is best for you, your children and your family.
Civil litigation is a general term to describe suing for money or other relief. It is always best if parties can resolve their disputes on their own, however, sometimes court is unavoidable. PDTB has extensive experience in civil litigation.
Commercial litigation includes disputes arising out of shareholder agreements, contractual relations as well as Construction Lien issues and debt collections. Mike and Kandace practice in this area.
It is imperative to have a Will and Powers of Attorney; not only for your own piece of mind but to make things easier for your surviving family at a time when things are already very difficult. Powers of Attorney are documents in which you appoint a person(s) to make financial and health care decisions for you while you are still living. They are relatively inexpensive considering the alternative if you find yourself incapacitated without a valid Power of Attorney is a very costly court action or the involvement of the Public Guardian and Trustees Office. A Will is a document that speaks for you from death. A Will allows you an opportunity to appoint an Estate Trustee(s) to handle your affairs and to direct that Estate Trustee how you want your assets distributed. Again, taking the time and spending the money to prepare a Will when you are able to saves your family months of red tape and a costly court action should you pass away without a Will. Meeting with one of our lawyers to provide instructions for a Will and Powers of Attorney is also a chance for estate planning and to gain advice about tax avoidance.
Estate Administration is the act of carrying out the wishes of a deceased person. Typically this involves commencing a court action to obtain a Certificate of Appointment or in old fashioned terms “Probate.” We can help an Estate Trustee determine if they need a court action (with some prior estate planning it may have been possible to arrange financial affairs in such a way so as to not need Probate), and if a court action is necessary, we have the skill and experience to guide you through that process.
This area of law typically means assisting business owners with incorporations, share purchases, shareholder agreements, partnership agreements, dissolutions etc. The needs of a small business are ever changing. As you hope your business will be a success and be around for several years, the lawyer – client relationship in this context is usually ongoing. It is important to find a lawyer who can be with you for years to come as your business grows and expands and who understands your business goals and motivations. Dagney is available to her business clients and makes a point of striving to meet their needs as the needs of their business change.
Most workers in Ontario are covered by the Workplace Safety and Insurance Act. If they are injured on the job, they can get compensation and other services from the Workplace Safety and Insurance Board. If you get a decision from the Board that you do not agree with, you have the right to appeal. Appeals at the Workplace Safety and Insurance Board are often complex and legal assistance is necessary to protect your rights. After an appeal at the Workplace Safety and Insurance Board, there is a further appeal to the Workplace Safety and Insurance Appeals Tribunal, an independent tribunal which has the final authority to review decisions of the Board. Mike Pretsell and David Little have extensive experience in this area and both have been responsible for landmark rulings at the Appeals Tribunal.
When you work you contribute to the Canada Pension Plan by deductions from your paycheck. CPP is best known for retirement pensions; however, CPP also provides a disability benefit to people who stop working because of a severe and prolonged disability. CPP applications are often denied in the initial stages. There are complicated rules about qualifying periods and proving disability. David and Kandace have practiced for many years in this area.
If you are a non-union employee and have been fired for no particular reason, you may be entitled to compensation from your prior employer for wrongful dismissal (breaking the employment contract). Generally, a person who has been fired without cause is entitled to receive payment for a "reasonable period of notice." The amount to which any individual person may be entitled depends upon his or her specific circumstances and meeting a lawyer is important to determine what, if any, remedies may be available immediately after being fired. Our firm has extensive experience in this area.