Thank you for visiting the web site of Kim Spencer McPhee P.C. (“KSM”).
This web site was created by KSM so that you could learn more about the legal services that we offer and other information related to the law. These contents are for informational purposes only. None of the information on this web site is intended to constitute, nor does it constitute, legal advice, and none of the information necessarily reflects the opinions of KSM, its attorneys or clients. Please read our Disclaimer, for additional limitations on the use and effect of this web site.
KSM Is Not Responsible for Content
KSM may periodically change, remove, or add the material in this web site without notice. This material may contain technical or typographical errors. KSM does not guarantee its accuracy, completeness or suitability. KSM assumes no liability or responsibility for any errors or omissions in the contents of this web site. Your use of this web site is at your own risk. Under no circumstances shall KSM or any other party involved in the creation, production or delivery of this web site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this web site. IN NO EVENT SHALL KIM SPENCER MCPHEE P.C. BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.
Third-party Web Sites
Laws Vary by Province
KSM lawyers are licensed to practice law only within the province of Ontario but we affiliate or form relationships with lawyers throughout the United States and Canada. KSM may refer prospective clients to other law firms located throughout the country, who form relationships with KSM, and are experienced in handling such cases.
KSM may also undertake legal representation in certain cases, and will affiliate with other legal counsel located throughout the country to provide legal representation.
The laws of each province are different. This web site contains information about general or communication rules that apply in some provinces. This web site also contains information about verdicts or settlements in past cases. You cannot assume that the same rules apply, or that the same result would occur, in your province or any particular province.
The Statute of Limitations is especially important. Every province has laws called the “statute of limitations” which set a deadline to file a lawsuit. That means that a lawsuit filed too late may be thrown out, regardless of the defendant’s fault or the severity of the injuries, Some province have a two-year period for negligence injury claims; the time period in other provinces may be longer or shorter. Insurance policies, particularly homeowners insurance, may require that suit be filed within one year of a loss. Some provinces allow claims against government agencies, but require a written notice very soon after the accident, perhaps within three months. Because investigation and research is needed to identify all possible defendants and theories of recovery, if you have an accident or injury, you should consult a lawyer as soon as possible.
Legal and Ethical Requirements
KSM has tried to comply with all legal and ethical requirements in compiling this web site. We welcome comments about our compliance with the applicable rules and will update the site as warranted, upon learning of any new or different requirements. We only want to represent clients based on their review of this web site, if it complies with all legal or ethical requirements.
To the extent that the professional responsibility rules of any jurisdiction require us to designate a principal office or an attorney responsible for this web site, Kim Spencer McPhee P.C. designates its office in Toronto, Ontario and attorney Andrew Morganti.
Governing Laws in Case of Dispute; Jurisdiction
Any and all claims by you arising out of or related to this website or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under arbitration rules with a single arbitrator in Ontario. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.
Copyright © 2021 Kim Spencer McPhee P.C. All rights reserved. All materials presented on this site are copyrighted and owned by Kim Spencer McPhee P.C., unless in the public domain or attributed to another source. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.