• Lawyers

    There are more than a thousand lawyers in Ontario, so why choose us?

    BECAUSE WE TREAT YOUR CASES AS IF THEY WERE OUR OWN

  • Law Books

    We are the #1 law firm for trusted advice.

    SOLID REPRESENTATION AND EFFECTIVE ADVOCACY FROM A TEAM OF EXPERIENCED LITIGATORS.

  • Justice

    With proven results, we take pride in defending your case. Whether your matter deals with criminal law or personal injury, we are compassionate to your specific needs.

    WE STAND UP FOR YOUR RIGHTS TO ENSURE JUSTICE IS ON YOUR SIDE.

WELCOME TO SCARDICCHIO LAW OFFICE PROFESSIONAL CORPORATION

A Better Law Firm for Criminal Defence and Plaintiff Personal Injury Matters

At Scardicchio Law, our lawyers provide effective legal services primarily in criminal law and plaintiff personal injury law throughout Southwestern Ontario, including Mississauga, Brampton, Milton, Burlington, Hamilton, Toronto, Orangeville, Newmarket, Oshawa, Wasaga Beach and Collingwood. We encourage you to call us today for your free 30-minute phone Consultation, where you will speak to a lawyer about your matter immediately.

Our lawyers focus on specific areas of law, which involves primarily Criminal Defense Litigation and Plaintiff Personal Injury, including motor vehicle car accidents, motorcycle accidents, slip and falls, medical malpractice, nursing home neglect, wrongful death, pedestrian accidents, brain and spinal cord injuries, child injuries, unsafe premises claims, and accident benefits.

Signature

  • CLIENT TESTIMONIAL
    Satisfied Client 1
    Domenic C.
    Assistant Manager - Used Car Sales.
    After being involved in a devastating motorcycle accident, I called Scardicchio Law Office and they got involved from day 1 to ensure that I was able to access full benefits immediately since I have not been able to work.
  • CLIENT TESTIMONIAL
    Satisfied Client 2
    Teresa
    Self-Employed
    I called the number and a very polite gentleman answered. I actually spoke to a criminal lawyer who practices in Brampton and he gave me very informative advice. He answered all my questions about a criminal matter in a genuinely helpful way. I got a very good impression from this law firm.
AREAS OF PRACTICE
  • CRIMINAL LAW

    Every Canadian has basic rights when they are facing a criminal charge. You need to speak to a criminal lawyer today and become fully informed of your rights.

    • Domestic Assault
    • Assault Causing Bodily Harm
    • Drug possession and Trafficking
    • Theft & Shoplifting
    • Mischief
    • Uttering Threats
    • Fraud
    • Forging Documents
    • Weapons and Firearms
    • Sexual Assault
    • Young Offenders
    • Impaired Driving/Over 80
    • Highway Traffic Offences
    • Dangerous Driving
    • Bail Hearings
    • Breach of Undertaking/Recognizance
    • Obstruct Justice
    • Arson
    • Manslaughter
    • Murder
    • Terrorist Acts
    • Kidnapping
    • Pardons/Record Suspensions
  • PLAINTIFF PERSONAL INJURY LAW

    We understand that a serious accident can be devastating and long lasting to you and your family. We are dedicated to serving our clients and their families who have suffered serious personal injuries.

    • Car Accidents
    • Slip and Falls
    • Brain and Spinal Cord Injuries
    • Motorcycle Accidents
    • Dog Bites
    • Boating Accidents
    • Wrongful Death Claims
    • Pedestrian Accidents
    • Child Injuries
    • Unsafe Premises
    • Nursing Home Neglect/Abuse
    • Injuries From Defective Products
    • Medical Malpractice
    • Accident Benefits
    • Canada Pension Plan Appeals (CPP Appeals)








  • BUSINESS LAW

    When incorporating a business, it is important to consider all the available options on how you should register your company. Our office identifies which business structure suits your particular needs. Contact us to discuss the nature and fundamentals of your business goals.

    • Sole Proprietorships
    • Partnerships
    • Professional Corporations (Doctors, Dentists, Lawyers, Veterinarians, Accountants)
    • Provincial/Federal Incorporations
    • Non-Profits



















  • NOTARY SERVICE

    Our Mississauga office provides simple notary services to suit your individual needs.

    • Notorization
    • Commissioning Affidavits
    • Statutory Declarations
    • Consent to Travel Documents
    • Drafting Affidavits
  • WILLS & ESTATES LAW

    If you do not have a Will in Ontario, you cannot select the executor who will administer your estate, and the person to fill this role will be appointed by the court. Call us to discuss the reasons to have a properly drafted Will.

    • Last Will and Testament
    • Codicil to Last Will
    • Power of Attorney
  • FAMILY LAW

    The lawyers in our family law practice provide extensive and practical advice on the law relating to family law matters. Since each family law case is unique, our approach is to assess your prospective needs and to develop a strategy together.

    • Divorce
    • Separation Agreements
    • Child Support/Custody
LAWYERS
Lea Scardicchio
D. LEA SCARDICCHIO
MANAGING LAWYER
Ms. Scardicchio has appeared and has been successful in various levels of courts in Ontario, including the Ontario Court of Justice and the Superior Court of Justice. Ms. Scardicchio has been called to the Ontario Bar and is a Member in good standing of the Law Society of Upper Canada. Ms. Scardicchio regularly appears at the A. Grenville and William Davis Courthouse in Brampton. Ms. Scardicchio attended The University of Western Ontario where she completed Graduate level criminal law courses, including an Advanced Criminal Law Seminar, Legal Scholarship and Research Methodology. Following the completion of her Honours Bachelor of Laws degree in England, Ms. Scardicchio articled in joint for two highly distinguished criminal defence lawyers in Brampton. Ms. Scardicchio maintains a full service law practice mainly focusing on criminal defence law, plaintiff personal injury litigation, civil defence, wills and estate planning, business incorporations and family law services. Since being called to the Ontario Bar, Ms. Scardicchio regularly attends Continuing Legal Education courses offered by the Law Society of Upper Canada, Criminal Lawyers Association, Peel Lawyers' Association and Ontario Bar Association. Ms. Scardicchio's practice is based on vigorously defending her clients' rights. She is dedicated to providing her clients with successful results, while also maintaining open communication throughout their respective cases. Ms. Scardicchio prides herself on a commitment to aggressively represent and defend her clients' interests, and will work tirelessly to defend their case.
  • GENERAL BACKGROUND

    Legal Experience

    Ms. Scardicchio has appeared and has been successful in various levels of court in Ontario, including the Ontario Court of Justice and the Ontario Superior Court of Justice. Ms. Scardicchio has successfully conducted numerous trials, judicial pre-trials, sentencings, and bail hearings. She regularly appears at the A. Grenville and William Davis Courthouse in Brampton and the Milton courthouse.

    Education

    Ms. Scardicchio attended The University of Western Ontario where she completed graduate level courses in law, including an Advanced Criminal Law Seminar. She completed her Honours Bachelor of Laws degree from The University of Buckingham Law School, and graduated from The University of Toronto earning an Honours Bachelor of Arts degree. Since being called to the Ontario Bar, Ms. Scardicchio regularly attends Continuing Legal Education sessions offered by the Law Society of Upper Canada, the Criminal Lawyers Association, the Peel Lawyers' Association and the Ontario Bar Association.

    Licensure

    Ms. Scardicchio is a licenced Barrister and Solicitor called to the Ontario Bar and a Member in good standing with the Law Society of Upper Canada. She is also a designated Notary Public and Commissioner of the Oaths through the Ministry of the Attorney General.

    Memberships

    Ms. Scardicchio is a member of the Law Society of Upper Canada, the Peel Law Association, the Peel Criminal Lawyers' Association, the Criminal Lawyers' Association, the Ontario Bar Association, the Canadian Corporate Counsel Association, the Toronto Lawyers' Association, the Canadian Bar Association, the Hamilton Criminal Lawyers' Association and the Hamilton Law Association.

    Practice Areas

    Ms. Scardicchio is a Criminal defence lawyer and her criminal practice includes representing clients charged with the following offences: Shoplifting charges, Theft, Domestic Assault, Aggravated Assault, Assault Causing Bodily Harm, Assault with a Weapon, Criminal Harassment, Mischief Over/Under, Young Offenders, Drug Possession (Marijuana, Cocaine, Hashish, Ketamine, Heroine, Ecstasy, etc), Possession for the Purpose of trafficking, Importation of Narcotics, Grow Operations, Utter Death Threats, Fraud, Domestic Assault, Assault Causing Bodily Harm, Sexual Assault, Highway Traffic Offences, Weapons and firearms charges, Robbery, Break and Enter, Bail Hearings, Forging Documents, Identity Theft, Obstruct Justice, Breach Recognizance and Undertakings, Possession of Obscene Materials, Regulatory Offences, Dangerous Driving, Refuse, Over 80, Impaired Driving, Dangerous Driving, Manslaughter, Murder, Criminal Appeals. Ms. Scardicchio is also an experienced Plaintiff Personal Injury Lawyer in Mississauga, Brampton, Toronto, Milton, Burlington, Oakville, Etobicoke, Collingwood, Barrie, Hamilton, Newmarket, Orangeville and Vaughan.

  • REPRESENTATIVE CASES

    The recent firm successes of our criminal cases can be found below.

    • R v. R.V. (2015) - The client was charged with theft under $5000 resulting from a shoplifting charge at a Walmart. We were able to successfuly resolve the client's case through diversion, and the client's charge was withdrawn. She would not have a criminal record, which was important because she was only a Permanent Resident of Canada.
    • R v. G.T (2015) - The client was charged with Over 80 where it was a likely second time offence. The matter was set for trial. A second judicial pre-trial was scehduled, and a very reasonable result was negotiated with the Crown. The client later plead guilty to Over 80 and received only a Fine and probation.
    • R v. T - The client was charged with possession of trafficking marihuana weighing 128 grams, and possession under Schedule 1 of the Controlled Drugs and Substances Act. After successful negotiation with the Crown, the client received a $200 fine to the lesser offence of simple possession. The trafficking charge was withdrawn.
    • R v. L.N.P. - The client was charged with theft over $5000, and after lengthy negotiations with the Crown, the client received a withdrawal of his charges after completion of diversion.
    • R v. D.H. - The client faced serious charges arising from a domestic assault with his girlfriend. After a serious of resolution meetings with the Crown, diversion was obtained and the client's charges were withdrawn after completion.
    • R v. M. - The client, a husband and father, was charged with possession of a Scehdule 2 substance. The client received an Absolute Discharge.
    • R v. F.N. - Mr. N faced highway traffic act charges of Disobey Sign and Prohibited Use of a Handheld device. These strict liability charges included demerit points accumulation. After meeting with the Prosecutor, the client received a fine without demerit points on the first charge, and the second charge was withdrawn.
    • R v. M.G. - The client was charged with theft arising from a Breach of Trust from his employment. After bringing this matter before the judge, the client received an Absolute Discharge of his matter.
    • R v. H.N. - Mr. N was a youth charged with Uttering Death threats to a teacher. After successful negotiations with the Crown, the client received a full withdrawl of his charge.
    • R v. S.V. - The client was charged with domestic assault. The client's previous record showed similar fact evidence during sentencing which would usually trigger a custodial jail sentence. The client successfully received a Suspended Sentence of 12 months probation.
    • R v. G.T. - Mr. T. faced serious charges relating to possession of a large quantity of marijuana. By illustrating serious medical concerns, the sentencing judge agreed to a non-custodial sentence and a $200 fine payable in 6 months.
    • R v. N. (2014) - The client was charged with assault causing bodily harm outside of a bar. After successfully proving to the Crown that all witnesses' level of intoxication was excessive to the point of not having a reliable account of the events, the client's charge was withdrawn.
    • R v. M.S. (2014) - The client was charged as a co-accused to a drug operation involving cocaine. After successful negotiations with the Crown, the client's charge was withdrawn after upfront community service.
    • R v. H.B. (2014) - The client was charged in Milton for simple assault on her husband. On guilty plea, the client received a Conditional Discharge with probation and was reunited with her husband in their matrimonial home.
    • R v. K.D. (2014) - The client was charged with Driving While Suspended following an over 80 conviction. The Crown was seeking 30 days jail. After successful negotiations with the Crown and attendance at a judicial pre-trial, the client received a $200 fine.

    Each case is based on individual facts. As a result, all case outcomes would reflect the individual circumstaces at hand. Please contact our office to discuss your particular matter and have your case assessed by a qualified lawyer today.

  • CONTACT

    Main: (647) 607-7LAW (7529)

    Direct: (905) 593-0499 ext. 201

Stathi Balopoulos
EFSTATHIOS (STATHI) BALOPOULOS
LITIGATION LAWYER
Mr. Balopoulos has been Called to the Ontario Bar and is a Member in good standing of the Law Society of Upper Canada. After completing his law degree with Honours from England, Mr. Balopoulos was hired as an Articling Student and then hired back as an Associate Lawyer at a Boutique Law Firm in Hamilton, where his primary focus was plaintiff personal injury litigation, specifically in Accident Benefits and Tort litigation. Early in his career, Mr. Balopoulos developed an extraordinary desire to help those who have been injured through the negligence of others. He is passtionate about helping accident victims secure the financial compensation they deserve. His experience with the law, as well as his strong ability to advocate for his clients, in and out of the court room, has led to continued success for his clients.
  • GENERAL BACKGROUND

    Legal Experience

    Mr. Balopoulos has appeared and has been very successful in all levels of court in Ontario, including the Ontario Court of Justice, the Ontario Superior Court of Justice, and the Court of Appeal of Ontario. In addition, Mr. Balopoulos has appeared numerous times before the Human Resources Development Canada (HRDC) Tribunal, for Canada Pension Plan (CPP) disability appeals. Mr. Balopoulos has also attended countless Pre-trials, Mediations and has conducted many Discoveries on behalf of his clients. Prior to joining Scardicchio Law Office Professional Corporation as lead Litigation Lawyer for our Personal Injury practice, Mr. Balopoulos practiced as an Associate Lawyer in plaintiff personal injury law at The Morris Law Group, where he assisted senior counsel closely with Motions, Trials, Appeals, Mediations, and Discoveries. Mr. Balopoulos is well-versed in the Insurance Act Legislation, including the Statutory Accident Benefits Schedule, and negligence legislation.

    Education

    Mr. Balopoulos graduated from the University of Toronto earning an Honours Bachelor of Arts degree. Wishing to gain international legal experience, Mr. Balopoulos attended the University of Buckingham Law School where he obtained his Honours Bachelor of Laws degree. Prior to commencing his Articles of Clerkship, Mr. Balopoulos completed several graduate courses in law at the University of Western Ontario, where he studied a variety of subjects including courses focused on Alternative Dispute Resolution, Research Methedology and Legal Scholarship.

    Licensure

    Mr. Balopoulos is a licenced Barrister and Solicitor called to the Ontario Bar and a Member in good standing with the Law Society of Upper Canada. He is also a designated Notary Public and Commissioner of the Oaths through the Ministry of the Attorney General.

    Memberships

    Mr. Balopoulos is a member of the Ontario Trial Lawyers' Association, the Law Society of Upper Canada, the Hamilton Medical-Legal Society, the Hamilton Law Association.

    Practice Areas

    Mr. Balopoulos' practice is mainly focused on motor vehicle accidents, motorcycle accidents, boating accidents, slip and falls, brain and spinal cord injuries, wrongful death claims, pedestrian accidents, child injuries, unsafe premises, nursing home neglect/abuse, injuries from defective products, medical malpractice, accident benefits, and Canada Pension Plan Appeals (CPP Appeals).

  • REPRESENTATIVE CASES

    Mr. Balopoulos has been involved with many successful motions, trials and appeals in the Ontario courts, a few of which can be found below.

    • Williston v. Hamilton (Police Service) (2013) - This was an appeal of the trial judges cost award, where the trial judge decided that the respondents were responsible for 100% of the damages to the appellant, but did not award increased costs for the defendant not mediating pursuant to the Insurance Act because they were a municipality. The Court of Appeal awarded a $20,000 increase for the failure to mediate, and costs of the appeal of $15,000.
    • Williston v. City of Hamilton (2011) - At the conclusion of a 2-day trial on liability, the trial judge found that the defendant's were responsible for 100% of the agreed damages of $100,000, as well as costs in the amount of $60,000.
    • Babic and Culic v. Diubaldo (2011) - In a jury trial, where Mr. Balopoulos assisted the senior lawyer with the plaintiff (Culic), the jury awarded Mr. Culic $310,000 for general damages and future wage loss, as well as partial indemnity costs, and the judge found that Mr. Culic did indeed sustain a permanent serious impairment of an important psychological function as a result of the motor vehicle accident in question.
    • Greco v. Sure Securities Systems Inc. et al. (2011) - Successful motion by the plaintiffs to add another defendant after the natural 2-year limitation period had passed where the existing defendant's had been uncooperative in advising of this new party.
    • Dunsmore et al. v. Muldoon et al. (2012) - A motion brought by the defendants to dismiss the plaintiff's claims, or in the alternative force the plaintiffs to return to Hamilton to attend an Discovery within a set time period, as well as deliver an updated affidavit of documents. The plaintiffs brought a successful cross-motion where the judge ordered that the plaintiffs attend the nearest court reporting facility in Vancouver, where they currently resided, and dismissed the defendant's motion awarding costs to the plaintiffs.
    • Folk v. Minister of Human Resources and Skills Development (2011) - Successfully appealed CPP disability denial of benefits where the appellant suffered from chronic pain and fibromyalgia and met the CPP disability test of "severe and prolonged" injury.
    • Mota v. State Farm (2012). - The plaintiff was successful in bringing a motion 13 years after the commencement of the action to complete a Discovery of the Accident Benefit's Adjuster for ongoing claims of "bad faith" conduct.

    The above successes were based on each cases' individual factors. Contact our office if you would like to discuss the merits of your potential case and speak to a lawyer today. We offer free 30-minute Consultations.

  • CONTACT

    Main: (647) 607-7LAW (7529)

    Direct: (905) 593-0499 ext. 202

Michael Scardicchio
MICHAEL SCARDICCHIO
LAWYER
Michael is a Lawyer in Good Standing with the Law Society of Upper Canada and is Called to the Bar of Ontario. Michael assists the firm with locating defendants through corporate and property searches. He also files Motions and Charter Applications at the Ontario Court of Justice.
  • GENERAL BACKGROUND

    Education

    Michael has been Called to the Bar of Ontario and is a Lawyer licensed in Good Standing with the Law Society of Upper Canada. Michael completed the Law Practice Program (LPP) at Ryerson University and interned at PCK Law. Michael is a law graduate, earning his Juris Doctor, from Bond University in Australia. He is accredited by the Federation of Law Societies of Canada. During his time at Bond University, Michael specialized in the Canadian Legal System. He additionally was awarded a certificate of completion for legal skills. Michael also graduated with honours from the University of Toronto receiving an Honours Bachelor of Science Degree majoring in Physics and minoring in Biology and Italian.

    INTERESTS AND ACTIVITIES

    Michael is the Director of his software development company called "Bellezze Software Development Inc." since 2012. His projects include building legal docketing applications, legal news applications, and social media applications, as well as website development for various businesses across Canada.

    Skills

    Michael has participated in various advocacy and sentencing moots during his studies at Bond University Law School. He has experience in legal research, drafting memorandums, drafting contracts, drafting statements of claim and defence, as well as developing business structures and business (NUANS) searches.

  • CONTACT

    Main: (647) 607-7LAW (7529)

    Website: Bellezze Software Development Inc.

CASE RESULTS
FAQs
Criminal Law FAQs
  • My undertaking gives me a separate date for fingerprings, do I have to attend?

    The date provided on your undertaking or promise to appear release form is a mandatory date that you must attend. You will need to go to the address provided and meet with the police in order to administer your fingerprints in the CPIC system according to the Identification of Criminals Act R.S.C. 1985, c. I-1.

    At Scardicchio Law Office Professional Corporation, we request that your fingerprints and photographs are removed or purged from the police system upon the successful completion of your case at no additional charge.

  • My first court date is coming up, what can I expect?

    On your first court date, if you are not in custody and are unrepresented, you can expect to stand before a Justice of the Peace and advise the court whether you intend to hire a lawyer or seek legal aid assistance. You may or may not receive a disclosure package from the Crown on this date. You will also be required to have a return date in mind in order to return and advise the court as to how you will be proceedings with your case.

    It is advisable to secure legal representation prior to your first court date. A lawyer will be able to secure your rights from the beginning. For example, there are important statements about your case that may need to be addressed before the court and reflected on the record, which only an experienced criminal lawyer can do to protect your rights from the start. Having a lawyer from the beginning of your case will give you the leading edge to ensure the best possible outcome.

  • My undertaking prohibits me from leaving the Province of Ontario, and I already had a vacation booked. Can I travel?

    An undertaking includes the terms of your release for the duration of your pending charges. Commonly, the obligation to reside within the Province of Ontario must be followed.

    Our office routinely negotiates with the Crown in order to vary these terms and accomodate our client's individual needs. If you have been released on an undertaking and require a variation to any of the specific terms, please contact us to discuss your case.

  • I was convicted a long time ago and I need a pardon/record suspension. How long do I need to wait to apply?

    If you have a criminal record and you want to erase it and start clean, then you may want a pardon. A pardon, now replaced with the term "Record Suspension", is an application to the Government of Canada to remove your criminal record, and create an ability to remove stigma and make a fresh start for travel, employment, and immigration. A person applying for a pardon must have completed their sentence, including Parole/Probation, and have paid any fines or financial penalties ordered. They must have served a required waiting period, which is now 5 years for Summary offences / 10 years for Indictable offences. The new legislation changed this wait period from the previous wait period of 3 years for Summary and 5 years Indictable. Individuals must also have demonstrated that they are law-abiding citizens. A Notice of changes to the Pardons program under Bill C-10, Amendments to the Criminal Records Act (CRA), came into effect on March 13th, 2012. Individuals convicted of sexual offences against minors (with certain exceptions) and those who have been convicted of more than 3 indictable offences, each with a sentence of 2 or more years, are now ineligible for a record suspension.

    Our firm routinely completes record applications for clients across Ontario. Please be advised that a record suspension applications generally take anywhere between 6 to 12 months to process by the Government, once we have sent in your application. Of course, processing times for our office will inevitably vary as you have to complete your fingerprints and local police records check. If you were charged with an indictable offence, be prepared for processing times to be up to one year. A pardon will help your life in many ways, for example getting a job, job promotion, ability to be bonded, Canadian citizenship, adoption/child custody, peace of mind, apartment rental, mortgage approval, educational opporunities, volunteer work, U.S.A. employment, and U.S.A. travel/entry waiver. Call us today for a free consultation on getting an application started for a pardon. The Government fee for a pardon grant from the Parole Board of Canada has increased as of February 2012 to $631.

  • What are my rights if I am detained by the police?

    If you have been detained by the police, you have certain rights granted by The Charter of Rights and Freedoms, which is part of the Canadian Constitution. There are certain things that the police must inform you of if you are detained. The police must tell you the reason why you have been arrested, that you have an immediate right to speak to a lawyer, that you are entitled to free legal advice through Legal Aid Ontario, and tell you that you are allowed to speak to a lawyer in private and as soon as possible if you ask to do so.

    If you are under 18 years of age, you also have the right to contact your parents or a guardian, and to have them with you when you talk to the police. This right is in addition to your right to speak to a lawyer.

  • Will I qualify for a Legal Aid Certificate, if I cannot afford to retain a lawyer?

    Legal Aid is for low-income families. In order to qualify for legal aid, you must pass the test for financial eligibility, and Legal Aid Ontario may cover your particular charge. Contact Legal Aid Ontario directly to find out what the financial eligibility test is all about. You may call them toll-free at 1 800 668 8258 or 416 979 1446 during regular business hours.

    Not all lawyers accept legal aid. If you require representation for your legal matter, please do not hesitate to contact our office and discuss your needs. We accept legal aid certificates.

  • I am not a Canadian citizen and I have been charged with a crime in Canada. Will this affect my chances of becoming a citizen?

    A criminal conviction may affect your ability to become a Canadian citizen. No matter how long you have lived in Canada, if you are charged with a serious crime, you may face serious immigration consequences relating to your permanent residence status.

    Our office has handled several criminal cases where individuals have been charged and face immigration consequences. We work through the criminal justice system to ensure that a criminal conviction will not meet the "serious" status which would ultimately affect your immigration status.

  • I am a Young person and I have been charged with an offence. Should I hire a lawyer?

    On February 4th, 2002, Bill C 7, the Youth Criminal Justice Act, was passed by the House of Commons replacing the old Young Offenders Act. The purpose of the YCJA was to build on the strengths of the YOA, but to also reform its weaknesses.

    The YCJA contains many provisions that build on the use of extrajudicial measures for less serious offences. In order to ensure that your charge follows the appropriate route within the court system, you need a competent criminal lawyer to represent you. Only a lawyer who knows the youth court system very well will be able to ensure that you do not face harsh penalties as a result of your charge.

  • I have been charged with a small amount of drugs for personal use. Do I require a lawyer?

    If you have been charged with any drug offence, it is vital to consult with a qualifed criminal lawyer in order to ensure that your rights are preserved.

    Even small amounts of drugs will be prosecuted by the Crown and most likely lead to a permanent criminal record. Hiring a criminal lawyer is your best defense to avoid having a permanent criminal record. Contact our office to discuss your case and ask for your free telephone consultation today.

Plaintiff Personal Injury Law FAQs
  • Why contact our office?

    When you have been injured and need a lawyer, you want to be sure that you are making the right choice. Make sure the lawyer you choose is a personal injury lawyer. You should look at their reputation and experience in the area. Talk to them, and decide whether they are compassionate to your situation and show a caring approach which is focused not only on obtaining maximum compensation, but is also focused on helping you achieve maximum medical recovery.

    If you would like an experienced personal injury lawyer to assess your rights to make a claim, contact us for your free no-obligation, confidential case evaluation. You can contact us directly by filling out the form on this site or call us today at our 24-hour injury hotline (647) 607-7LAW(7529).

  • How much does it cost to begin a claim?

    At Scardicchio Law Office Professional Corporation, most cases are taken on a contingency basis. This means that if you are paid by the insurance company for your injuries, then we get paid. No legal fees will be charged until your case resolves.

    Our lawyers will openly discuss all the details of your retainer with our office. There are no hidden fees that you can expect.

  • Are there time limits that I must adhere to?

    In Ontario, there are strict time limits which must be followed and a claim must be commenced within a certain time frame. In order to preserve your rights, it is crucial for you to have one of our lawyers meet with you as soon as possible in order to critically assess your case.

    We are compassionate to your needs and if you are unable to travel to one of our office locations due to your injuries, we will personally meet with you in the hospital or at your home. It is important for a lawyer to review your claim as early as possible.

  • Do I have to attend court?"

    Since the majority of cases are resolved through mediation and settlement conferences, the vast majority of our clients never have to attend court.

    All of the legal aspects of your claim will be handled by our experienced lawyers, and you will only have to attend court if you choose to proceed to a trial.

  • I have been handling my claim on my own and I have been denied benefits. What should I do?

    Although it is never advisable to take on a claim without experienced legal counsel given the complexities of the Insurance Act and motor vehicle accident law in general, it is recommended that you speak with a lawyer immediately to ensure that no strict timelines are missed and in order to preserve your rights to a claim.

    We have handled numerous cases from the beginnings of a file to those where we have taken over files from an unrepresented individual mid-way through their case. In some circumstances, our firm has had to take carriage of files previously handled by other lawyers for different reasons. Contact us to discuss your case today.

Wills and Estates FAQs
  • Do I really need a Will in Ontario?

    If you do not have a Will in Ontario, you cannot select the executor who will administer your estate, and the person to fill this role will be appointment by the court. In addition you cannot select the beneficiaries of your estate, as Provincial legislation dictates who will inherit instead. For example, if you have a Common Law Spouse, or same sex partner, he or she will not be considered your spouse for the purpose of dividing your assets upon final death.

    In addition, if you do not have a Will, and your children are under the age of 18, the children's shares are paid into the court and held there until the children attain the legal age of majority. Thus, the children will only take their shares at 18, whether or not they are mature enough to receive it. Without a properly drafted Will, there is no flexibility to set up trusts for your child, or considerations as to special needs or capacity.

  • What is the Purpose of a Will?

    The purpose of a Will is to provide for the orderly distribution of your assets upon your final death. Therefore, it is important that you identify all of your assets as well as your liabilities when considering your Will.

    By considering the above, this enables you to determine with some certainty, the net value of your estate which will in turn be distributed amongst your beneficiaries.

  • What are the types of distributions for my estate?

    There is the "immediate distribution" of your estate. After all payments of debts and liabilities are properly dealt with, then your personal effects and any payments of cash legacies may be distributed to your beneficiaries.

    You may also set up a trust. Clients are often concerned that an immediate distribution to a beneficiary is not in the best interest of the estate or the beneficiary. A surviving spouse may not be able to manage the estate without assistance, for example. Or, a parent may been that their 18 year old child may not be mature enough to handle a large sum of money.

Articles
Criminal Law
  • Assaults and Domestic Assaults

    Being charged with an assault charge may be shocking and devastating to anyone. Assaults are defined under section 265 of the Criminal Code of Canada. Some assault allegations differ in seriousness and may include domestic or spousal assault, assault with a weapon, assault causing bodily harm, aggravated assault, assaulting a peace officer, or even sexual assault, sexual assault with a weapon, or aggravated assault. Depending on the type of assault charge, the Crown Attorney usually proceeds with a zero tolerance attitude and pursues the assault charge with vigor. Domestic assault charges are considered serious in nature since domestic violence is given zero tolerance and prosecuted intensely by the Crown Attorney’s office.

    Simple assault is defined by section 265, as: “(1) a person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.” Under section 266, “Every one who commits an assault is guilty of (a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction.”

    Since some assault charges may carry a jail sentence, our team of criminal defence lawyers work effortlessly to ensure the best outcome for your particular case.

    The best strategy against a charge of assault is to hire a criminal lawyer who is experienced in defending all assault charges. Our lawyers work as a team in defending assault cases and we have been successful in our defence strategy to get our clients the results they want and deserve.

    Our criminal trial lawyers represent assault charges in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

  • Criminal Harassment

    Assault is found in the Criminal Code of Canada, under section 264. (1) Criminal harassment - No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonable, in all circumstances, to fear for their safety or the safety of anyone known to them. The conduct mentioned in subsection (1) consists of repeatedly following from place to place the other person or anyone known to them; (a) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; (b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them; (c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, c arries on a business or happens to be; or (d) engaging in threatening conduct directed at the other person or any member of their family.

    The types of behaviours that consitute criminal harassment include: repeated telephone calls, letters or stealing mail, repeated emails, threatening or obscene emails content or texts, spamming or live chat messages; sending unwanted gifts; attending a location uninvited at work or to a home; following, watching or tracking another individual; threatening to harm, harming or harassing the person being stalked or their friends, colleagues, family or pets; vandalizing a car or property; assault (physical, sexual or emotional); kidnapping or holding someone hostage.

    Our team of experienced criminal lawyers are available for a free consultation and service the greater Toronto area, including Mississauga, Brampton, Oakville, Burlington, Hamilton, Newmarket, Orangeville, Oshawa, Barrie, Collingwood and Wasaga Beach.

  • Understanding bail court in Ontario

    The court may give written permission to the charged individual to allow them to be out of jail pending their trial (or some other result in their case, such as a guilty plea or withdrawal of their charge). During a bail hearing, the Crown will initially read in the allegations to the court. Next, the accused's lawyer or duty counsel has an opportunity to present evidence. This is usually done by having the accused and/or a potential surety testify as a witness. The main objective of the accused's lawyer or duty counsel is to convince the court that the accused will follow and obey the court's bail conditions on their own or together with a surety who will supervise them, if they are to be released. After arguments are made by both sides, the judge or justice of the peace will then have to decide whether to release the accused out on bail, or to keep them in jail while they will then await for their trial, or some other result. Sometimes, the accused will have to deposit money with the court to get out on bail. This is true when the accused does not live in Ontario, or lives 200 km or more from the place they are in jail. Yet, most courthouses will commonly have the accused or their surety promise to pay an amount of money to the court (without a deposit, known as a "recognizance.") If the accused subsequently breaks one of his or her bail conditions, or if he/she does not show up to court when they are supposed to, then the accused and/or their surety may lose some or all of the money they had initially promised to pay to the court by signing the recognizance. Remember, a surety should have no criminal record; be over age 21; an ability to supervise the accused as required by the court; an amount of money that can be shown to the court as a security deposit of their promise; and must be able to attend court on the date provided and be ready to give a statement in court about their willingness to be a surety.

    Some examples of bail conditions include (depending on the charge and criminal history of the accused): Not to reside with the alleged 'victim'; Not to have any verbal or physical contact with the alleged 'victim'; Not to go within 20km of a particular location, or not to attend at the alleged 'victim's home, school or workplace; Not to carry any weapons; a curfew; etc. Sometimes bail conditions can be changed depending on the charge and circumstances. This is called a "bail variation". Speak to your lawyer regarding having certain conditions varied upon agreement with the Crown. At times, your lawyer will have to apply to a higher court for review and obtain an order for consent of the changes requested. If you have conditions that are onerous or burdensome, you should speak to your lawyer about this. .

  • Weapons charges and the Criminal Code of Canada

    Firearms and other weapon offences is set out in Part III of the Criminal Code. The following sections of the Criminal Code govern the below Offences:

    Use of Firearm in Commission of an Offence (s.85); Unsafe Storage of a Firearm (s.86); Pointing a Firearm (s.87); Possession of a Weapon for a Dangerous Purpose (s.88); Carrying a Concealed Weapon (s.90); Unauthorized Possession of a Firearm (s.91); Possession of Unauthorized Firearm (s.92); Possession of a Restricted or Prohibited Firearm (s.95); Weapons Trafficking (ss. 99, 100); Possession of a Weapon Contrary to an Order (s.117.01).

  • Uttering Threats

    Our criminal trial lawyers represent assault charges in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

    Our lawyers have extensive experience defending utter threat charges. Our criminal trial lawyers represent uttering threats charges in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

    In order to be convicted of uttering threats, there are a number of things that the Crown must prove. First, the threat must have been made knowingly; second, the person who is accused of making the threat was aware of the meaning of the words and what they convey; and, that the threat was made to be serious. Consequently, there is no requirement for the Crown to prove that the individual had a motive, or that the person was actually capable of carrying out the threat.

  • What are my rights if I am detained by the police?

    If you have been detained by the police, you have certain rights granted by The Charter of Rights and Freedoms, which is part of the Canadian Constitution. There are certain things that the police must inform you of if you are detained. The police must tell you the reason why you have been arrested, that you have an immediate right to speak to a lawyer, that you are entitled to free legal advice through Legal Aid Ontario, and tell you that you are allowed to speak to a lawyer in private and as soon as possible if you ask to do so.

    If you are under 18 years of age, you also have the right to contact your parents or a guardian, and to have them with you when you talk to the police. This right is in addition to your right to speak to a lawyer.

  • What constitutes Identity Theft?

    Under the Criminal Code, identity theft can be found under section 402.2(1). This section holds that everyone who commits an offence who knowingly obtains or possesses another person's identity information in circumstances giving rise to a reasonable inference that the information is intended to be used to commit an indictable Offence that includes fraud, deceit or falsehood as an element of the Offence. Subsection 2 further makes it an offence where someone transmits, makes available, distributes, sells, or offers for sale another person's identity information, or has it in their possession for any of those purposes, knowing that or being reckless as to whether the information will be used to commit an indictable Offence that includes fraud, deceit or falsehood as an element of the Offence.

    In addition to the above section, the following sections are considered indictable offences: Section 57 forgery or uttering a forged passport; Section 58 fraudulent use of certificate of citizenship; Section 130 personating a peace officer; Section 131 perjury.

  • Section 380 of the Criminal Code makes Fraud an Offence

    Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service, (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars.

    The offence of fraud actually falls under the category of deprivation and dishonesty, as it is not really defined by the Code. The Crown has the burden of proving that something of value was owned by the complainant; that they were deprived of it; that the deprivation was from deceit or falsehood; and, that the accused did have the intention to deprive or know that their conduct would have deprived.

  • Driving Offences

    Some driving offences include: dangerous driving; fleeing from police; street racing; failing to stop at the scene of an accident, drive or care or control while impaired or Over 80 mgs; DWI; DUI; refuse or fail to provide a breath or blood sample; refuse with demand; driving Over 80 mgs; refusing breath sample; impaired driving; drive disqualified; criminal negligence; as well as other driving offences.

    Driving offences include penalties of license suspensions, so if you require your license, it is of utmost importance to consult with our criminal defence lawyers today. There are time sensitive issues attached to a driving offence, and it is important to have an experienced lawyer involved prior to your first court appearance.

    There may be mandatory minimum sentences involved with your driving offence, and it is vital to have a lawyer discuss your driving charges with the Crown Attorney in order to determine any possible alternatives.

    Drinking and driving offences are the most litigated offences and can become complicated depending on the issues involved. In a trial, the Crown Attorney only needs to prove any degree of impairment of the person’s ability to drive.

  • Impaired Driving Offences

    Section 253(1)(a) states that it is illegal to operate a motor vehicle or vessel or operate or assist in the operation of an aircraft or railway equipment, or to have care or control of a motor vehicle, vessel, aircraft, or railway equipment, while that person's ability to operate is impaired by the alcohol, drugs, or a combination of the two. Section 214 of the Code defines 'vessel' to include "a machine designed to derive support in the atmosphere primarily from reactions against the earth's surface of air expelled from the machine". Section 253(1)(b) states that it illegal to operate a motor vehicle or vessel or operate or assist in the operation of an aircraft or railway equipment, or to have care or control of a motor vehicle, vessel, aircraft, or railway equipment, while that person's blood alcohol concentration (BAC) is in excess of 0.08 percent / or 80 milligrams of alcohol in 100 millilitres of blood. In essence, a person does not actually have to be driving/operating their vehicle in Canada to be charged with a drinking and driving offence. If you are intoxicated and are in 'care and control' of your vehicle, it is possible to be charged.

    R v. Wren (2000) 144 C.C.C. (3d) 374 (Ont C.A.) held that care and control can be defined as whether a person has taken any acts that could cause the vehicle to become a danger whether by putting it in motion or by some other way. Therefore, if a person is found to be sitting in the drivers seat of a vehicle, they are presumed to be in care and control of it. The presumption may be rebutted if the person is able to show on a balance of probabilities that at the time the person occupied the seat he or she did not occupy the seat for the purpose of putting the vehicle in motion. (Section 258). The Crown may still be able to prove beyond a reasonable doubt that the person met the traditional definition of care or control.

    The minimum sentences are: First offence = a $1000 fine and a 12-month driving prohibition; Second offence = 30 days of jail and a 24-month driving prohibition; and, Third or subsequent offence = 120 days of jail and a 36-month driving prohibition. Call our office if you have questions about the Ministry of Transportation's BACK ON TRACK program, or to inquire about Ignition Interlock devices.

    Call an experienced lawyer to discuss the circumstances of your case. There may be various triable issues, such as whether the sceening device used was approved as an instrument or not, or whether you were read your rights to counsel.

  • Traffic Tickets and Demerit Points

    Accumulation of demerit points in Ontario on your Drivers Licence and those tickets registered against your driving record, will have serious consquences for your insurance premiums.

    The following information may be helpful to understand how demerit points are applied:

    7 demerit points for: failing to remain at the scene of a collision or failing to stop when signaled or asked by a police officer;

    6 demerit points for: careless driving, racing, failing to stop for a school bus, and/or exceeding speed limits by 50 kilometers or more

    5 demerit points for: failing to stop at an unprotected rail cross (bus driver)

    4 demerit points for: speeding over the limit by 30 kilometers to 49 kilometers; and following too close

    3 demerit points for: speeding over the limit by 16-29 kilometers; driving through or under a railway cross barrier; driving on the wrong side of a divided road; driving on a closed road; failing to yield the right-of-way; failing to obey a stop sign, traffic control slow or stop sign, traffic light or rail cross light; failing to obey directions of a police officer; failing to report a collision to a police officer; failing to slow and carefully pass a stopped emergency vehicle; failing to move, where possible, into another lane when passing a stopped emergency vehicle; improper passing; imporper driving when road is divided into lanes; improper use of a high occupancy vehicle lane; going the wrong way on a one-way road; crossing a divided road where no crossing is provided; and, crowding the driver's seat.

    2 demerit points for: improper right or left turn; improper opening of vehicle door; prohibited turns; towing people on tobogans, bicycles or skis; unecessary slow driving; back on a highway; failing to lower headlamp beams; failing to obey signs; failing to stop at a pedestrian crossing; failing to share the road; failing to signal; driver failing to wear a seat belt; driver failing to ensure infant or child passenger is properly seated in a child booster seat or restraint; driver failing to ensure that a passenger less than 23 kg is secure; driver failing to ensure that passenger 16 years or under is wearing a seat belt.

  • What is the charge of Sexual Interference?

    Sexual interference is governed under section 151 of the Criminal Code of Canada. It states that "every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years old".

    Sexual offences against minors are very serious charges. Depending on the circumstance, the Crown may elect to pursue your case as an indictable offence where the term of imprisonment is not more than 10 years, but a minimum term of 1 year. Or, they may elect a summary election, whereby the term of imprisonment must not exceed more than 18 months, but a minimum of 90 days jail. Contact our office for a free consultation so that we may assess the particulars of your case and defend your rights fully.

  • Sexual Offences

    A charge relating to a sexual offence can cause significant hardship if you are found guilty, including the stigma that may arise out of such convictions, as well as the mandatory court orders that follow a conviction. If you have been charged with a sexual offence, you need to be confident that you hire the right criminal lawyers to handle your case. Sexual assault is a serious criminal offence in Canada. Sexual assault is defined as an assault, but an assault which is committed in a sexual manner whereby the integrity of the victim is violated. The sexual nature is determined by the courts by words, gestures, motive, part of body touched, the nature of the contact and the situation and circumstances in which the conduct occurred. In order for the Crown Attorney to prove sexual assault cases, they must prove beyond a reasonable doubt that there was no ‘consent’ of the sexual activity between the parties. Consent may be determined by words, conduct, and the reasonable steps taken to ascertain consent of the complainant.

    Some other sexual offences include: Sexual interference and invitation to sexual touching. Sexual interference makes it an offence to touch a person or child less than 16 years of age for a sexual purpose with a body part or object. Invitation to sexual touching makes it an offence for a person under 16 years old to touch another person’s body parts for a sexual purpose.

    If you have been charged with sexual assault or a sexual offence related charge, contact our team of experienced trial lawyers to defend your case today. We have experience defending sexual assault cases and we will work vigorously to ensure your case is our priority.

    Our lawyers have extensive experience defending sexual assault charges. Our criminal trial lawyers represent sexual assault charges in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

  • Common Criminal Terms?

    Bail: decribed by the Criminal Code as judicial interim release, a court order permitting the release from custody of an accused person pending trial, or of a convicted person pending appeal.

    Concurrent Sentence: Sentences for difference offences that are served at the same time, rather than consecutively.

    Long-term Offender: An offender convicted of several offences who has shown a pattern of repetitive behaviour that shows a likelihood of future dangerousness or future harm, often of a sexual nature.

    Probation: A court order made as part of a sentence requiring the accused, in lieu of or in addition to a fine or term of imprisonment, to keep the peace and be of good behaviour and do such other things as the court requires.

    Recognizance: A bail document signed by the accused and sureties stating the terms and conditions upon which the accused is being released.

    Surety: In criminal law, this is a person who, with or without being required to post cash or security, ensures that an accused released under their watch will appear for trial or his/her next scheduled court dates and contact the police on the accused if any orders are not followed.

  • Courthouse Locations

    BARRIE COURTHOUSE - 75 Mulcaster Street L4M 3P2

    BELLEVILLE COURTHOUSE - 15 Victoria Avenue K8N 1Z5

    BRACEBRIDGE (MUSKOKA DISTRICT) COURTHOUSE - 3 Dominion St. P1L 2E6

    BRADFORD (WEST GWILLIMBURY) COURTHOUSE - 57 Holland St. E. L3Z 1H8

    BRAMPTON (A. GRENVILLE & WILLIAM DAVIS) COURTHOUSE - 7755 Hurontario Street L6W 4T1

    BURLINGTON COURTHOUSE - 2021 Plains Rd. E. L7R 4M3

    CAMBRIDGE COURTHOUSE - 89 Main St. N1R 1W1

    CAYUGA COURTHOUSE - 55 Munsee St. N. N0A 1E0

    COLLINGWOOD COURTHOUSE - 49 Huron St. L9Y 1C5

    GUELPH COURTHOUSE - 36 Wyndham Street South N1H 7J5

    HAMILTON (JOHN SOPINKA) COURTHOUSE - 45 Main St. E. L8N 2B7

    KITCHENER COURTHOUSE - 200 Frederick St. N2H 6P1

    KITCHENER (COUNTY OF WATERLOO) COURTHOUSE - 20 Weber St. E. N2H 1C3

    LONDON COURTHOUSE - 80 Dundas St. N6A 6A3

    MILTON COURTHOUSE - 491 Steeles Ave E. L9T 1Y7

    NEWMARKET COURTHOUSE - 50 Eagle St. W. L3Y 6B1

    ORANGEVILLE (COUNTY OF DUFFERIN) COURTHOUSE - 10 Louisa St. L9W 3P9

    OSHAWA (DURHAM REGION) COURTHOUSE - 150 Bond Street East L1G 0A2

    TORONTO COURTHOUSE - 311 Jarvis St. M5B 2C4

    OSGOODE HALL - 130 Queen St. West M5H 2N5

    TORONTO COURTHOUSE - 361 University Ave. M5G 1T3

    TORONTO COURTHOUSE - 1911 Eglinton Ave East M1L 4P4

    TORONTO COURTHOUSE - 47 Sheppard Ave. East M2N 5N1

    TORONTO COURTHOUSE - 444 Yonge St., College Park -2nd Fl. M5B 2H4

    TORONTO COURTHOUSE - 1000 Finch Ave. West M3J 2V5

    TORONTO COURTHOUSE - 2201 Finch Ave. West M9M 2Y9

    TORONTO COURTHOUSE - 60 Queen St. W. Old City Hall M5H 2M4

  • Charged with a Criminal Offence in Mississauga?

    If you have been charged with a criminal offence in Missisauga or Peel Region, your case is most likely be heard in the Brampton courthouse.

    Our Mississauga lawyers often appear at the Brampton courthouse, however our firm assists those charged throughout southwestern Ontario.

  • Charged With Theft?

    A charge of theft can be detrimental to one’s ability to obtain and maintain employment since a vast amount of employers require criminal background checks as a prerequisite to employment.

    Section 322 of the Criminal Code of Canada governs theft and states: “(1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent (a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it; (b) to pledge it or deposit it as security; (c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or (d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.”

    Theft is completed when “(2) A person commits theft when, with intent to steal anything, he moves it or causes it to move or to be moved, or begins to cause it to become movable.”

    Theft becomes much more serious where there is a breach of trust involved. A breach of trust occurs where a person violates a fiduciary duty, such as when an employee steals or defrauds an employer.

    Theft charges usually involve retail theft, such as shoplifting and price-switching. A shoplifting charge will be prosecuted by the Crown Attorney’s office, unless a criminal defence lawyer can negotiate diversion on your behalf, or other alternatives to a conviction. Contact our office to determine whether your theft charge can be negotiated to receive diversion in order to not have a criminal record. After diversion is completed, your theft charge will be withdrawn.

    A typical defence to a charge of theft would be that the property was paid for; the property was given to you; you had an honest but mistaken belief that the property was yours (colour of right); or an honest but mistaken belief that you still had possession of the property. A criminal lawyer can determine your best defence in defending your particular theft charge.

    The Criminal Code of Canada provides a range of sentences for theft cases, which depends on the value of the stolen item(s) and the circumstances surrounding the theft.

    Theft Under $5,000 is a hybrid offence, meaning the Crown Attorney can elect to proceed summarily or by indictment. Theft Over $5,000 is a straight indictable offence with a maximum penalty of ten years in prison. Section 334 states that: “except where otherwise provided by law, everyone who commits theft (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the property stolen is a testamentary instrument or the value of what is stolen exceeds five thousand dollars; or (b) is guilty (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction, where the value of what is stolen does not exceed five thousand dollars.”

    Our lawyers have extensive experience defending theft charges. We have achieved results which have included a complete withdrawal of all theft charges. Our criminal trial lawyers represent theft charges in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

  • Charged With Fraud?

    A charge of Fraud Over $5000 and Fraud Under $5000 depends on the value defrauded.

    Fraud is defined by section 380 (1) of the Criminal Code of Canada. It states: “Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service, (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or (b) is guilty (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction, where the value of the subject-matter of the offence does not exceed five thousand dollars.”

    The basic definition of fraud includes elements of deceit and deprivation.

    Contact our office today to discuss your fraud charges. By hiring our office, you entrust a team of lawyers with experience in handling and defending fraud charges. Our criminal trial lawyers have extensive experience defending fraud charges. Our criminal trial lawyers represent fraud charges in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

  • Charged With Mischief?

    Mischief is defined by section 430(1) of the Criminal Code of Canada. It states that “Every one commits mischief who wilfully (a) destroys or damages property; (b) renders property dangerous, useless, inoperative or ineffective; (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.”

    Everyone who commits mischief that causes actual danger to life is guilty of an indictable offence and liable to imprisonment for life. Everyone who commits mischief in relation to property that is a testamentary instrument or the value of which exceeds $5000 is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or is guilty of an offence punishable on summary conviction.

    Mischief includes where the value or usefulness of property has been impaired, even temporarily impaired. Our criminal trial lawyers have extensive experience defending mischief charges. Our criminal trial lawyers represent mischief charges in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

  • Child Pornography Charges

    Possession of child pornography involves the exploitation of children for sexual gratification.

    The law includes sexual images involving very young children and minors. Possession of child pornography and distribution of child pornography are very serious charges in Canada. At times, the stigma related to these charges may be grim and even include media coverage. It is important to hire a criminal lawyer immediately due to the devastating impact a charge of this nature may carry.

    Child pornography is defined by section 163.1 (1). In this section, “child pornography” means (a) a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, (i) that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or (ii) the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years; (b) any written material, visual representation or audio recording that advocates or counsels sexual activity with a person under the age of eighteen years that would be an offence under this Act; (c) any written material whose dominant characteristic is the description, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act; or (d) any audio recording that has as its dominant characteristic the description, presentation or representation, for a sexual purpose, of sexual activity with a person under the age of eighteen years that would be an offence under this Act.”

    Our criminal trial lawyers have extensive experience defending child pornography charges. Our criminal trial lawyers represent child pornography charges in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

  • Marijuana Charges, Cocaine, Ecstasy, Ketamine, Hashish, Other Drug Charges

    In a drug case, the prosecutor must prove that the nature of the susbtance that is alleged to be an illegal drug is actually an illegal drug as defined by the Controlled Drugs and Substances Act. The Crown will commonly request a "Certificate of Analysis". A qualified Health Canada Analyst is required in order to prove a drug to be illegal.

    If the Crown only has a police officer to testify that the item in question looked like an illegal substance, and the Crown neglects to tender the drug analysis certificate, then this may result in an acquittal of your charge.

    There are several other factos that the Crown must prove, such as whether the accused was in legal possession of the illicit drug. Possession of drugs is when a person has illegal drugs in their actual possession or custody of another person; has it in any place, whether or not that place belongs to or is occupied by the person, for the use or benefit of himself or another person; and, where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be determined to be in the custody and possession of each and all of them. Call our office to discuss whether there are significant factors in your case that must be defended. For example, if you were the victim of an unreasonable search or seizure.

  • Drug Offences

    If you have been charged with a drug offence, there are important rights that you must be aware of. Some drug offences may include simple possession charges; possession for the purpose of trafficking charges; grow-op or production/manufacturing drugs charges; and even importing drugs. The majority of these drug charges stem from Schedule I drugs such as opium, codeine, morphine, amphetamines and methamphetamines (including crystal meth), heroin, oxycodone, ketamine, cocaine, etc. The drugs under Schedule II include cannabis marij(h)uana. Schedule III drugs include LSD, DET, DMT, Ritalin, etc.

    Possession of drugs may be treated as indictable offences. The penalty for a Schedule I drug is a maximum of 7 years imprisonment; for a Schedule II drug it is a maximum of 5 years imprisonment; and Schedule III is a maximum of 3 years imprisonment. This requires a prescription or license to possess it legally.

    Trafficking drug charges may be treated as indictable offences and if amounts exceed what is set out in Schedule VII (over 1kg), there are mandatory minimums of imprisonment to deal with.

    Our criminal trial lawyers have extensive experience defending drug charges. Our criminal trial lawyers represent drug charges in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

  • Young Persons Charged

    Charges under the Youth Criminal Justice Act can be especially difficult for the parents of the young person who is charged with an offence. The courts want young persons to learn from their mistakes and ultimately deter such behaviour for the future. In order to achieve this at times, the Crown Attorney may seek to place the young person in a youth facility with resources available and aimed at rehabilitation. Of course, a lawyer who commonly represents young persons facing a criminal charge are able to routinely negotiate alternatives to such an outcome. Our team of criminal lawyers work closely with the young persons charged and their parents or guardians in order to achieve the results that adhere to the young person’s best interests. Our lawyers have worked with young persons in the past, having been directly involved with local youth sports organizations.

    Our criminal trial lawyers have extensive experience defending youth charges. Our criminal trial lawyers represent young persons charged in Peel Region including Mississauga, Brampton, and Halton Region including Milton, Oakville, Burlington, as well as Orangeville, Newmarket, Hamilton, Collingwood, and the greater Toronto area and across Southwestern Ontario. Call our criminal lawyers today for a free 30-minute telephone consultation to have a lawyer personally review your case.

Personal Injury
  • Have you been involved in a serious motor vehicle accident?

    At Scardicchio Law Office, we understand that a serious accident can be devastating and long lasting to you and your family. We are dedicated to serving our clients and their families who have suffered serious personal injuries. We concentrate our practice on helping injured people who are involved in car accidents, motorcycle accidents, slip and fall accidents, and accidents resulting in medical malpractice. We additionally concentrate on claims where someone has sustained a brain injury or a spinal cord injury. We also deal with accident benefit claims, long-term disability claims, and claims resulting from wrongful death. Understanding that financial compensation, benefits, and the best legal care are very important to our clients, their families and loved ones, we at Scardicchio Law Office are dedicated to closely working with clients for the best possible outcome and protection of their legal rights.

    If you, a member of your family, or a loved one, have been injured in a car accident you need to speak with a lawyer about protecting your legal rights, obtaining accident benefits, and dealing with insurance companies. At Scardicchio Law Office, we ca help you obtain the benefits and compensation you may be entitled to. In Ontario, there may be two sources of compensation available to you when you are involved in a motor vehicle accident. There are strict time limits that must be carefully met when filing a claim. The two potential sources of compensation arise from a claim against your accident benefits insurer, who is usually your own automobile insurance company, and filing a tort claim, which is a claim against the at-fault driver who caused the accident. We will advocate on your behalf to obtain maximum compensation on your file. Clients can expect thorough legal experience along with personalized service to meet each and every need. The automobile insurance industry is quite complicated. If you would like a complimentary consultation to review your potential claim, please call us today.

  • I was involved in a motorcycle accident, what are my rights?

    The law on motorcycle accidents is very similar to motor vehicle accidents. When dealing with a motorcycle accident, you need to consult with a lawyer who is aware of the distinct and serious injuries that can be caused by a person who is involved in a motorcycle accident. The forces of impact are distinct and can be quite severe when sustained in a motorcycle accident. At Scardicchio Law Office, we deal with quite complicated accidents and will advocate on your behalf to obtain maximum compensation.

  • Slip and Fall Accident and Occupier's Liability

    If you were injured by a slip, trip, or fall because of ice or snow, water, a hidden hazard, or poor lighting on another's property, then you may be entitled to financial compensation for your pain and suffering and compensation for other financial loss that may have been incurred. Claims made arising from these types of accidents concern the duties and responsibilities of persons who own or occupy a property.

    These accidents, and resulting injuries, can occur on both public and private property and result from the owner's or occupier's negligence. These claims commonly occur at, but are not limited to, private homes, shopping malls, public sidewalks and other municipal property, office buildings, restaurants, bars and nightclubs, and construction sites. An analysis of applicable insurance policies, as well as waivers, lease and property management agreements, and applicable by-laws and regulations must be made by a qualified and experienced lawyer to ensure that there are no barriers to commencing an action before beginning litigation.

  • Medical Malpractice Lawsuits

    Medical malpractice can occur when a health care facility or physician fails to diagnose and properly treat a medical condition, or provide their patient with proper warning of the risks associated with undergoing any treatment or operation that causes or aggravates any injury or caused death.

    These cases may include, but are not limited to, failure or delay in the diagnosis and or treatment of the disease process; a surgical or anesthesia related injury during an operation; failure to gain proper consent or to properly inform patients of potential risks or side effects; obstetric or paediatric issues; defective or poorly manufactured medical devices, prosthetics, implants, or assistance devices; use of dangerous or negligently prescribed medications; or wrongful death.

    Since medical malpractice cases are extremely difficult to prove due to their nature, Scardicchio Law Office will quickly and effectively determine whether you have an actionable case before beginning complex litigation to pursue recovery. In these types of cases, it is vital for clients to maintain records, including dates, names of doctors and or other treaters, symptoms, and conversations with treatment providers as well as the nature of any treatment received. Call us today so we can discuss whether or not it is appropriate to retain a medical expert in the relevant field in order to receive a qualified opinion as to whether the appropriate standard of care was administered.

  • Nursing Home Neglect Cases

    If you or a loved one have sustained an injury or an untimely death as a result of negligence arising from a nursing home or long-term care facility, please call us to discuss your next steps.

    These accidents, and resulting injuries, can occur on both public and private property and result from the owner's or occupier's negligence. These claims commonly occur at, but are not limited to, private homes, shopping malls, public sidewalks and other municipal property, office buildings, restaurants, bars and nightclubs, and construction sites. An analysis of applicable insurance policies, as well as waivers, lease and property management agreements, and applicable by-laws and regulations must be made by a qualified and experienced lawyer to ensure that there are no barriers to commencing an action before beginning litigation.

  • Time Limits to Adhere to

    You must notify your Accident Benefits Insurer within 7 days of your car accident.

    In 30 days you must make a claim for your Accident Benefits.

    You must begin a tort claim against the party/parties who are at-fault for the accident within 2 years of the date of your accident.

    You must notify the city in writing within 10 days of a slip and fall accident claim on municipal property.

  • Brain Injuries and Spinal Cord Injuries

    Spinal Cord injuries can have serious detrimental affects on an individual's life and livelihood. Injuries to a person's spinal cord can include reduction of feeling or sensation below the level of injury, or can involve a compression which results in a loss of bowel or bladder function or even a complete loss of movement in the torso or limbs.

    Accidents causing Paraplegia are serious. Often an injury of this nature will result in a loss of sensation and functioning of the legs and lower trunk, sexual functioning, or bowel or bladder functions. Paralysis may also ensue and can vary depending on where the injury occurred on the spinal cord and its seriousness of damage. A serious loss of sensation and impairment of motor functions to one or both legs, arms, hands or abdomen will limit your life in a serious way. This is a dangerous area of the body, as the bottom of the spinal cord in the lower lumbar and sacral regions fan out. This is called "cauda equina" and damage to this are of the body affect nerve functioning and may inhibit normal recovery.

    Quadriplegia may also be caused by a serious accident. This occurs when there is an impairment to the cervical spine, also known as tetraplegia giving rise to paralysis of all four limbs or even the entire body below the neck area. A spine with a C1, C2 or C3 injury may cause complete paralysis, with only some head movement.

    Some other spinal cord injuries include: postural (orthostatic) hypotension; bladder and bowel dysfunction; osteoporosis; heterotopic ossification; deep vein thrombosis; cardiovascular disease; anterior, posterior or central cord syndrome; brown sequard syndrome; bony dysfunction; respiratory issues such as pneumonia, atelectasis or collapsed lung, aspiration, or restrictive lung disease, and spasticity.

    Our team of experienced lawyers are here to speak to you 24-hours a day if you have questions about your accident and medical condition. At Scardicchio Law Office PC, we understand the importance of strong advocacy for those who deserve financial compensation for a serious loss of a body or function. Call us today and speak to a lawyer in your area. You pay absolutely no fees.

    Visit the Spinal Cord Injury of Ontario website
  • Download Your Accident Benefit Forms
FEES
  • CRIMINAL LAW

    Each and every criminal case is different. In order to determine the cost of defending your case, a number of factors must be observed such as the nature and complexity of the issue and the legal objective. Fees are always set out in writing and our firm will generally bill on a BLOCK-FEE basis (not hourly). Block-fee billing provides our clients with certainty about their legal expenses.

    • Block-fee billing
    • Payment plans available
    • Legal Aid Certificates accepted
    • Payment methods: Cash, Visa, Debit, Mastercard, Certified Cheques, Money Orders
    • *We promote Access to Justice
  • Personal Injury

    A Contingency fee retainer agreement, or depending on your specific case, an hourly rate, will be discussed during your complimentary free consultation. Call us 24 hours/ 7 days a week.

    • Contingency Fee
    • Hourly rates on select cases
    • Free Consultation









  • WILLS AND ESTATES

    Prices will vary depending on the complexity of your matter.

    • Last Will & Testament (single) $425.00 + HST
    • (husband and wife) $550.00 + HST
    • Codicil to Last Will $350.00 + HST
    • Power of Attorney Personal Care $75.00 + HST
    • Continuing Power of Attorney $75.00 + HST










  • BUSINESS LAW

    Prices vary depending on the complexity of the matter. Additional fees are applied based on the disbursements below:

    • Search Costs
    • Registration Costs
    • Ministry filing fees
  • FAMILY LAW

    Prices vary depending on the nature of your case.

    • 30 minute Consultation - $150.00 + HST
    • Uncontested Divorce - $2150.00 + HST
    • Contested Divorce - contact us directly
  • NOTARY SERVICES

    We are conveniently available for notorization services. Please contact our office to schedule an appointment. Some weekend appointments may be available depending on your matter.

    • Notorization - $75.00 + HST
    • Commissioning of Affidavit - $75.00 + HST
    • Statutory Declarations - $50.00 - $95.00 + HST
    • Drafting Affidavits - starting from $120.00 and up + HST
    • Consent to Travel Documents - $65.00
    • Disbursements will vary on each notary service.
Careers

Please note that all inquiries should be made between Monday to Friday from 9:00 am to 5:00 pm.

Legal Staff

Currently, we do not have any positions available.

Associates

Currently, we do not have any positions available.

Students

Currently, we do not have any student positions.

Periodically, we may accept applications for law student and paralegal student volunteers. Please mail your resume to the attention of "Student Recruitment Committee".

Your resume will stay on file for 6 months.

Newsletters
CONTACT US









DISCLAIMER: The use of the Internet for communications with the firm will not establish a lawyer-client relationship and messages containing confidential or time-sensitive information should not be sent.
MISSISSAUGA OFFICE

151 City Centre Dr.

Suite 201

Mississauga, ON L5B 1M7

Canada

Direct (647) 607-7529

Local (905) 593-0499

Fax (647) 693-7500

BRAMPTON LOCATION

2 County Court Blvd.

4th Floor

Brampton, ON L6W 3W8

Canada

Direct (647) 607-7529

Local (905) 593-0499

Fax (647) 693-7500

OAKVILLE LOCATION

2275 Upper Middle Road E.

Suite 101

Oakville, ON L6H 0C3

Canada

Direct (647) 607-7529

Local (905) 593-0499

Fax (647) 693-7500

OFFICE HOURS

We are available 24 hours/7 days a week for Criminal/Personal Injury only.

Monday: 8am to 6pm

Tuesday: 8am to 6pm

Wednesday: 8am to 6pm

Thursday: 8am to 6pm

Friday: 8am to 6pm

Saturday: By Appointment Only

Sunday: By Appointment Only

Social