Miriam Vale Peters
Email: mvp@kmhlawyers.ca
Phone: (613) 733-3000 x 107
Fax: (613) 523-2924
About Miriam Vale Peters
Miriam Vale Peters is one of the firm’s partners and is an experienced trial and appellate lawyer. She enjoys a wide-ranging general litigation practice, which includes contractual and insurance disputes, real estate, employment and estate litigation including guardianship applications, power of attorney disputes and Will challenges.
Miriam frequently represents individuals and businesses at all levels of courts in Ontario and including the Supreme Court of Canada. Her goal is to find the most efficient, cost-effective and practical solution to every problem no matter how complicated or messy.
Before relocating to Ottawa, Miriam practised with a full-service law firm in Vancouver and a boutique litigation firm in Toronto. She is also a longstanding and frequent volunteer at Law Help Ontario.
Miriam provides legal services in the following areas:
Education
Bachelor of Journalism and History, Combined Honours, Carleton University, 1998
LL.B, Queen’s University, 2003
Admitted to the Law Society of British Columbia, 2004
Admitted to the Law Society of Upper Canada, 2007
Publications, Media & Speaking Engagements
“Bitter family feud pits multimillionaire landlord against his children” CBC News, February 2020
“Hikes to legal fees will hurt those who can least afford them” CBC News, March 2019
“Judge orders estate to pay damages in murder case” (Legal commentator) Law Times, June 2017
“Ontario Court of Appeal clarifies employment law on mitigation of damages” (Lawyer for the successful employee) The Lawyer’s Daily, July 2017
“Estates in joint names opens up problems” (Legal commentator) Law Times, October 2017
“McDonald’s loses appeal; fired manager to get more than $100,000 for wrongful dismissal”
“Ottawa grandmother wins $100k lawsuit after McDonald’s firing”
“Court rules former employee can keep income”
“Ottawa condo owners fight back with class action against builder” (Lawyer for the condo owners), CBC News, March 2017
“McDonald’s appeals six-figure settlement for fired manager who put company before her family“(Lawyer for the successful employee) Ottawa Citizen, April 2016
“Employee told to ‘take demotion or go’ gets $104,000 in wrongful dismissal“(Lawyer for the successful employee) Canadian Lawyer, March 2016
“Former Kanata McDonald’s manager who was ‘set up to fail’ wins six-figure settlement” (Lawyer for the successful employee) National Post, March 2016
“Where there is a Will Without Due Execution” 19th East Region Solicitors Conference, County of Carleton Law Association
Case Comment on Southcott Estates v.Toronto Catholic School Board, Civil Writes, CBA National Civil Litigation Section Newsletter
“Commercial Law 2012: The Latest Cases“, 32nd Annual Civil Litigation Conference, County of Carleton Law Association
“All in a Day with Alan Neal”, CBC Radio, Guest commentator on legal commentator on Stonebridge real estate dispute.
Legal commentator, CBC News on Golden Oaks investment scheme
Volunteer activities
Volunteer lawyer, Law Help Ontario
ASSISTANT:
Brenda Desjardins
(613) 733-3000 x 116
bdesjardins@kmhlawyers.ca
Miriam’s Recent Cases
- Court approves settlement of a claim by Estate Trustees
- Capacity to manage property and capacity to manage personal care is not dependent on a diagnosis of dementia in an elderly person
- House that was jointly held found to be part of Estate assets in spite of a trust declaration
- Payment from estate trustee to beneficiary for missing portion of the Estate
- Estate ordered to pay for expenses incurred
- Successful appeal to the Supreme Court of Canada in confirming the duty to act honestly in contractual relations
- Court of Appeal confirms last wishes of homeowner in family dispute
- Attorney for Property found to have mismanaged his late father’s affairs and is liable to the Estate for damages
- Estate Trustee During Litigation appropriate for high conflict estate
- Successful defence against a challenge to the distribution to an Estate
- Buyer who fails to close a real estate transaction ordered to pay more than $145,000 in damages to seller
- Estate Trustee During Litigation successfully appointed for high conflict Estate
- Power of Attorney ordered to account for period which he acted on behalf of his father
- Successful appeal against McDonald’s. Client awarded more than $100,000 in damages
- Class action against Ottawa condominium developer by new home owners for fraudulent and negligent misrepresentation
- Developer ordered to pay $50,000 costs in class action
- $80,000 award of damages against largest property management company in eastern Ontario that was found to be acting in bad faith
- Winning motion opposing an interlocutory injunction
- Appointment of Special Estate Trustee in situation of a Henson Trust
- Successful appeal by estate beneficiary against negligent Estate Trustees
- Won more than $100,000 in a wrongful dismissal claim for a long-term employee
- Security for costs awarded in mortgage enforcement action
- Secured house from sale in an estate litigation matter
- Acted against lawyers in an assessment of legal fees with more than $70,000 refunded to the client
- Appeal against lawyers to maintain a 50% reduction to their bill
- Claim by estate beneficiary against Estate Trustees and Trustees
- Judgment for possession of property in mortgage enforcement action
- Successful Adverse possession claim/“squatter’s rights” in a neighbour dispute
- Contested guardianship application for care of aging parent
- Summary judgment motion for aborted real estate transaction
- Challenge of validity of a power of attorney for personal care and property
- Summary judgment motion based on the expiration of the two-year limitation period
- Negligence and breach of contract claim against professional advisor and insurer
