No, we only take private retainers.
We have received many legal inquiries and questions over the years and to help others with the questions they may have concerning legal matters in Ontario, we have generated a list of the most common.
No, we only take private retainers.
Yes, you can extend it and you can stay longer in Canada.
Depending on your status in Canada there may be different alternatives to apply for Permanent Residency. Book a consultation with our immigration lawyer and we will be able to assist you better.
First you need to apply to a college or university of your choice. Once you have been issued a letter of acceptance and have paid the required installment for tuition, you can contact us to apply for a study permit. Remember that without a letter of acceptance from the institution of your choice you cannot be issued a study permit.
A study permit is issued depending on the duration of your program. Sometimes it will expire because of your passport, sometimes because perhaps you have not finished the program on time, or perhaps you have switched to part-time. Contact us and we will assist with extending your study permit.
Yes, you can. You may be eligible for a post graduate work permit depending on the institution you have studied at. Make sure to contact our office as soon as you graduate so that we can assist with the appropriate application.
Call our office today. Depending on you status you may be eligible to change or request a new status if you are within the 90 days period.
Unless you have been living together for one year and have a Statutory Declaration of Common Law Union notarized, you will not be eligible to sponsor. You can sponsor a common law partner. Contact us today and we will assist you with the process.
It is best to contact our lawyer right away so that we can discuss your case further. You may have a case for marriage of convenience.
If your common law/spouse is living with you in Canada , they are eligible for an open work permit which is valid for a year.
You may but the circumstances are very limited. If your potential employer is willing to apply for LMIA or is exempt from LMIA, you may be issued a work permit.
Yes, we do take on legal aid clients.
Call us right away and we will appear for a bail hearing. It is important to retain a lawyer at this stage to conduct the bail. On most occasions the Crown will ask that the accused be released on a surety so we will assist with preparing a release plan.
The best thing is to book a consultation with our criminal lawyer. We will be in a position to advise on your charge and the next necessary steps.. Depending on the nature of your charge, there is a possibility that the Crown will not proceed criminally.
Depending on the conditions and the nature of your case, we may be able to vary certain conditions of your bail provided that the Crown will agree to the suggested variation.
Depending on the position of the Crown on you matter your immigration status may get affected. Should you receive a sentence that is 6 months or more, then you may be faced with a deportation order.
There are various steps before a matter goes to trial. After full disclosure is provided, your counsel will have pre-trial discussions with the Crown and Judicial Pre-trials if necessary. Most matters are resolved prior to reaching the trial stage so it is important to retain a lawyer who is willing to resolve your matter at a reasonable time with your best interest in mind.
A peace bond is not an admission of guilt. It stays on your record for one year and then it disappears. When you sign a peace bond you are not admitting to criminal and/or civil liability.
An absolute discharge is not a criminal record. It will stay on your record for one year and then it will disappear. Similarly a conditional discharge is issued usually with probation and/or counselling and it is not a criminal record. It will stay on the record for 3 years and then disappear.
Depending on the circumstances of your matter, the readings and the ability to negotiate with the Crown, you may be able to have your matter resolved and not have a criminal conviction. Hence it is important that you speak with one of our lawyers to canvass the best resolution of your matter.
If your matter had proceeded and concluded summarily, then you are entitled to a Pardons/ Record suspension after 5 years.
Yes, we take on HTA offences as well as by- laws and other provincial offences.
A Landlord can serve a Notice for Eviction for non-payment of Rent the day after the rent becomes due.
Depending on the circumstances and the jurisdiction of the rental unit, an eviction order can be obtained in as little as 3 weeks.
The Residential Tenancies Act dictates the maximum allowable increase in one year, however there are special circumstances that allow for rent increases above those guidelines.
We always encourage that you speak with your tenant to try to resolve any issues you may have. If you are unable to resolve rent payment issues with your tenant, the Landlord and Tenant Board has certain rules and protocols that must be followed in order to get your to pay.
The Residential Tenancies Act provides options for Landlords who wish to evict based on persistently late paying tenants.
No. The Residential Tenancies Act stipulates the conditions under which a Landlord can enter a rental unit.
The Residential Tenancies Act says "A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards." However, there are some instances where the tenant is responsible for the repairs.
A Tenant should never stop paying their rent. The tenant should advise the Landlord of any maintenance or repair issues with the rental unit or complex and if the Landlord does not correct the issues, the tenant can apply for an abatement of rent.
You do not have to move out when your lease expires. Your tenancy will continue on a month-to-month basis but the terms of the original lease will be continue to be in effect.
Normally a lease cannot be broken if there has not been a breach. If you wish to break the lease agreement you must file the appropriate application with the Landlord and Tenant Board. A hearing will be held to determine if the lease has been breached and the tenancy terminated.
A Landlord cannot interfere with any vital services such as heat and hydro. However there are certain times throughout the year that Landlord does not have to provide heat.
You can sublet or Assign someone else to the unit. The Landlord's consent is required in most instances.
Parties may be self-represented, represented by a person licensed by the Law Society of Upper Canada or by an unlicensed person where permitted by the Law Society Act and its regulations and by-laws. However, the proper Notices and Applications must be drafted without error and filed within certain timelines. Failing to do so will result in delays and other repercussions which can be costly.
• Talk to the landlord about the notice and correct any problems, if possible.
• Leave the unit.
• Stay in the unit and see if the landlord files an application with the LTB. You will have a chance to explain the situation at a hearing. You have the right to stay in your unit until the LTB issues an eviction order.
A verbal agreement is just as binding as a written one. However, it may be harder to prove the terms and details of a verbal agreement.
The typical enforcement remedies available through the Small Claims Court are:
• Writ of Seizure and Sale of Property
• Wage Garnishment
• Bank Garnishment
The simple answer is, no. However, there are circumstances under which the Corporate Veil can be pierced and the owner can become liable.
If you think you have a claim for an amount greater than $25,000.00 you must bring the action in Superior Court not Small Claims Court. However, you may be willing to forego the amount above $25,000.00 in order to save on legal costs.
Yes, but you cannot appeal the final decision/judgment on a claim for less than $2,500.00.
Yes. You must file a Defence within 20 days or the Plaintiff may be able to note you in Default and receive Default Judgment against you for the total amount of the claim.
The Access to Justice Act, 2006, S.O. 2006, c. 21 - Bill 14 allows individuals to represent themselves in court proceedings. However, there are a number of risks involved in doing so. Being unfamiliar with the Rules of the Small Claims Court and any other applicable legislation can put you at a significant disadvantage and could be detrimental to your case.
If you are successful and receive judgment in your favour, you may request that your legal fees be paid by the unsuccessful party. In most instances, costs are awarded to the successful party based on 15% of the amount claimed. There are special circumstances that permit a Deputy Judge to order costs above 15%.
Unpaid accounts for goods or services, unpaid loans, property damage, personal injuries, breach of contract.
Typically, a claim cannot be issued if more than 2 years have passed since the incident. Be aware that there are shorter limitation periods and you should seek legal advice now to determine if shorter limitation periods apply to your specific case.
It is very important that you have a summary of the events that took place and the reasons to validate your claim. Copies of all documentation is required such as contracts, payment records, returned cheques or photographic evidence.
This will depend on what type of matter must be dealt with, the number of issues in dispute, and the complexity of the matter. There are many different types of family matters, such as: a contested/uncontested divorce; the breakdown of a common-law relationship; Child Protection proceedings; where the Children's/Catholic Aid Society are involved; division of matrimonial Net Family Property or common-law property/assets. We strive to resolve claims through direct negotiation or through various dispute resolution methods to reduce your costs. Contact us, we are happy to assist by assessing your case and providing you with a cost estimate.
No. As a matter of law both parties have an equal right to custody of their child(ren) until and or unless the parties agree, otherwise the court makes this determination. The court will review the facts and circumstances in each case but the most important consideration in making a determination will be what is in the best interests of the child(ren). A "Temporary Custody Order" relates to custody where the children will live in the interim (temporarily) until a final order has been determined. "Sole Custody Order" means that only one parent has exclusive decision-making control of all rights and responsibilities relating to the care of the child(ren). "Joint Custody Order" means that both parents have decision-making authority and share responsibilities in caring for the child(ren) when in their care but usually requires cooperation between both parents. "Shared Custody Order" does not affect the custodial arrangement, instead this relates to child support obligations where the access parent may pay less child support where the child(ren) spends at least 40% of their time with that parent. Generally speaking, the courts are reluctant to award sole custody to one parent, since the involvement of both parents in the lives of the children is considered extremely important, except in circumstances where this is not in the child(ren)'s best interests.
If you have reason to believe you or your children may be in any danger of violence or threats of violence, you should contact the police immediately. You cannot simply change the locks, or demand your spouse leaves the premises without an agreement or court order (even if you own the property). To obtain exclusive possession you must obtain a court order and demonstrate cohabitation is intolerable. Our lawyers will help you manage this situation as quickly as possible.
Yes, these guidelines are advisory only. The court may award a spouse an amount which exceeds the low, mid, or high range of the guidelines of financial support. For example, where the supporting spouse fails to provide full financial disclosure and there are questionable expenditures, bad faith, or dishonesty the court may take this into account and award an amount in its discretion above/below the guidelines.
The amount of child support to be paid is always in the discretion of the court. The court does not take a strict guideline approach and each case turns on its own facts and circumstances. The court will assess the income of both parties to ascertain whether support should be paid on the low, mid, or high end of the spectrum or otherwise outside of the guidelines.
We are here to help but strong advise you do not act on emotion, instead focus on the best interests of the children and resolving the matter to avoid adverse cost consequences. We will provide robust professional representation in accordance with your instructions, acting within the limits of the law and rules of professional conduct, to obtain the most favourable results in your personal circumstances. A lawyer shall not abuse the legal process by initiating or supporting proceedings which are clearly motivated by malice on the part of the client or are brought solely for the purpose of injuring the other party (RoPC 5.1-2(a)). A lawyer shall represent the client resolutely and honourable within the limits of the law, and has a duty to raise fearlessly every issue, advance every argument and ask every question, however distasteful, that the lawyer thinks will help the client's case and to endeavour to obtain for the client the benefit of every remedy and defence authorized by law. The lawyer must discharge this duty by fair and honourable means, without illegality. In civil proceedings, a lawyer should avoid and discourage the client from resorting to frivolous or vexatious objections, attempts to gain advantage from slips or oversights not going to the merits or tactics that will merely delay or harass the other side. Such practices can readily bring the administration of justice and the legal profession into disrepute. (Abbreviated from the Rules of Professional Conduct, Rule 5.1-1)
No. A lawyer must explain the necessity of making full disclosure of all documents relating to any matter in issue. Parties must comply with their disclosure and discovery obligations pursuant to the Family Law Rules. Additionally, a lawyer shall not knowingly assist or participate in the concealment, destruction or alteration of incriminating physical evidence or attempt to obstruct the course of justice, and cannot encourage any dishonesty or instruct a client or any other person to violate the law to avoid punishment (RoPc 3.2-7, 5.1-2A). Furthermore, a lawyer shall not make frivolous requests for the production of documents or frivolous requests for information at the examination for discovery.
As per Rule 5 of the Family Law Rules, ordinarily a case shall be started,
Starting a case where DANGER TO A CHILD OR PARTY:
If there is immediate danger that a child may be removed from Ontario or immediate danger to a child's or party's health or safety, a party may start a case in any municipality and a motion may be heard in that municipality, but the case shall be transferred to a municipality referred to in subrule(1) immediately after the motion is heard, unless the court orders otherwise. O. Reg. 114/99, r. 5 (2).
There is a presumption that a successful party is entitled to the costs of a motion, enforcement, case or appeal. The court has absolute discretion in awarding costs (Rule 24(1)). Contact us and we will advise you how costs will be determined in your case. We understand how stressful and expensive family proceedings can be and want to ensure you have a thorough understanding how costs are assessed.
Despite the presumption the successful party is entitled to costs, a party who has behaved unreasonably during a case may be deprived of all or part of the party's own costs or ordered to pay all or part of the unsuccessful party's costs. O. Reg. 114/99, r. 24 (4). As per the Family Law Rules, the court will consider a variety of important costs considerations including (but not limited to):
In deciding whether a party has behaved reasonably or unreasonably, the court shall examine,
If success in a step in a case is divided, the court may apportion costs as appropriate. O. Reg. 114/99, r. 24 (6).
If a party does not appear at a step in the case, or appears but is not properly prepared to deal with the issues at that step or otherwise contributes to that step being unproductive, the court shall award costs against the party unless the court orders otherwise in the interests of justice. O. Reg. 114/99, r. 24 (7); O. Reg. 235/16, s. 4 (1).
If a party has acted in bad faith, the court shall decide costs on a full recovery basis and shall order the party to pay them immediately. O. Reg. 114/99, r. 24 (8).
Promptly after dealing with a step in the case, the court shall,
(a) make a decision on costs in relation to that step; or
(b) reserve the decision on costs for determination at a later stage in the case. O. Reg. 235/16, s. 4 (2).
In making a decision on costs in relation to a step in a case, the court shall decide in a summary manner whether anyone is entitled to costs and, if so, determine who is entitled and set the amount of the costs. O. Reg. 235/16, s. 4 (2).
In setting the amount of costs, the court shall consider,
The court may make an order that a party pay an amount of money to another party to cover part or all of the expenses of carrying on the case, including a lawyer's fees. O. Reg. 114/99,r. 24 (12).
This is called a motion for Security for Costs as per Rule 24(13) of the Family Law Rules, (see main factors below). We are happy to assess your case to advise you whether you may be able to secure costs. In the right circumstances, you may be able to secure costs for the matter to proceed. This may alleviate some of your concerns in relation to costs of going to court, where one or both parties must pay monies into court or otherwise provide security for the matter to move forward.
A judge may, on motion, make an order for security for costs that is just, based on one or more of the following factors:
Awards of costs are always at the discretion of the court. The Family Law Rules are designed to ensure parties act fairly and reasonably in family proceedings. As a result, where one of the parties acts unreasonably there may be significant cost consequences. This means where a reasonable offer to settle is made but unreasonably refused, where the refusing party obtains the same result or worse at trial, the costs regarding that issue are likely to be awarded (on a full/substantial indemnity basis) against the party for refusing a reasonable offer. It is always best to try to resolve and narrow as many issues as possible in order to save time and money. Where possible, it is better for the parties to settle on any outstanding issue, even on the last day of trial. Our team wants to help you achieve the best possible result, especially in relation to costs.
A party who makes an offer is, unless the court orders otherwise, entitled to costs to the date the offer was served and full recovery of costs from that date, if the following conditions are met:
The burden of proving that the order is as favourable as or more favourable than the offer to settle is on the party who claims the benefit of subrule(14). O. Reg. 114/99, r. 18 (15).
When the court exercises its discretion over costs, it may take into account any written offer to settle, the date it was made and its terms, even if subrule(14) does not apply. O. Reg. 114/99, r. 18 (16).
If you have been served with any legal document(s) it is crucial that you take legal advice immediately or as soon as possible in order to protect yourself and or your children. There are special rules regarding service of documents, bring us what you have and we will advise you what to do next.
Absolutely. We understand how critical it is to protect your children as well as your own financial security, legal rights, and interests. Contact us to make sure you are taking the appropriate and necessary steps. Emergency motions can be brought if you qualify in certain circumstances. For example, circumstances giving rise to urgency/hardship or for some other reason in the interests of justice. Pursuant to the Family Law Rules, a motion may be made without notice, where: