VR Law
Building Solutions Together
Our Litigation group offers full and comprehensive litigation services in many areas. We strive to provide you with the best legal and cost-effective advice.
Are you a company and need to defend yourself from lawsuits?
Are you an insurer that need external cost-effective legal services?
Do you need to sue someone or a company?
Have you suffered losses as a result of someone's actions?
Do customers not want to pay you for your goods and/or services?A civil case is a lawsuit that usually deals with contracts and/or torts. Torts, generally speaking, are wrongful (negligent) acts that result in damage or injury.
… From the Attorney General:
Civil cases can occur by way of action or application. You must bring your case as an action, unless a statute or the Rules of Civil Procedure provide that you should bring your case as an application.
The information that follows generally describes the procedure for actions. For information on the applicable civil procedure, consult the Rules of Civil Procedure.
Note that claims valued at $35,000 or less can be heard in the Small Claims Court, which has its own procedures and rules. It is generally considered simpler and less expensive to bring a claim in the Small Claims Court than in the Superior Court of Justice. For information on bringing a claim in Small Claims Court, please visit the Small Claims Court section of the Ministry of the Attorney General website.
Going to trial to have a judge hear evidence and decide your case may be one of the most expensive ways to resolve your dispute.
Another thing to consider before deciding to start a lawsuit is whom you want to sue. Some of the things you may want to think about include:
If you win, will you be able to collect from the person/business?
Even if you "win" (obtain a judgment in your favour), you may have to enforce the judgment. In order for you to collect, the person/business must have one of the following:
Does the person/business owe others money?
There may be other creditors who are already waiting to collect their judgments against the person/business. You may be able to find out by contacting your local credit bureau, enforcement office, land registry office, and/or court offices (a fee may be payable).
Even if the person/business does not have money now, you may be able to collect your judgment in the future.
Do you know the legal name of the person or business you wish to sue and their current residential or business address?
You will need correct information about whom you are suing to properly prepare and serve your claim, and to enforce a judgment if you are successful.
For information about how to search a corporation or registered business name, contact the Companies Helpline, Ministry of Government Services at (416) 314-8880 or toll free in Ontario at (800) 361-3223. You must pay a fee for the search and you must have the exact name of the registered business or corporation or the Ontario corporation number.
Another thing to consider before deciding to start a lawsuit is where should you sue? Some of the things you may wish to think about include:
Which is the right court to start your claim?
If your claim is for $35,000 or less or for the return of personal property valued at $35,000 or less, not including interest and costs, you may wish to bring your claim in Small Claims Court.
If the amount of your claim is worth more than $35,000, you can still choose to use Small Claims Court because it is simpler and less expensive. However, if you choose Small Claims Court you cannot claim more than $35,000. You will have to give up any amount over $35,000 and cannot start a claim at a later date for the amount in excess of the $35,000.
For more information about Small Claims Court, visit the Ministry of the Attorney General website at: http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/.
If you are proceeding with a claim for more than $35,000, you should start your claim in the Superior Court of Justice.
The Superior Court of Justice deals with almost all types of civil cases except:
Which court location will issue your claim?
Unless a statute or rule directs otherwise, you may commence your proceeding at any court office in Ontario. Note that a defendant may ask the court to have the case transferred to a different court location.
Do you have enough evidence to support your claim?
You will have to prove your case. Consider what witnesses and/or documents you have to support you. If you do not have supporting documents (e.g. you entered into a verbal agreement) or witnesses, your claim may still be successful. However, if it is just your word against the other person's, it may be more difficult to prove your case.
Do you have a record of any payments, such as returned cheques or a clear recollection of what happened and when?
You will be required to include in your statement of claim a short, clear summary of the events that took place and the reasons you think you are entitled to judgment against the defendant.
Remember, the other party is able to respond to your claim and may give evidence that will affect the judge's view of your entitlement.
How long ago did the incident take place?
There may be a time limit on how long you can wait before starting a lawsuit, which is set out in the Limitations Act. If you are uncertain about what limitation period applies to your case, you should consult a lawyer.
We can help during the difficult time of separation and divorce. Your family will change and function differently. We will be there to support you in this transition.
Here is some information to consider:
…From the Attorney General:
Divorce
In order to legally end your marriage, you must apply to the court for a divorce. An application for divorce can only be filed in a Superior Court of Justice or Family Court branch of the Superior Court of Justice.
A divorce will not be granted unless you have been separated from your spouse for at least one year or you have established one of the other bases for a breakdown of the marriage (adultery or mental or physical cruelty).
The court may not grant the divorce before the other issues have been decided. For example, if you have children, a court will not grant a divorce until you have shown that you have made adequate child support arrangements.
Custody / Access
Children and parenting matters can be amongst the most challenging for families to navigate when facing separation and divorce. Living arrangements, parenting schedules, and financial matters can be in dispute, along with parental decision-making rights in areas of healthcare, education, and religion
Joint custody means that both parents make major decisions about the children together.
Sole custody means that one parent makes most or all major decisions about the children.
Shared custody exists when children live with each parent at least 40 per cent of the time.
... From the Department of Justice:
Child Support
Child support is the money that one parent pays to another to support their children financially after a separation or divorce.
Do both parents have to support their children financially after a separation or divorce?
Yes. Your children have a legal right to financial support from both parents, and you both have a legal responsibility to provide this support. A separation or divorce does not change that ongoing obligation.
What if I do not want child support from the other parent?
Child support is a child’s right and they are entitled to it by law. Judges may refuse to grant a divorce if they are not satisfied that reasonable arrangements have been made for the continued financial support of your children.
How do I calculate child support?
Child support is calculated using child support guidelines. Child support guidelines are a set of rules and tables of amounts. They are the law.
There are Federal Child Support Guidelines (regulations under the Divorce Act) and provincial/territorial guidelines (regulations under provincial or territorial laws). Figuring out which one to use will depend on the situation:
What is the difference between Federal Guidelines and provincial/territorial guidelines?
All provinces and territories have child support guidelines that are a lot like the Federal Guidelines, except for Quebec which has its own child support model. The rules may be a little different in some jurisdictions but all of them, except for Quebec, use the federal tables, so the basic amounts are the same.
If the other parent and I decide to make our own child support arrangements, do we have to use the applicable child support guidelines?
Child support guidelines are the law for establishing child support amounts. As parents, you may both decide that another amount of child support—higher or lower—is better for you and your children. But, if you ask a judge to decide, he or she will set the child support amount according to the guidelines, unless there are special provisions which benefit a child.
For example, if one parent transfers his or her interest in an asset such as the family home or a vehicle to the other parent without compensation, it may benefit the child directly or indirectly. Parents may wish to take such special provisions into consideration when deciding on a child support amount.
When does child support end?
If you already have a child support order or a written agreement, it may indicate when child support will end. For example, your support order or agreement might say that support will stop only when a child reaches a certain age. If your child support order or agreement does not say when support ends, then the requirement to pay child support continues until the order is changed by a court or until you and the other parent change your agreement.
Can I pay child support directly to my child rather than to the other parent?
Child support is generally paid to the other parent, not to the child. In rare cases, judges may order that child support be paid directly to a child who is at or over the age of majority. Judges will consider the family’s situation to determine whether direct payment is appropriate.
If I have children with a new partner, do I still have to pay child support for children from an earlier relationship?
Parents must continue to support their children financially even if they have new family responsibilities. An existing support order remains in effect until the end date set out in the order or until it is changed by a court.
Under the Federal Guidelines, a court may order a different child support amount if a claim for undue hardship is successful. Circumstances that may cause undue hardship include the obligation to support children from a new relationship. There are two steps in determining if a parent or a child is experiencing undue hardship:
Child support may be calculated under the Child Support Guidelines here:
https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.aspx
For more information regarding the Federal Child Support Guidelines:
HTTPS://LAWS-LOIS.JUSTICE.GC.CA/ENG/REGULATIONS/SOR-97-175/PAGE-6.HTML#H-1004441
Spousal support
“Spousal support” is the money that one spouse may have to pay to the other spouse for their financial support following a separation or divorce. It is sometimes called “alimony” or “maintenance.” Spousal support is usually paid on a monthly basis, but it can be paid as a lump sum.
Why might one spouse be required to pay spousal support to the other?
A spouse may have to pay spousal support if such payment meets one or more of the main purposes of spousal support set out in the Divorce Act. They are:
At the same time, spouses who receive support have an obligation to become self-supporting where reasonable.
Who can ask for spousal support?
When a married couple divorces, either spouse can ask for spousal support under the Divorce Act. In most cases, spousal support is requested by the spouse with the lower income. In each case, a judge must consider several factors to determine if spousal support should be paid, including:
How is spousal support calculated?
The calculation of spousal support is one of the most complex areas of family law. Many factors need to be considered to determine an amount that is fair and appropriate in each case. Most Canadian courts and family law professionals use the Spousal Support Advisory Guidelines when calculating spousal support. Unlike the Federal Child Support Guidelines, the Spousal Support Advisory Guidelines are not law. They help calculate appropriate spousal support amounts, whether for court orders or for out-of-court settlements and agreements.
Can I use the Spousal Support Advisory Guidelines myself to calculate spousal support?
The Spousal Support Advisory Guidelines are available for anyone to consult. However, since calculating spousal support is so complex, it is very important to consult a family law professional.
How do tax rules apply to spousal support?
The Canada Revenue Agency has information to help you determine how the support payments that you pay or receive should be included or deducted from your income on your income tax return.
Do I have to pay both child support and spousal support at the same time?
In many cases, people pay both child and spousal support at the same time. However, the Divorce Act prioritizes the payment of child support. This means that in cases where there is not enough money for a person to pay both child and spousal support, money is directed toward paying child support first.
How long will spousal support be paid?
The duration of support will be based on the facts of the case, such as the length of time the spouses lived together, or their ages at the time of separation. In some cases, spousal support may only be paid for a limited amount of time. In other cases, spousal support may continue unless there is a change in circumstances and the court makes a different order or the agreement is updated to reflect the change.
When can I stop paying spousal support?
If you are paying spousal support that is set out in a written agreement or in a court order, you must continue to pay unless:
A court may only change a spousal support order when justified by an important change in the circumstances of either spouse. For example, if the support payor loses his or her job after the support order was made and he or she can no longer pay the amount that was ordered, a court may then decide that the support order should be changed.
If you and your former spouse have a spousal support agreement, and either of you experiences a change in your circumstances, you may wish to change your agreement to reflect your new situation. However, both you and your former spouse will need to consent to any proposed changes to your agreement before they can take effect.
If your order or agreement clearly states that spousal support is to end on a particular date or on the happening of a certain event, then payment of support can stop at that point. For example, if your order or agreement specifically provides that spousal support is to end on December 1st of the year 2020, then your spousal support obligation would end at that time.
…From the Attorney General:
Asset & Property Division
When a marriage ends, the equal contribution of each person to the marriage is recognized. The law provides that the value of any kind of property that was acquired by a spouse during the marriage and still exists at separation must be divided equally between the spouses. Also, any increase in the value of property owned by a spouse at the date of marriage must be shared. The payment that may be owed to one of the spouses in order to effect this sharing is called an equalization payment, or an equalization of net family property.
There are some possible exceptions to these rules, which are called excluded property, and may include gifts or inheritances received during the marriage from someone other than a spouse, provided that the gifts or inheritances were not used towards a matrimonial home.
These automatic property sharing provisions only apply to married spouses. If you are in a common law relationship, you are not entitled to an equalization payment, but may be entitled to a payment from your spouse to pay you back for a direct or indirect contribution to property that he or she owns. These claims are referred to as trust claims.
The family home is a special place. It is where you live and where your children feel most comfortable. If you own your home, it may be the most valuable thing you own.
If you are married, both of you have an equal right to stay in your home unless a judge decides that one of you must move out.
Since both of you have a right to stay in your home, neither of you can sublet it, rent it, sell it or mortgage it without the other’s permission. This is true even if your lease is in only one of your names or if only one of you owns the home.
When you separate, both of you may want to stay in the family home. If you cannot agree on who should stay in the family home, you can use lawyers, a mediator or an arbitrator to help you decide, or you may have to go to court to have the judge decide. An order or agreement for exclusive possession allows one spouse to use it, but not the other.
It may be that, after the separation, neither of you will be able to afford to stay in your home.
If you have children, the person who has custody of the children may be the one who stays in the family home with the children. This helps children adjust to their new family situation in a place and neighbourhood that they already know.
Financial Disclosure & Investigation
Whether a couple applies to the court to resolve financial matters or seeks to settle matters through negotiation, the law requires full and complete financial disclosure by both spouses.
You must usually serve and file financial disclosure if your case involves child support, spousal support, or property issues. Rule 13 of the Family Law Rules tells you about financial disclosure.
Financial disclosure means giving the other party and the court information about your finances, including your:
You should serve and file your financial disclosure as soon as possible in your case.
Domestic Contracts & Agreements
We can prepare:
Are you facing a disability that prevents you from working and your Insurer refuses to pay you?
Have your Long-Term Disability Benefits been cut off? Are you being forced to go back to work?
Long-term disability policies have different requirements that include:
The amount of your long-term disability benefit will depend on your policy. Benefit amounts can be equivalent to 50%-85% of your monthly income. Depending on your policy, your benefit may or not be taxable. Your claim may also be subject to a “change of definition” where the insurer’s definition of disability changes from “own” occupation to “any” occupation.
If your application for long- term disability benefits has been denied, or your benefits have been terminated, we can help you.
We are a full-service mediation firm. You need it? We make it possible.
Our Mediation Department is dedicated to achieving sustainable, practical and affordable solutions. Our lawyers are skilled in exploring creative ways to resolve disputes.
What is mediation?
When involved in conflict, including legal disputes, mediation is the confidential process which allows the parties to self-manage these disputes and reach a negotiated agreement with the support of a neutral and impartial mediation, outside of court.
When you already have a case in court in Toronto, Windsor, and Ottawa, Mediation is a mandatory step in the process of litigation. As the Attorney General of Ontario website indicates, the purpose of mediation is not to determine who wins and who loses, but to develop creative solutions to disputes in a way that is not possible at a trial.
Indeed, the Attorney General of Ontario goes further and asks the parties to consider these questions in preparing for mediation:
What are the benefits of a mediation session?
Will I be forced to attend a mediation session?
Mediation is voluntary if it happens before a court case starts. You and the other party must be willing to try to work out a solution. You must both agree to the mediation.
If you do not mediate at the beginning of your civil dispute and decide to sue in court instead, you could still later participate in a mediation session.
During your court case you might be required to participate in a mediation session. Mediation is mandatory in most civil court cases in Toronto, County of Essex (Windsor) and Ottawa. Mediation is also mandatory in these three regions for contested estates, trusts and substitute decision proceedings. For more information about the Mandatory Mediation Program, visit the Ministry of the Attorney General's website at: www.attorneygeneral.jus.gov.on.ca/english/courts/manmed/notice.php.
How long is the mediation session?
The length of time of a mediation session, and the number of sessions required, will depend on many factors, such as:
Where is the mediation session held?
The mediation session may be held at any location that is convenient and acceptable to the parties, including the mediator's office and the office of one of the parties or one of the lawyers.
Do we still need lawyers?
The mediator does not take the place of a lawyer. Each party is encouraged to get independent legal advice before and throughout the mediation process.
It is very important for you to know about your legal rights and obligations and how the law affects your issues. Each party should review the final mediated agreement with his or her lawyer before signing.
If you do not reach an agreement during mediation, you can start a court case or continue your court case.
Who attends the mediation session?
All parties should attend the mediation session. If a party is represented by a lawyer, the lawyer must also attend.
What happens during a mediation session?
Before the mediation session begins, the mediator explains the mediation process and reviews the terms of the mediation, which may be set out in a written "agreement to mediate". Although mediation is an informal process, the mediator structures the discussion. All parties have a chance to present their side of the story, to explain what is important to them and to ask questions.
The mediator will help parties to reach a fair and lasting settlement. The mediator does not take sides or make decisions for the parties. Mediators cannot give you legal advice.
Who pays for a mediation session and how much does it cost?
Parties may share the cost of a mediation session. Parties pay mediators directly for their services. A mediation session is generally less expensive than suing in court.
Expertise: Areas of Practice
AFFORDABLE
Reduced and roster fees available. Use of premises at no cost.
If all parties' representatives are working pro bono, we will offer our services pro bono as well.
ACCESSIBILITY
Ample availability of dates
WIDE LOCATIONS
Woodbridge, Richmond Hill, Aurora, Scarborough, Pickering, Ajax, Whitby, Uxbridge, New Market, Oakville, London, Markham, Stouffville, Hamilton, Vaughan, King City, Caledonia, Halton, Milton, Burlington, Cobourg
SUSTAINABLE DEVELOPMENT
We continue to be mentored by 30 years mediation professionals including Frank Gomberg, Harold Cares and Jay Rudolph.
MEMBERSHIP
We are members of the Law Society of Upper Canada (LSUC), Family Mediation Canada (FMC) and the Family Dispute Resolution Institute of Ontario (FDRIO)
EXPERIENCE
We will put our 16 years of experience in the legal profession at your disposal
1st Notarization / Commission / Certification / Exhibit: $60
2nd Notarization / Commission / Certification / Exhibit: $20.00
Every subsequent Notarization, Commission, Certification, or Exhibit will be $10
Consent to Travel
Drafting and notarization of consent to travel document for when a child is travelling without one or both parents (includes notarization fee): From $100
Letter of Invitation
Drafting a letter of invitation for the purposes of applying for a visa (includes notarization fee): From $120
Statutory Declaration of Common Law Union
Drafting an affidavit or statutory declaration (includes fee of administering an oath): From $120
Statutory Declaration of Marital Status
Drafting an affidavit or statutory declaration (includes fee of administering an oath): From $120
Statutory Declaration in lieu of guarantor for the Passport Application
Includes certification of applicant's photo, declaration in lieu of guarantor and certification of documents that support the applicant's identity: From $100
Affidavits
Drafting an affidavit as required (includes fee of administering an oath): From $120
Certified Copy of Passport (including every page)
Flat rate for a certified copy of a standard Canadian passport or the equivalent (includes sealing through every page): $100
Note: if only one page is required, the standard notarization fee applies
* Prices subject to change without notice
**Please note that we are not your lawyers unless and until you sign a written Retainer with us.
Do you have a case?
Have you suffered severe and permanent personal injuries as a result of someone’s negligence?
Were you hurt as a result of receiving medical or dental treatment?
Did you slip and fall? Did you have a car accident?
Have you suffered catastrophic injuries?
Ontario law changed in 2016. There were three main changes made to the Statutory Accident Benefits Schedule (SABS). Maximum medical and rehabilitation benefits were reduced to $1 million from $2 million. You can increase these benefits to $2 million by agreeing to pay an additional premium.
There are new definitions for Amputations, Loss of vision, Traumatic brain injury, Mental impairment, and Behavioural impairment.
Non-earners (including students, stay at home moms and dads, and retired individuals) are entitled to benefits only for two years with weekly payments of $185. You will no longer have to wait for 26 weeks to start receiving non-earner benefits and the waiting period is capped at four weeks.
… From Tribunals Ontario:
Section 280 of the Insurance Act says that a person with motor vehicle insurance or insurance may apply to AABS at the Licence Appeal Tribunal to resolve a dispute about an insured person's entitlement to, or amount of, a statutory motor vehicle accident benefit.
Section 268 of the Insurance Act says that every motor vehicle liability policy provides specified benefits which are set out in the Statutory Accident Benefits Schedule (SABS), a regulation made under the Insurance Act.
Sections 279-288 of the Insurance Act deal with disputes about motor vehicle accident insurance benefits.
Related Laws:
Related Regulations:
What is Statutory Accident Benefits Schedule (SABS)?
AABS helps resolve claims under Ontario’s motor vehicle insurance Statutory Accident Benefits Schedule (SABS). If you or a family member have been hurt by a motor vehicle accident, you may be entitled to claim accident benefits (also known as statutory accident benefits or no-fault benefits) under your motor vehicle insurance policy. The Statutory Accident Benefits Schedule (SABS) is the framework that AABS uses to help you and your car insurance company reach a settlement. The SABS is a regulation under the Insurance Act that sets out the benefits and compensation that may be available to you as a driver, passenger or pedestrian if you have been hurt in an accident. Every automobile insurance policy provides specific benefits that may include:
Your insurance benefits, and the rules that apply to them, can be different depending on the date of the accident. You may also have additional benefits beyond the basic required one, if you added those benefits to your insurance policy at the time you bought it.
Please fill the following form to set up an appointment: inset form
Please note that we are not your lawyers unless and until you sign a written Retainer with us.
Last but not least, the “you don’t pay unless we get you money” principle applies to all our personal injury cases only. Please note it does not apply to other types of legal services.
We can help you when you are:
VERY IMPORTANT: PLEASE UNDERSTAND YOUR BUDGET
When purchasing a property, you need to think about the mortgage that you are going to need.
It is very important for home buyers, especially first-time buyers, to apply for a mortgage before shopping for a home. Please make sure that you are pre-approved. Remember that financing is one of the most important conditions to satisfy in your Agreement of Purchase and Sale. It is to your advantage to obtain a preapproval letter as soon as you are ready to begin your search. Lenders will render a decision based on your complete loan application, employment verification and data from all three credit reports.
Also please think about the associated costs when purchasing or selling a home:
The Land Transfer Tax
When you acquire land or a beneficial interest in land, you pay land transfer tax to the province when the transaction closes.
Calculate you Ontario Land Transfer Tax Calculator here: https://www.teraview.ca/en/pltt-calculator/
Calculate your Toronto Land Transfer Tax here: https://www.teraview.ca/en/mltt-calculator/
Property Taxes
Property Taxes are always considered in Real Estate Transactions
For the City of Toronto, you can look them up here
More info for the City of Toronto
We charge flat fees for our Real Estate Transactions. Please note that we are not your lawyers unless and until you sign a written Retainer with us.
Please also note the following:
What is included in our Real Estate Flat Fee:
What is NOT included in our Real Estate Flat Fee:
Our flat rate legal fee applies to a residential single family dwelling on city services, being vacant on closing with one first mortgage and no other encumbrances or liens on title. Our disbursements (if applicable) comply with LSUC Rule 4.2-2.1: HST, govt. document registration fees, fees charged by govt., Teranet fees, costs of condo status certificate, lawyers creditor's letters and title insurance. The fee is valid if our firm is hired and receives the Agreement of Purchase and Sale at least 5 business days prior to closing. If any unforeseen issues arise you will be notified immediately. Note that additional charges apply to investment properties, commercial properties, occupancy closings, lines of credit or additional mortgages/lines of credit, bridegloans or any other matter beyond the scope of a standard real estate transaction.
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We can prepare the following for you
1. Wills
2. Continuing Power of Attorney for Property
3. Power of Attorney for Care
… From the Attorney General Website:
Will
A person's will is a written document that sets out the person's wishes about how his or her estate should be taken care of and distributed after death. It takes effect when the person dies.
An estate is the property that a person owns or has a legal interest in. The term is often used to describe the assets and liabilities left by a person after death.
A trust is created to hold property or assets for the benefit of a particular person called the beneficiary. It is managed by a person called a trustee, who has an obligation to deal with the property for the beneficiary of the trust. There are many different kinds of trusts.
In law, an election is a legal decision or choice. When a married spouse dies and has left a will, the surviving spouse can make an election to receive:
When a married spouse dies and there is no will, the surviving spouse can make an election to receive:
A surviving spouse has six months from the date of the spouse’s death to make an election. If an election is not made within six months, the spouse will be granted his or her entitlement under the will, or under the Succession Law Reform Act if there is no will.
The election has important impacts on the rights of the surviving spouse. Surviving spouses should seek legal advice before making an election.
Power of Attorney
A Power of Attorney is a legal document in which you give someone you trust (called your “attorney”) the right to make decisions for you if something happens and you are no longer able to look after matters on your own.
There are two types of Power of Attorney:
A Power of Attorney for Personal Care only comes into effect when you are incapable of taking care of matters on your own. The person you name will have the authority to make decisions about your care, including medical treatments/healthcare, housing, clothing, and meals. You can include instructions, conditions, and restrictions on their decision-making.
A Continuing Power of Attorney for Property can come into effect immediately, or you can specify a date it will come into effect. This document can be useful in situations where you are unavailable due to travel, sickness, or other reasons. The person you name will have the authority to make decisions about your finances, including banking, paying your bills, maintaining or selling your house, or managing your investments. You can include conditions and restrictions on their decision-making–for instance, you can limit their authority to specific assets or transactions.
To sign a power of attorney or a will, you must be considered mentally capable:
To be considered mentally capable of giving a power of attorney for personal care, it must be clear that you understand the need to choose someone with genuine concern for your welfare, and that there may be a need for that person to make personal care decisions for you.
To be considered mentally capable of giving a power of attorney for property, it must be clear that:
What is included in our Fees:
We help you to:
Recognize and address barriers to success by facilitating proactive dispute resolution protocols that support a performance driven culture.
Establish systems and developing proactive strategies to address your HR needs.
Achieve the goal of promoting a diverse successful workforce in light of your company policies & procedures, recruitment & selection strategy.
Lead the analysis & diagnosis of your needs.
Provide ongoing or requested coaching & support management on leadership development, talent and performance management.
Design and implement strategic workplace diversity and inclusion initiatives.
Our Litigation group offers full and comprehensive litigation services in many areas. We strive to provide you with the best legal and cost-effective advice.
Are you a company and need to defend yourself from lawsuits?
Are you an insurer that need external cost-effective legal services?
Do you need to sue someone or a company?
Have you suffered losses as a result of someone's actions?
Do customers not want to pay you for your goods and/or services?A civil case is a lawsuit that usually deals with contracts and/or torts. Torts, generally speaking, are wrongful (negligent) acts that result in damage or injury.
… From the Attorney General:
Civil cases can occur by way of action or application. You must bring your case as an action, unless a statute or the Rules of Civil Procedure provide that you should bring your case as an application.
The information that follows generally describes the procedure for actions. For information on the applicable civil procedure, consult the Rules of Civil Procedure.
Note that claims valued at $35,000 or less can be heard in the Small Claims Court, which has its own procedures and rules. It is generally considered simpler and less expensive to bring a claim in the Small Claims Court than in the Superior Court of Justice. For information on bringing a claim in Small Claims Court, please visit the Small Claims Court section of the Ministry of the Attorney General website.
Going to trial to have a judge hear evidence and decide your case may be one of the most expensive ways to resolve your dispute.
Another thing to consider before deciding to start a lawsuit is whom you want to sue. Some of the things you may want to think about include:
If you win, will you be able to collect from the person/business?
Even if you "win" (obtain a judgment in your favour), you may have to enforce the judgment. In order for you to collect, the person/business must have one of the following:
Does the person/business owe others money?
There may be other creditors who are already waiting to collect their judgments against the person/business. You may be able to find out by contacting your local credit bureau, enforcement office, land registry office, and/or court offices (a fee may be payable).
Even if the person/business does not have money now, you may be able to collect your judgment in the future.
Do you know the legal name of the person or business you wish to sue and their current residential or business address?
You will need correct information about whom you are suing to properly prepare and serve your claim, and to enforce a judgment if you are successful.
For information about how to search a corporation or registered business name, contact the Companies Helpline, Ministry of Government Services at (416) 314-8880 or toll free in Ontario at (800) 361-3223. You must pay a fee for the search and you must have the exact name of the registered business or corporation or the Ontario corporation number.
Another thing to consider before deciding to start a lawsuit is where should you sue? Some of the things you may wish to think about include:
Which is the right court to start your claim?
If your claim is for $35,000 or less or for the return of personal property valued at $35,000 or less, not including interest and costs, you may wish to bring your claim in Small Claims Court.
If the amount of your claim is worth more than $35,000, you can still choose to use Small Claims Court because it is simpler and less expensive. However, if you choose Small Claims Court you cannot claim more than $35,000. You will have to give up any amount over $35,000 and cannot start a claim at a later date for the amount in excess of the $35,000.
For more information about Small Claims Court, visit the Ministry of the Attorney General website at: http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/.
If you are proceeding with a claim for more than $35,000, you should start your claim in the Superior Court of Justice.
The Superior Court of Justice deals with almost all types of civil cases except:
Which court location will issue your claim?
Unless a statute or rule directs otherwise, you may commence your proceeding at any court office in Ontario. Note that a defendant may ask the court to have the case transferred to a different court location.
Do you have enough evidence to support your claim?
You will have to prove your case. Consider what witnesses and/or documents you have to support you. If you do not have supporting documents (e.g. you entered into a verbal agreement) or witnesses, your claim may still be successful. However, if it is just your word against the other person's, it may be more difficult to prove your case.
Do you have a record of any payments, such as returned cheques or a clear recollection of what happened and when?
You will be required to include in your statement of claim a short, clear summary of the events that took place and the reasons you think you are entitled to judgment against the defendant.
Remember, the other party is able to respond to your claim and may give evidence that will affect the judge's view of your entitlement.
How long ago did the incident take place?
There may be a time limit on how long you can wait before starting a lawsuit, which is set out in the Limitations Act. If you are uncertain about what limitation period applies to your case, you should consult a lawyer.
Family Law
We can help during the difficult time of separation and divorce. Your family will change and function differently. We will be there to support you in this transition.
Here is some information to consider:
…From the Attorney General:
Divorce
In order to legally end your marriage, you must apply to the court for a divorce. An application for divorce can only be filed in a Superior Court of Justice or Family Court branch of the Superior Court of Justice.
A divorce will not be granted unless you have been separated from your spouse for at least one year or you have established one of the other bases for a breakdown of the marriage (adultery or mental or physical cruelty).
The court may not grant the divorce before the other issues have been decided. For example, if you have children, a court will not grant a divorce until you have shown that you have made adequate child support arrangements.
Custody / Access
Children and parenting matters can be amongst the most challenging for families to navigate when facing separation and divorce. Living arrangements, parenting schedules, and financial matters can be in dispute, along with parental decision-making rights in areas of healthcare, education, and religion
Joint custody means that both parents make major decisions about the children together.
Sole custody means that one parent makes most or all major decisions about the children.
Shared custody exists when children live with each parent at least 40 per cent of the time.
... From the Department of Justice:
Child Support
Child support is the money that one parent pays to another to support their children financially after a separation or divorce.
Do both parents have to support their children financially after a separation or divorce?
Yes. Your children have a legal right to financial support from both parents, and you both have a legal responsibility to provide this support. A separation or divorce does not change that ongoing obligation.
What if I do not want child support from the other parent?
Child support is a child’s right and they are entitled to it by law. Judges may refuse to grant a divorce if they are not satisfied that reasonable arrangements have been made for the continued financial support of your children.
How do I calculate child support?
Child support is calculated using child support guidelines. Child support guidelines are a set of rules and tables of amounts. They are the law.
There are Federal Child Support Guidelines (regulations under the Divorce Act) and provincial/territorial guidelines (regulations under provincial or territorial laws). Figuring out which one to use will depend on the situation:
What is the difference between Federal Guidelines and provincial/territorial guidelines?
All provinces and territories have child support guidelines that are a lot like the Federal Guidelines, except for Quebec which has its own child support model. The rules may be a little different in some jurisdictions but all of them, except for Quebec, use the federal tables, so the basic amounts are the same.
If the other parent and I decide to make our own child support arrangements, do we have to use the applicable child support guidelines?
Child support guidelines are the law for establishing child support amounts. As parents, you may both decide that another amount of child support—higher or lower—is better for you and your children. But, if you ask a judge to decide, he or she will set the child support amount according to the guidelines, unless there are special provisions which benefit a child.
For example, if one parent transfers his or her interest in an asset such as the family home or a vehicle to the other parent without compensation, it may benefit the child directly or indirectly. Parents may wish to take such special provisions into consideration when deciding on a child support amount.
When does child support end?
If you already have a child support order or a written agreement, it may indicate when child support will end. For example, your support order or agreement might say that support will stop only when a child reaches a certain age. If your child support order or agreement does not say when support ends, then the requirement to pay child support continues until the order is changed by a court or until you and the other parent change your agreement.
Can I pay child support directly to my child rather than to the other parent?
Child support is generally paid to the other parent, not to the child. In rare cases, judges may order that child support be paid directly to a child who is at or over the age of majority. Judges will consider the family’s situation to determine whether direct payment is appropriate.
If I have children with a new partner, do I still have to pay child support for children from an earlier relationship?
Parents must continue to support their children financially even if they have new family responsibilities. An existing support order remains in effect until the end date set out in the order or until it is changed by a court.
Under the Federal Guidelines, a court may order a different child support amount if a claim for undue hardship is successful. Circumstances that may cause undue hardship include the obligation to support children from a new relationship. There are two steps in determining if a parent or a child is experiencing undue hardship:
Child support may be calculated under the Child Support Guidelines here:
https://www.justice.gc.ca/eng/fl-df/child-enfant/2017/look-rech.aspx
For more information regarding the Federal Child Support Guidelines:
HTTPS://LAWS-LOIS.JUSTICE.GC.CA/ENG/REGULATIONS/SOR-97-175/PAGE-6.HTML#H-1004441
Spousal support
“Spousal support” is the money that one spouse may have to pay to the other spouse for their financial support following a separation or divorce. It is sometimes called “alimony” or “maintenance.” Spousal support is usually paid on a monthly basis, but it can be paid as a lump sum.
Why might one spouse be required to pay spousal support to the other?
A spouse may have to pay spousal support if such payment meets one or more of the main purposes of spousal support set out in the Divorce Act. They are:
At the same time, spouses who receive support have an obligation to become self-supporting where reasonable.
Who can ask for spousal support?
When a married couple divorces, either spouse can ask for spousal support under the Divorce Act. In most cases, spousal support is requested by the spouse with the lower income. In each case, a judge must consider several factors to determine if spousal support should be paid, including:
How is spousal support calculated?
The calculation of spousal support is one of the most complex areas of family law. Many factors need to be considered to determine an amount that is fair and appropriate in each case. Most Canadian courts and family law professionals use the Spousal Support Advisory Guidelines when calculating spousal support. Unlike the Federal Child Support Guidelines, the Spousal Support Advisory Guidelines are not law. They help calculate appropriate spousal support amounts, whether for court orders or for out-of-court settlements and agreements.
Can I use the Spousal Support Advisory Guidelines myself to calculate spousal support?
The Spousal Support Advisory Guidelines are available for anyone to consult. However, since calculating spousal support is so complex, it is very important to consult a family law professional.
How do tax rules apply to spousal support?
The Canada Revenue Agency has information to help you determine how the support payments that you pay or receive should be included or deducted from your income on your income tax return.
Do I have to pay both child support and spousal support at the same time?
In many cases, people pay both child and spousal support at the same time. However, the Divorce Act prioritizes the payment of child support. This means that in cases where there is not enough money for a person to pay both child and spousal support, money is directed toward paying child support first.
How long will spousal support be paid?
The duration of support will be based on the facts of the case, such as the length of time the spouses lived together, or their ages at the time of separation. In some cases, spousal support may only be paid for a limited amount of time. In other cases, spousal support may continue unless there is a change in circumstances and the court makes a different order or the agreement is updated to reflect the change.
When can I stop paying spousal support?
If you are paying spousal support that is set out in a written agreement or in a court order, you must continue to pay unless:
A court may only change a spousal support order when justified by an important change in the circumstances of either spouse. For example, if the support payor loses his or her job after the support order was made and he or she can no longer pay the amount that was ordered, a court may then decide that the support order should be changed.
If you and your former spouse have a spousal support agreement, and either of you experiences a change in your circumstances, you may wish to change your agreement to reflect your new situation. However, both you and your former spouse will need to consent to any proposed changes to your agreement before they can take effect.
If your order or agreement clearly states that spousal support is to end on a particular date or on the happening of a certain event, then payment of support can stop at that point. For example, if your order or agreement specifically provides that spousal support is to end on December 1st of the year 2020, then your spousal support obligation would end at that time.
…From the Attorney General:
Asset & Property Division
When a marriage ends, the equal contribution of each person to the marriage is recognized. The law provides that the value of any kind of property that was acquired by a spouse during the marriage and still exists at separation must be divided equally between the spouses. Also, any increase in the value of property owned by a spouse at the date of marriage must be shared. The payment that may be owed to one of the spouses in order to effect this sharing is called an equalization payment, or an equalization of net family property.
There are some possible exceptions to these rules, which are called excluded property, and may include gifts or inheritances received during the marriage from someone other than a spouse, provided that the gifts or inheritances were not used towards a matrimonial home.
These automatic property sharing provisions only apply to married spouses. If you are in a common law relationship, you are not entitled to an equalization payment, but may be entitled to a payment from your spouse to pay you back for a direct or indirect contribution to property that he or she owns. These claims are referred to as trust claims.
The family home is a special place. It is where you live and where your children feel most comfortable. If you own your home, it may be the most valuable thing you own.
If you are married, both of you have an equal right to stay in your home unless a judge decides that one of you must move out.
Since both of you have a right to stay in your home, neither of you can sublet it, rent it, sell it or mortgage it without the other’s permission. This is true even if your lease is in only one of your names or if only one of you owns the home.
When you separate, both of you may want to stay in the family home. If you cannot agree on who should stay in the family home, you can use lawyers, a mediator or an arbitrator to help you decide, or you may have to go to court to have the judge decide. An order or agreement for exclusive possession allows one spouse to use it, but not the other.
It may be that, after the separation, neither of you will be able to afford to stay in your home.
If you have children, the person who has custody of the children may be the one who stays in the family home with the children. This helps children adjust to their new family situation in a place and neighbourhood that they already know.
Financial Disclosure & Investigation
Whether a couple applies to the court to resolve financial matters or seeks to settle matters through negotiation, the law requires full and complete financial disclosure by both spouses.
You must usually serve and file financial disclosure if your case involves child support, spousal support, or property issues. Rule 13 of the Family Law Rules tells you about financial disclosure.
Financial disclosure means giving the other party and the court information about your finances, including your:
You should serve and file your financial disclosure as soon as possible in your case.
Domestic Contracts & Agreements
We can prepare:
Long Term Disability
Are you facing a disability that prevents you from working and your Insurer refuses to pay you?
Have your Long-Term Disability Benefits been cut off? Are you being forced to go back to work?
Long-term disability policies have different requirements that include:
The amount of your long-term disability benefit will depend on your policy. Benefit amounts can be equivalent to 50%-85% of your monthly income. Depending on your policy, your benefit may or not be taxable. Your claim may also be subject to a “change of definition” where the insurer’s definition of disability changes from “own” occupation to “any” occupation.
If your application for long- term disability benefits has been denied, or your benefits have been terminated, we can help you.
We can help you when you are:
VERY IMPORTANT: PLEASE UNDERSTAND YOUR BUDGET
When purchasing a property, you need to think about the mortgage that you are going to need.
It is very important for home buyers, especially first-time buyers, to apply for a mortgage before shopping for a home. Please make sure that you are pre-approved. Remember that financing is one of the most important conditions to satisfy in your Agreement of Purchase and Sale. It is to your advantage to obtain a preapproval letter as soon as you are ready to begin your search. Lenders will render a decision based on your complete loan application, employment verification and data from all three credit reports.
Also please think about the associated costs when purchasing or selling a home:
The Land Transfer Tax
When you acquire land or a beneficial interest in land, you pay land transfer tax to the province when the transaction closes.
Calculate you Ontario Land Transfer Tax Calculator here: https://www.teraview.ca/en/pltt-calculator/
Calculate your Toronto Land Transfer Tax here: https://www.teraview.ca/en/mltt-calculator/
Property Taxes
Property Taxes are always considered in Real Estate Transactions
For the City of Toronto, you can look them up here
More info for the City of Toronto
We charge flat fees for our Real Estate Transactions. Please note that we are not your lawyers unless and until you sign a written Retainer with us.
Please also note the following:
What is included in our Real Estate Flat Fee:
What is NOT included in our Real Estate Flat Fee:
Our flat rate legal fee applies to a residential single family dwelling on city services, being vacant on closing with one first mortgage and no other encumbrances or liens on title. Our disbursements (if applicable) comply with LSUC Rule 4.2-2.1: HST, govt. document registration fees, fees charged by govt., Teranet fees, costs of condo status certificate, lawyers creditor's letters and title insurance. The fee is valid if our firm is hired and receives the Agreement of Purchase and Sale at least 5 business days prior to closing. If any unforeseen issues arise you will be notified immediately. Note that additional charges apply to investment properties, commercial properties, occupancy closings, lines of credit or additional mortgages/lines of credit, bridegloans or any other matter beyond the scope of a standard real estate transaction.
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We can prepare the following for you
1. Wills
2. Continuing Power of Attorney for Property
3. Power of Attorney for Care
… From the Attorney General Website:
Will
A person's will is a written document that sets out the person's wishes about how his or her estate should be taken care of and distributed after death. It takes effect when the person dies.
An estate is the property that a person owns or has a legal interest in. The term is often used to describe the assets and liabilities left by a person after death.
A trust is created to hold property or assets for the benefit of a particular person called the beneficiary. It is managed by a person called a trustee, who has an obligation to deal with the property for the beneficiary of the trust. There are many different kinds of trusts.
In law, an election is a legal decision or choice. When a married spouse dies and has left a will, the surviving spouse can make an election to receive:
When a married spouse dies and there is no will, the surviving spouse can make an election to receive:
A surviving spouse has six months from the date of the spouse’s death to make an election. If an election is not made within six months, the spouse will be granted his or her entitlement under the will, or under the Succession Law Reform Act if there is no will.
The election has important impacts on the rights of the surviving spouse. Surviving spouses should seek legal advice before making an election.
Power of Attorney
A Power of Attorney is a legal document in which you give someone you trust (called your “attorney”) the right to make decisions for you if something happens and you are no longer able to look after matters on your own.
There are two types of Power of Attorney:
A Power of Attorney for Personal Care only comes into effect when you are incapable of taking care of matters on your own. The person you name will have the authority to make decisions about your care, including medical treatments/healthcare, housing, clothing, and meals. You can include instructions, conditions, and restrictions on their decision-making.
A Continuing Power of Attorney for Property can come into effect immediately, or you can specify a date it will come into effect. This document can be useful in situations where you are unavailable due to travel, sickness, or other reasons. The person you name will have the authority to make decisions about your finances, including banking, paying your bills, maintaining or selling your house, or managing your investments. You can include conditions and restrictions on their decision-making–for instance, you can limit their authority to specific assets or transactions.
To sign a power of attorney or a will, you must be considered mentally capable:
To be considered mentally capable of giving a power of attorney for personal care, it must be clear that you understand the need to choose someone with genuine concern for your welfare, and that there may be a need for that person to make personal care decisions for you.
To be considered mentally capable of giving a power of attorney for property, it must be clear that:
What is included in our Fees:
1st Notarization / Commission / Certification / Exhibit: $60
2nd Notarization / Commission / Certification / Exhibit: $20.00
Every subsequent Notarization, Commission, Certification, or Exhibit will be $10
Consent to Travel
Drafting and notarization of consent to travel document for when a child is travelling without one or both parents (includes notarization fee): From $100
Letter of Invitation
Drafting a letter of invitation for the purposes of applying for a visa (includes notarization fee): From $120
Statutory Declaration of Common Law Union
Drafting an affidavit or statutory declaration (includes fee of administering an oath): From $120
Statutory Declaration of Marital Status
Drafting an affidavit or statutory declaration (includes fee of administering an oath): From $120
Statutory Declaration in lieu of guarantor for the Passport Application
Includes certification of applicant's photo, declaration in lieu of guarantor and certification of documents that support the applicant's identity: From $100
Affidavits
Drafting an affidavit as required (includes fee of administering an oath): From $120
Certified Copy of Passport (including every page)
Flat rate for a certified copy of a standard Canadian passport or the equivalent (includes sealing through every page): $100
Note: if only one page is required, the standard notarization fee applies
* Prices subject to change without notice
Please fill the following form if you need to certify copies of Original Documents:
- Document Certification Form
**Please note that we are not your lawyers unless and until you sign a written Retainer with us.
We are a full-service mediation firm. You need it? We make it possible.
Our Mediation Department is dedicated to achieving sustainable, practical and affordable solutions. Our lawyers are skilled in exploring creative ways to resolve disputes.
What is mediation?
When involved in conflict, including legal disputes, mediation is the confidential process which allows the parties to self-manage these disputes and reach a negotiated agreement with the support of a neutral and impartial mediation, outside of court.
When you already have a case in court in Toronto, Windsor, and Ottawa, Mediation is a mandatory step in the process of litigation. As the Attorney General of Ontario website indicates, the purpose of mediation is not to determine who wins and who loses, but to develop creative solutions to disputes in a way that is not possible at a trial.
Indeed, the Attorney General of Ontario goes further and asks the parties to consider these questions in preparing for mediation:
What are the benefits of a mediation session?
Will I be forced to attend a mediation session?
Mediation is voluntary if it happens before a court case starts. You and the other party must be willing to try to work out a solution. You must both agree to the mediation.
If you do not mediate at the beginning of your civil dispute and decide to sue in court instead, you could still later participate in a mediation session.
During your court case you might be required to participate in a mediation session. Mediation is mandatory in most civil court cases in Toronto, County of Essex (Windsor) and Ottawa. Mediation is also mandatory in these three regions for contested estates, trusts and substitute decision proceedings. For more information about the Mandatory Mediation Program, visit the Ministry of the Attorney General's website at: www.attorneygeneral.jus.gov.on.ca/english/courts/manmed/notice.php.
How long is the mediation session?
The length of time of a mediation session, and the number of sessions required, will depend on many factors, such as:
Where is the mediation session held?
The mediation session may be held at any location that is convenient and acceptable to the parties, including the mediator's office and the office of one of the parties or one of the lawyers.
Do we still need lawyers?
The mediator does not take the place of a lawyer. Each party is encouraged to get independent legal advice before and throughout the mediation process.
It is very important for you to know about your legal rights and obligations and how the law affects your issues. Each party should review the final mediated agreement with his or her lawyer before signing.
If you do not reach an agreement during mediation, you can start a court case or continue your court case.
Who attends the mediation session?
All parties should attend the mediation session. If a party is represented by a lawyer, the lawyer must also attend.
What happens during a mediation session?
Before the mediation session begins, the mediator explains the mediation process and reviews the terms of the mediation, which may be set out in a written "agreement to mediate". Although mediation is an informal process, the mediator structures the discussion. All parties have a chance to present their side of the story, to explain what is important to them and to ask questions.
The mediator will help parties to reach a fair and lasting settlement. The mediator does not take sides or make decisions for the parties. Mediators cannot give you legal advice.
Who pays for a mediation session and how much does it cost?
Parties may share the cost of a mediation session. Parties pay mediators directly for their services. A mediation session is generally less expensive than suing in court.
Expertise: Areas of Practice
AFFORDABLE
Reduced and roster fees available. Use of premises at no cost.
If all parties' representatives are working pro bono, we will offer our services pro bono as well.
ACCESSIBILITY
Ample availability of dates
WIDE LOCATIONS
Woodbridge, Richmond Hill, Aurora, Scarborough, Pickering, Ajax, Whitby, Uxbridge, New Market, Oakville, London, Markham, Stouffville, Hamilton, Vaughan, King City, Caledonia, Halton, Milton, Burlington, Cobourg
SUSTAINABLE DEVELOPMENT
We continue to be mentored by 30 years mediation professionals including Frank Gomberg, Harold Cares and Jay Rudolph.
MEMBERSHIP
We are members of the Law Society of Upper Canada (LSUC), Family Mediation Canada (FMC) and the Family Dispute Resolution Institute of Ontario (FDRIO)
EXPERIENCE
We will put our 16 years of experience in the legal profession at your disposal
We help you to:
Recognize and address barriers to success by facilitating proactive dispute resolution protocols that support a performance driven culture.
Establish systems and developing proactive strategies to address your HR needs.
Achieve the goal of promoting a diverse successful workforce in light of your company policies & procedures, recruitment & selection strategy.
Lead the analysis & diagnosis of your needs.
Provide ongoing or requested coaching & support management on leadership development, talent and performance management.
Design and implement strategic workplace diversity and inclusion initiatives.