Criminal Defence
By: Spectrum Paralegal
January 2, 2014

Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam. quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, […]

For those charged with a criminal offence, choosing a representative is an important and stressful decision. After paralegals became licensed in 2008, before choosing an individual representative, Ontarians can now choose the class of representatives they can and would like to have. So, a lawyer or paralegal? First off, this depends on the nature of […]

By: Spectrum Paralegal
January 2, 2014

“Assault” is a word we commonly use, and each of us has an understanding of what it means.  Typically, when we think about assault, we imagine someone punching or kicking another person. Although this is generally considered assault, of course, for the purposes of a conversation with someone who was charged with assault in Toronto […]

By: Spectrum Paralegal
June 30, 2012

In this article, we would like to discuss the fundamental principles of our criminal justice system. There are a number of memorable statements regarding these principles, such as “innocent until proven guilty.” What we would like to do is give these statements meaning, and explain their practical outcomes. There are four major principles which form the basis of Canadian […]

By: Spectrum Paralegal
January 2, 2014

Formal Definition of Dangerous Driving Dangerous driving is a criminal offence that the Criminal Code of Canada describes as operating “a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated […]

By: Spectrum Paralegal
January 2, 2014

Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam. quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, […]

By: Spectrum Paralegal
January 2, 2014

Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam. quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, […]

By: Spectrum Paralegal
January 2, 2014

Shoplifting is a colloquial term for theft in a retail store. The Criminal Code of Canada doesn’t have a special “shoplifting” provision. Those charged with shoplifting are charged under s. 322, which deals with theft. Speaking briefly and in simple, non-statutory terms, theft occurs when a person takes another’s property and puts it to their […]

Disability Appeals

Why you were denied ODSP disability benefits even though you met financial eligibility criteria If you meet income eligibility criteria and were still denied Ontario Disability Support Program (ODSP) disability benefits, it doesn’t mean that you don’t deserve disability benefits or aren’t eligible. There are a lot of factors beyond your control that can lead to […]

Evictions
By: Spectrum Paralegal
January 2, 2014

The Residential Tenancies Act is fairly comprehensive, and considers circumstances where a tenant carries out an illegal act or illegal business in the rental unit. Here’s what you should know. What is considered an illegal act by the tenant There are several conditions that a tenant’s act would need to meet to be characterized as […]

In this post we discuss what to do if you have two tenants, one of whom has stopped paying rent and moved out, and the other tenant stays in the unit, but only pays his half of the rent.

By: Spectrum Paralegal
June 18, 2013

A step-by-step overview of how to evict a tenant through the Sheriff if the tenant doesn’t move out despite an eviction order.

Landlords we encounter are often surprised at the complexity of the process of evicting a tenant when circumstances change and they decide that they need the rental property for use by themselves or a close family member. Although the process is onerous, it makes legal sense: although the landlord retains ultimate ownership of the property, […]

In this post, we discuss what the landlord of a tenanted property can do to legally evict a tenant on the grounds that the house or condo is being sold, and the buyer doesn’t want tenants.

How to evict your tenant in Toronto when you need the rental property for your own use through the Landlord and Tenant Board.

By: Spectrum Paralegal
July 30, 2012

All questions relating to entry into a tenant’s unit are regulated by the Residential Tenancies Act. This Act is a large volume of law which contains fairly detailed rules which both the landlord and the tenant must follow. Not knowing these rules often, unfortunately, leads to conflicts between landlords and tenants and lengthy procedures in the Landlord and Tenant […]

A step-by-step overview of the process for Ontario landlords to evict tenants through the Landlord and Tenant Board for non-payment of rent, from issue of the notice of termination to the eviction hearing.

By: Spectrum Paralegal
January 2, 2014

Every landlord wants his or her property to remain in good condition throughout the tenancy. From this point of view, the tenant’s obligation to not damage the rental unit is of the same importance paying rent.  The Residential Tenancies Act sets out that a tenant can be evicted in case he or she has damaged […]

Discussing tips on creating agreements between landlords and tenants for the tenant to pay the rental’s hydro bill, and basics of process to evict a tenant for not paying the electricity bill despite an agreement to do so.

By: Spectrum Paralegal
August 3, 2016

There are many reasons why a landlord may want to evict the tenant. There may be issues with the tenancy or the landlord-tenant relationship, such as unpaid rent. In other cases, tenant eviction is initiated for non-adversarial reasons, such as the sale or major renovation of the rental property. In either case, if the landlord […]

We consider what constitutes harassment or interference by the tenant, and how the landlord can evict the tenant for harassment or interference through the Landlord and Tenant Board in Ontario.

First, some landlords can be lenient in giving the tenants a day or two of payment extension, but let’s be clear that by law, the rent payment is late even if it’s late by just one day (though the later the payment, the stronger the landlord’s case). At the same time, one late payment isn’t […]

Small Claims

Here we discuss the instances when it is acceptable to make a claim for “moral damages”: damages for pain and suffering or mental anguish, and the other types of compensation that can be claimed for more subjective forms of wrongdoing.

By: Spectrum Paralegal
July 22, 2013

So you’ve won your hard-fought battle and got a judgment in Ontario small claims court against the person who owed you $25,000. Judgment or no judgment, he’s not paying. What now? To collect money on a small claims court judgment, you can: Garnish a bank account. If you know the debtor’s banking information (banking institution and […]

By: Spectrum Paralegal
January 1, 2014

Whether you are a plaintiff or defendant in a small claims court matter related to a breach of contract, the first step is, of course, to review the contract itself. From there, we would look to answer several questions in order to determine whether there are good grounds to sue, what a good claim or […]

An illustration of the elements of wrongdoing, causation, damages and their valuation, and damage mitigation, at least some or all of which may need to be proven in any small claims court case.

By: Spectrum Paralegal
January 21, 2013

Personally, I do not know any driver who has never been in a car accident. So, as one might expect, small claims related to car accidents are very common in the Small Claims Court. Of course, not all car accident cases end up in the Small Claims Court. Several factors must come together to make […]

By: Spectrum Paralegal
January 1, 2014

We discuss how to collect on unpaid invoices for goods or services in Toronto Small Claims Court, and the relevant questions and issues to consider.

By: Spectrum Paralegal
June 13, 2016

The legal framework governing commercial tenancies – leases of offices, warehouses, production facilities and other business premises – is different from the framework that governs residential tenancies in a number of key ways. First, commercial and residential tenancies are governed by the Commercial Tenancies Act and Residential Tenancies Act, respectively, and the two acts vary […]

By: Spectrum Paralegal
January 1, 2014

We discuss what to do if a contractor did a bad job on your renovation or construction project, whether you paid for the project in full or not.

By: Spectrum Paralegal
January 14, 2013

Small Claims Court is a popular venue for disputes related to construction and renovation. Non-payment for work done and dissatisfaction with the job is all too common.  Outside of the small claims court procedure, unpaid contractors often seek a construction lien to encourage payment from the customer. As a result, customers frequently have to deal […]

A default judgment is one that is issued without a trial. In order to have it set aside, the defendant must file a motion and meet three requirements: a meritorious defence, a reasonable explanation for not filing a defence/missing the trial, and reasonableness of time within which the motion is filed. The Small Claims Court judge can then issue an order setting aside the default judgment and the matter will proceed as usual.

By: Spectrum Paralegal
April 25, 2016

This post discusses how uninsured drivers can defend car accident claims filed by insurance companies in small claims court.

By: Spectrum Paralegal
December 16, 2013

We discuss how domestic assault differs from common assault, the immediate consequences of a domestic assault charge, the consequences of a conviction of domestic assault, and how a paralegal can help with a charge of domestic assault.

Disputes related to the repair of motor vehicles are widespread.  It is hard to find someone who, at least once in lifetime, has not had an awkward conversation with a guy in blue denim, asking him why the car is still stalling while the payment is still being requested. It is even more awkward when […]

By: Spectrum Paralegal
July 30, 2013

We talked before about how to collect on a Small Claims Court judgment. In this post, we take a closer look at the process of garnishment, which is a common and one of the most effective ways to collect your money.  Here are the most common questions asked by creditors.  1. What is a garnishment and […]

By: Spectrum Paralegal
May 30, 2016

Disputes with contractors over construction, renovation, landscaping or other such work are the most common type of cases in the Small Claims Court, and their success very much depends on proper actions being taken at the very early stages of the conflict. Our practice shows that a home owner is often somewhat lost when faced […]

By: Spectrum Paralegal
October 18, 2013

The Small Claims Court, understandably, does not have the resources to inquire when every party to a proceeding is available for a court appearance. Accordingly, it happens with fair frequency that one or both of the parties is unable to attend a scheduled date of settlement conference. If you find yourself in that situation, here […]

Service of the plaintiff’s claim is one of the most important steps for the Small Claims Court procedure. Service means delivery of the claim to the defendant. Below, we answer some common questions about how a plaintiff’s claim can be served in a small claims court procedure in Ontario. First, let’s talk about: Why is […]

If I live in the States, under what circumstances do I have to sue a person in an Ontario small claims court? In most jurisdictions, including Ontario, the plaintiff (claimant) must sue the defendant in the small claims court of the jurisdiction where the defendant resides or carries on business. So, if you are, for […]

This is really a question of two parts: Which type of court do I make a claim in, and Which particular courthouse do I make a claim in. So, let’s answer it in two parts. First: In Ontario, the type of court you sue a person in depends on how much you are suing for. […]

By: Spectrum Paralegal
March 4, 2013

No doubt that most landlords and tenants deal with each other peacefully and with a required degree of dignity. Well….  The fact, nonetheless, is that the Landlord and Tenant Board looks like the busiest quasi-judicial body in the province. Conflicts between landlords and tenants are an unfortunate reality of everyday life.  The Landlord and Tenant […]

Discusses suing in the small claims court for property defects (mould in basement, leaking roof) that were discovered by the buyer after purchase.

By: Spectrum Paralegal
January 2, 2014

Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam. quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat. Duis autem vel eum iriure dolor in hendrerit in vulputate velit esse molestie consequat, […]

By: Spectrum Paralegal
March 23, 2013

Who thinks about money while at a high point at a romantic relationship? In many if not most serious relationships, partners freely give each other financial assistance, as when, for example, a girlfriend helps her boyfriend to buy a new car or the boyfriend lends a hand when his significant other is short on rent […]

By: Spectrum Paralegal
September 7, 2016

The Function of the Small Claims Court The Small Claims Court is a forum meant to reduce the strain of civil litigation on the Superior Court of Justice in Ontario, and promote simpler and more efficient resolution of relatively minor disputes. Briefly put, a minor dispute in this case is one where no more than […]

By: Spectrum Paralegal
January 1, 2014

A note about the many different situations Spectrum Paralegal encountered in Ontario Small Claims Courts over the years.

By: Spectrum Paralegal
October 9, 2012

Ontario has lots of dogs. I never realized this until becoming a dog owner myself. Try to walk along a street in a residential area: there is a dog in every other house.  I can now appreciate how much joy a dog can bring, but at the same time, dog ownership can sometimes cause legal […]

By: Spectrum Paralegal
December 3, 2012

Discusses ways that sale of goods disputes are resolved in Small Claims Court in the absence of a sales contract.

By: Spectrum Paralegal
July 23, 2012

In most defamation cases, a plaintiff claims two types of remedies: Monetary compensation for the damages to his or her reputation  A court order commanding a defendant to retract the defamatory statement. The Small Claims Court deals only with those claims where the remedy requested is for paying money or returning property. It means that […]

By: Spectrum Paralegal
June 15, 2012

Like other courts, the Small Claims Court collects fees for every step of the procedure taken by either party. The plaintiff’s (claimant’s) process begins with the registration of a small claim, which costs $75.00. If the claim is not settled at the settlement conference and a trial is required, the fee to request a trial is $100.00. Motion hearings that […]

“A Bad settlement is always better than a good trial”. Though I would not agree with this phrase entirely—a settlement is not supposed to be good or bad, but acceptable for a party to a Small Claims Court proceedings – it’s a good saying to remember and is often repeated in small claims court rooms. […]

By: Spectrum Paralegal
July 17, 2012

 I have a debtor who owes me $26,500.00… and I have not seen my money yet. Long story short, I am tired of promises of paying back and see no option other than filing a lawsuit. There is a problem though: the amount owing is more than I can claim in the Small Claims Court. At […]

By: Spectrum Paralegal
January 1, 2014

We discuss what a small claims court motion is and its basic process, as well as common types of motion hearings, such as motion to adjourn, set aside a default judgment, produce documents, or dismiss the small claim.

By: Spectrum Paralegal
January 1, 2014

Personal lending and borrowing is widespread, so lawsuits related to unpaid personal loans for an amount of $25,000 or less show up frequently in Toronto Small Claims Court, as well. The Role of Promissory Notes in your Toronto Small Claims Court lawsuit If you’re in a situation where you lent money to another person and were […]

If you’re being sued or are suing in small claims court by a corporation, begin with checking whether the corporation exists: non-existent corporations are like people who never lived, and litigating with non-existent entities is futile.

By: Spectrum Paralegal
April 19, 2017

We discuss failed real estate transactions and circumstances of the seller keeping, or the buyer claiming, the real estate deposit in Small Claims Court.

By: Spectrum Paralegal
October 28, 2013

The amount of legal fees is an important factor to consider when considering whether to commence a legal action in Small Claims Court and evaluating options. This is, of course, very understandable. At the end of the day, retaining a legal representative is a business decision. Small Claims Court cases, criminal charges sand landlord-tenant matters […]

By: Spectrum Paralegal
September 26, 2013

Home renovation or reconstruction is one of the most common subjects for litigation in the Small Claims Court. With lengthy and complicated processes, there is lots of room for disagreement. Most frequently, there are disputes about: Quality of workmanship Completeness of work Time to finish It would not be an exaggeration to say that the […]

By: Spectrum Paralegal
January 30, 2013

Borrowing money is an everyday reality for almost all of us. Whether it’s in an emergency or for spending big ticket items like a home renovation, credit is an important part of how personal finances. Naturally, debts have a measure of risk for both lenders and borrowers. What doesn’t come to mind right away, however, […]

Traffic Tickets

Police officers often give out careless driving tickets in the event of a car accident. It is no wonder: the very fact that the accident happened suggests that one or both drivers did not pay sufficient attention or thought required to avoid it. What else we can say about careless driving tickets? There are many […]

By: Spectrum Paralegal
January 2, 2014

In 2010, following a slew of studies linking cellphone use in the car with car accidents, the province of Ontario began fining drivers for “distracted driving” – for using cellphones or other handheld devices while driving. Penalty for cellphone tickets At the time of writing, the penalty for using a cellphone while driving in Ontario […]

By: Spectrum Paralegal
October 19, 2016

The idea that a Provincial Offences Court may dismiss a traffic ticket if the trial is delayed is fairly widely known, and this is, indeed, the case. The Canadian Charter of Rights and Freedoms provides for an individual’s right to be tried within a reasonable time. A traffic ticket, like any other charges under the […]

By: Spectrum Paralegal
January 2, 2014

The traffic offence of disobeying a stop sign carries three demerit points. Apart from the fine, demerit points, as you know, impact your insurance rates and driving record. Since a traffic ticket for disobeying a stop sign is sure to adversely affect your driving record and insurance premiums, it is always best to fight it […]

By: Spectrum Paralegal
January 2, 2014

Under Ontario law, the Highway Traffic Act, a driver who fails to remain at the scene of the accident faces a fine from $200.00 and up, and up to six months of imprisonment, together with seven demerit points. A driver would be charged under the Highway Traffic Act if the consequences of the accident were […]

By: Spectrum Paralegal
January 2, 2014
By: Spectrum Paralegal
January 2, 2014

Running a red light is a common charge, yet there are a lot of factors to consider in fighting it. First: Penalties for a red light ticket The penalties for running a red light in Ontario are: three demerit points a fine for a total of $325.00 a conviction that will remain on your driving […]

A lot of people ask us what to do with their red light camera traffic tickets – it’s unpleasant to get these in the mail. But they’re really not that bad. Since the camera doesn’t see who’s driving, it can’t attach the offence to a driving record. Therefore, unlike red light tickets issued by the police, the camera tickets entail only a fine, but no demerit points or record on the driver’s abstract. Usually, it’s easiest to just pay the fine.

By: Spectrum Paralegal
January 2, 2014
By: Spectrum Paralegal
January 2, 2014

Every Ontario driver is required by law to carry insurance on his or her vehicle, to compensate any injured parties in case of a collision. Drivers found to be driving without insurance may be charged with the offence of driving with no insurance under the Compulsory Automobile Insurance Act. The most significant consequence of driving […]

By: Spectrum Paralegal
July 16, 2013

Speeding is the most common type of traffic offence – who among us hasn’t pushed the car just a little faster than it’s suppose to go? However, though speeding may be a common offence, having a speeding conviction can be detrimental to your driving record. With speeding, the penalties get progressively more severe depending on […]

By: Spectrum Paralegal
January 2, 2014

“Stunt driving” is one of the most serious offences with which an Ontario driver can be charged. The penalties for a conviction of stunt driving in Ontario are the most severe in Canada after they were increased in 2007. Penalties for stunt driving in Ontario There are several types of penalties for a conviction of stunt […]

By: Spectrum Paralegal
June 1, 2012

One of the most dreaded consequences of being convicted of a traffic offence is the subsequent increase in insurance rates, which can become twice as high, depending on the severity of the charge. This makes communicating with the insurance company an important aspect of handling traffic offences. So, what does one tell them? This depends […]

There has been much talk about tightening the regulation surrounding the use of cellphones while driving as statistics suggests that such use is responsible for many accidents. The original section of the Highway Traffic Act that prohibited using a phone while driving came into effect in 2009, and has remained the same since. It reads: […]

Testimonials
Sylvie, Toronto

I really appreciated your attention to details, your level of preparation which was impressive, and enthusiasm. I am really happy we have Spectrum Paralegal in our corner. Thank you for being the champion of our small claims court!