Frequently Asked Questions
Spectrum Q&A

On this page, you will find answers to common questions we receive. For questions not listed here, and for other useful information, browse our blog.

General Questions
Do I have to attend the court with the paralegal?

This depends on your case. For traffic tickets, your appearance is usually not necessary. Small Claims, criminal, and disability cases do require your presence.

I am from outside the province, but have a legal matter in Toronto. What do I do?

In many cases, we can handle the entire process over phone, e-mail, fax, and other technology. For traffic offences and tenant evictions, your presence will usually not be required. For criminal matters and small claims, your presence is almost always necessary. We can begin the process using technology, but you may need to be present in Toronto for trials and other court appearances.

Small Claims Court
I am already in the middle of the small claims process. Can I still retain you?

Absolutely. We can come in at any stage. However, we advise against beginning the process by yourself and only retaining representation for a trial. The initial paperwork is central to the entire process, and it might be more difficult to reach a successful resolution if the claim or defence is not professionally prepared at the beginning.

Is there a limitation period on filing a small claim?

Yes. The period is generally two years, though this can sometimes be shortened or extended, depending on the particular case.

I made a loan in Toronto, but in foreign currency. Can I collect it through the Toronto Small Claims court?

Yes, absolutely. The currency will simply be converted to Canadian dollars at the appropriate exchange rate.

Traffic Tickets
I got a traffic ticket. Are there any deadlines I have to meet?

I got a traffic ticket. Are there any deadlines I have to meet?
Yes. A trial should be requested within fifteen days. Please try to contact us within ten days of receiving your ticket so we can file it on time, be we can help you even if you missed the fifteen day deadline.

I have a traffic ticket trial coming up. When should I contact you if I’d like you to represent me?

Please try to contact our office two months before the trial date. This will give us enough time to request disclosure and prepare without having to adjourn the date. However, don’t panic if you missed this time, either: there are always fixes, even if your trial is tomorrow!

I got a ticket. How long is it until it is completely resolved?

From the time you bring the ticket to us and until resolution takes, on average, about a year. This varies among court locations though: times are longer in the GTA and significantly shorter in areas outside Toronto.

I got a ticket. Is my insurance affected immediately?

If you fight the ticket, your insurance or points are not affected in any way until the matter is resolved in trial.

Do parking tickets affect my insurance?

No, not at all. It is best to just pay these, or you can request a trial with Parking Tag Operations.

Tenant Evictions and Relations
My tenant hasn’t paid rent for two months. How quickly can I evict him?

As soon as you know that the tenant has not paid rent, you may give him or her a Notice of Termination. If the tenant does not pay rent or move out by the date on the Notice, you can file an application for eviction with the Landlord and Tenant Board. This entire process takes about two weeks. After the application has been filed, a hearing is scheduled. The hearing occurs about three weeks after the application has been filed. If you are successful and obtain an eviction order, the tenant will have about ten days to comply with the order. If he or she does not, you must file the order with the Sheriff’s Office, so the sheriff will forcibly evict the tenant. This eviction takes another two weeks or so. In total, from the time you issue the Notice of Termination, the eviction process can take between 5 and 8 weeks.

What are the expenses invovled with evicting a tenant?

Apart from legal fees if you retain representation, there is an application fee of $170.00 payable to the Landlord and Tenant Board at the time the application is filed. However, if you are successful in your application, the tenant would be ordered to pay this amount back to you.

Criminal Defence
How does a criminal record affect me?

A criminal record restricts employment opportunities and travel and impacts professional licensing. These effects last until you obtain a pardon.

What is meant by a settlement in a criminal case?

In a criminal case, a settlement is a result of negotiations with the prosecution before the trial. Settlements aim to reduce penalties, re-qualify the offence into a less serious one, or introduce other programs to avoid a criminal record.

Am I affected as soon as I am charged with a criminal offence, and what are the effects?

A criminal charge has effects similar to a criminal record, but these only last until the matter is resolved in court