
Criminal Defence
- Three Types of Legal Fees. How to choose the best for youThe amount of legal fees is an important factor to consider before commencing legal action in Small Claims Court. 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 and landlord-tenant matters alike must get proper legal assessments. However,… Read more: Three Types of Legal Fees. How to choose the best for you
- What Courthouse is right for a claim about debt repayment?This is really a question of two parts: Which type of court do I make a claim in, and Which particular courthouse do I file a claim in? So, let’s answer it in two parts. First: What court to chose In Ontario, the type of court you sue a person in depends on how much… Read more: What Courthouse is right for a claim about debt repayment?
- In the Legal World: secret bank accounts, neighbour feuds, anon defamation, and allegiance to the QueenHere’s what we’ve found to be of interest recently: Man Jailed for Refusing Audit Tries to Pay taxes with SIN he Believes is Linked to Secret Bank Account A resident of Alberta, Mr. Sutherland, refused to hand over the password to the computer containing his accounting records to tax auditors, which landed him in jail.… Read more: In the Legal World: secret bank accounts, neighbour feuds, anon defamation, and allegiance to the Queen
- How does a criminal record affect me?A person can get a criminal record when the court convicts her or him of a crime under the Criminal Code of Canada. A criminal record may restrict employment opportunities. It may also affect the ability to travel. A criminal record may also impact professional licensing. These effects last until you obtain a pardon.
- Principles of the Canadian Criminal Justice SystemIn this article, we would like to discuss the fundamental principles of our criminal justice system. There are many 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. Four major principles form the basis of Canadian criminal… Read more: Principles of the Canadian Criminal Justice System
- Do I get a record right after being charged with a crime?A criminal charge has effects similar to a criminal record. As soon as the police lay a criminal charge, the information goes to the RCMP information centre. However, it disappears if the court dismisses the criminal charge. It also disappears if the Crown withdraws the charge. However, an accused gets a permanent criminal record if… Read more: Do I get a record right after being charged with a crime?
- How can I really defend a Fire Code violation?Multiple-unit and rooming houses landlords are a frequent subject of the Toronto Fire Services inspections. In general, there are two reasons for this attention: It is not uncommon when these inspections result in provincial offences charges under the Fire Protection and Prevention Act and Fire Code. These charges are quite complex and filled with details… Read more: How can I really defend a Fire Code violation?
- Shoplifting – Theft Under $5000. Paralegal Representation.Shoplifting is a colloquial term for theft in a retail store. The Criminal Code of Canada doesn’t have a special “shoplifting” provision. However, those accused of shoplifting are charged under s. 322 of the Code. This section deals with theft. Theft occurs when a person takes another person’s property and puts it to their own… Read more: Shoplifting – Theft Under $5000. Paralegal Representation.
- How to Fight a Dangerous Driving Charge with a ParalegalFormal Definition of Dangerous Driving Dangerous driving is a criminal offence. The Criminal Code of Canada describes it 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… Read more: How to Fight a Dangerous Driving Charge with a Paralegal
- Being in a bawdy houseCriminal Code of Canada 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… Read more: Being in a bawdy house
- Possession of under 5mg of illicit substancesControlled Drugs and Substances Act. This Act of federal legislation describes the offence and punishment. In addition, it lists drugs that are illegal in Canada.
- Shoplifting – Theft Under $5000. Paralegal Representation.Shoplifting is a colloquial term for theft in a retail store. The Criminal Code of Canada doesn’t have a special “shoplifting” provision. However, those accused of shoplifting are charged under s. 322 of the Code. This section deals with theft. Theft occurs when a person takes another person’s property and puts it to their own… Read more: Shoplifting – Theft Under $5000. Paralegal Representation.
- Mischief for under $5,000Criminal Code of Canada, section 430. 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… Read more: Mischief for under $5,000
- Fraud under $5,000 offence. Defence options with a paralegalCriminal Code of Canada, section 380(1)(b) 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… Read more: Fraud under $5,000 offence. Defence options with a paralegal
- Do I have to be in the court with my paralegal?This depends on your case. For traffic tickets, your appearance is usually not necessary unless you need to testify at your own trial. A paralegal should advise if you need to come. The Small Claims, criminal, and disability cases do require your presence. For example, the Rules of Small Claims Court require a party’s personal… Read more: Do I have to be in the court with my paralegal?
- How to fight a Common Assault Charge with a Paralegal“Assault” is a word we commonly use. Each of us has an understanding of what it means. Typically, when we think about the assault, we imagine someone punching or kicking another person. So, of course, this is an assault. First, however, we should begin by clarifying what “assault” means under the Criminal Code of Canada. … Read more: How to fight a Common Assault Charge with a Paralegal
- How to Deal with Domestic Assault. Defence with a ParalegalDomestic assaults are a significant part of the common assault cases. Almost all Crown offices have special domestic violence teams or units. The basics, which the Crown must prove in such cases, are not different from those in the common assault matters. To get a basic understanding of what “assault” legally means, you can begin… Read more: How to Deal with Domestic Assault. Defence with a Paralegal
Evictions
- Landlord Paralegal Toronto, OntarioLandlord Paralegal Toronto, Ontario Our Landlord Paralegal Toronto, Ontario, Sergey Bogdanov, has 24 years of experience with the Landlord and Tenant Board. He is a highly educated and licensed by the Law Society of Ontario. Sergey can handle any eviction case or situation. We serve our clients in Toronto, Mississauga, Brampton, Oakville, Durham Region, York… Read more: Landlord Paralegal Toronto, Ontario
- Tenant’s dog barks and aggressive. Can I evict the tenant?Landlord and tenant paralegal’s answer: The Residential Tenancies Act says that any rental agreement provision preventing a tenant from keeping a pet is void. However, this does not mean that the tenant is free of any obligations to keep a dog, cat or other pet from misbehaving. What can be done when the tenant’s dog… Read more: Tenant’s dog barks and aggressive. Can I evict the tenant?
- How expensive is it to evict a tenant? Fees and expensesSpecifics of the eviction process The Residential Tenancies Act (the Act) sets basic procedures for tenant evictions. However, these procedures are highly technical. Apparently, the legislator wanted to provide tenants with safeguards against arbitrary evictions. Legal technicalities accompany each step of the eviction process. The Act limits grounds for eviction. In addition, the landlord must… Read more: How expensive is it to evict a tenant? Fees and expenses
- Tenants Pay Hydro Bills – Must Know for Them and Landlords.Especially with increasing electricity prices, it is common for Ontario landlords to ask tenants to pay their own hydro bills. As a result, we have seen many complaints from landlords whose tenants rack up significant electricity charges but don’t pay the bill. So, what should landlords and tenants alike know about hydro bills? Landlord-Tenant Agreements… Read more: Tenants Pay Hydro Bills – Must Know for Them and Landlords.
- Tenant moved out and did not pay rent. How to deal with it?Tenant owes rent and moves out without notice. The tenant moved out and did not pay rent. It is not uncommon. In some cases, the amount of unpaid rent may be significant. Landlords often contact paralegals in Toronto, GTA and other areas about what they should do with that. How to collect the rent owing?… Read more: Tenant moved out and did not pay rent. How to deal with it?
- Opinion: Ontario Needs Condominium Tribunal Operating – NowThe boom of condominium development has made legal disputes between condo owners, boards, and developers more pertinent. There are many types of conflicts between these parties. Unfortunately, the legal system is not up to the challenge to resolve them effectively and efficiently. We don’t claim to have a broad understanding of the entirety of condominiums’… Read more: Opinion: Ontario Needs Condominium Tribunal Operating – Now
- What eviction notice really is. How to make and deliver it.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, the landlord initiates eviction for non-adversarial reasons. It may be the sale or major renovation of the rental property. Whatever it is, the Residential… Read more: What eviction notice really is. How to make and deliver it.
- How quickly can landlord evict tenant in Toronto and OntarioA landlord must get an eviction order from the Landlord and Tenant Board to get the tenant out. Fast tenant eviction is essential. Therefore, the faster the Board hears the landlord’s eviction application, the quicker the tenant is evicted. The current time from filing an eviction application to the hearing is about six to eight… Read more: How quickly can landlord evict tenant in Toronto and Ontario
- A bad faith T5 application. What can Landlord do?The T5 application is a helpful tool for tenants looking to claim compensation when they’ve had to leave their rental unit or be evicted because the landlord wanted to reclaim the space for personal use, major repairs, or even demolition. This option has been around for a while, but since the updates to the Residential… Read more: A bad faith T5 application. What can Landlord do?
- One tenant leaves. Another pays half of the rent. Options.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.
- Do I Need Paralegal To Evict Tenant In Ontario?Eviction Ontario is regulated by the Residential Tenancies Act. Please click on the link and read its parts related to the eviction. You don’t need much time to see that eviction rules are complex and highly technical. The legislation is specifically designed to give tenants as much protection as possible, even with an apparent reason… Read more: Do I Need Paralegal To Evict Tenant In Ontario?
- How to Collect and use the last month rent depositAlthough last month rent deposits are a reality of every tenancy, we often encounter questions and common misconceptions. We address some of these in this post. Can my tenant refuse to give me last month rent deposit? The Residential Tenancies Act is quite clear about allowing the landlord to require a tenant to pay a… Read more: How to Collect and use the last month rent deposit
- Tenant re-rents the unit on AirBnB. How to evict the tenant?This question is becoming increasingly relevant to many landlords, especially those who own Downtown Toronto condos. The short answer is “yes.” Issues for the landlord Undoubtedly, landlords whose tenants re-rent their property through AirBnB without their knowledge can face some unpleasant issues: Letters from condo building management demanding to stop noise and disturbances coming from… Read more: Tenant re-rents the unit on AirBnB. How to evict the tenant?
- How to Evict a Tenant through the Sheriff (in Ontario)A tenant does not comply with the eviction order. In the past, we talked about the process of evicting a tenant who hasn’t paid rent. To this end, we laid out the basic steps from issuing the notice of termination to obtaining an eviction order at the hearing. Also, we mentioned that the only way… Read more: How to Evict a Tenant through the Sheriff (in Ontario)
- Evicting a tenant for illegal activityThe Residential Tenancies Act is fairly comprehensive. To this end, it 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… Read more: Evicting a tenant for illegal activity
- How to deal with a tenant who is persistently late with rent.Tenant’s obligation to pay rent on time Of course, some landlords can be lenient in giving the tenants a day or two payment extensions. Still, 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… Read more: How to deal with a tenant who is persistently late with rent.
- My tenant hasn’t paid rent for two months. How quickly can I evict him?Eviction notice – 14 days As soon as you know that the tenant has not paid rent, you may give the tenant an eviction notice. The notice gives the tenant 14 days to pay or move out. Eviction application If the tenant does not pay rent or move out according to the Notice, you can… Read more: My tenant hasn’t paid rent for two months. How quickly can I evict him?
- Tenant harasses landlord. What can the landlord really do?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.
- I am selling the property and the buyers don’t want tenants – what do I do?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.
- Eviction. The landlord requires the property to live in it.How to evict your tenant in Toronto when you need the rental property for your own use through the Landlord and Tenant Board.
- How to deal with a tenant who damaged your propertyEvery landlord wants his or her property to remain in good condition throughout the tenancy. From this perspective, the tenant’s obligation to not damage the rental unit is of the same importance as paying rent. The Residential Tenancies Act (the Act) sets out that a landlord can evict a tenant in case he or she… Read more: How to deal with a tenant who damaged your property
- Tenant does not pay rent.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.
- Can I Enter Tenant’s Place? Do I need tenant’s permission?The Residential Tenancies Act regulates all questions relating to entry into a tenant’s unit. This Act contains fairly detailed rules which both the landlord and the tenant must follow. Unfortunately, not knowing these rules often leads to conflicts and lengthy procedures in the Landlord and Tenant Board. ENTRY WITHOUT NOTICE In general, the rules revolve… Read more: Can I Enter Tenant’s Place? Do I need tenant’s permission?
Family Legal Services
- Uncontested Divorce Paralegal ServicesAre you looking for a smooth and stress-free way to navigate your uncontested divorce? Our friendly and experienced divorce paralegal is here to support you every step of the way. Licensed and certified by the Law Society of Ontario, we specialize in helping you with a simple and affordable divorce without complications. We proudly serve… Read more: Uncontested Divorce Paralegal Services
- Divorce Paralegal Or Family LawyerUnderstanding the Difference Between a Divorce Paralegal and a Family Lawyer If you’re navigating an uncontested or joint divorce, you might be wondering what the difference is between a divorce paralegal and a family lawyer. In the past, many people turned exclusively to family lawyers for help, and the term “divorce paralegal” wasn’t as well-known.… Read more: Divorce Paralegal Or Family Lawyer
ODSP Appeals
- How to Appeal Denial of ODSP Disability Benefits in TorontoWhy you were denied ODSP disability benefits even though you met financial eligibility criteria You meet income eligibility criteria. However, Ontario Disability Support Program (ODSP) still denied disability benefits. Nevertheless, 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… Read more: How to Appeal Denial of ODSP Disability Benefits in Toronto
Small Claims
- Sale of Goods: Going to Small Claims Court with No ContractFor many businesses, the purchase and sale of goods has become routine. When 99 out of 100 sales go well, the parties might not even draft a contract. But what do you do on that last sale when things go sour, and you have no contract? How can you go to court? Sales of Goods… Read more: Sale of Goods: Going to Small Claims Court with No Contract
- Unpaid Debts in Small Claims Court: Role of the GuarantorBorrowing money is an everyday reality for almost all of us. As a result, credit is an important part of our personal finances. So naturally, debts have a measure of risk for both lenders and borrowers. However, a third party often bears the risk that is no less than the lender or borrower – the… Read more: Unpaid Debts in Small Claims Court: Role of the Guarantor
- Real estate deposit return dispute in the Small Claims CourtMany things may go wrong and lead to a cancellation of a real estate purchase. As a result, real estate transactions are quite a frequent subject of Small Claims Court litigation. It is especially so in a hot real estate market as in Toronto. With cancelled real estate transactions, the most salient issue is usually… Read more: Real estate deposit return dispute in the Small Claims Court
- Corporation Identity is a Must in the Small Claims CourtWhat is a corporation? Corporations are interesting legal entities. In the eyes of the law, they are persons. Accordingly, corporations have the rights that they can pursue in the courts via a representative. As with individuals, to pursue its interests in a court of law, the corporation must, in fact, exist. In a corporation’s case,… Read more: Corporation Identity is a Must in the Small Claims Court
- Can a Foreigner Sue in Ontario Small Claims Court?As the world becomes increasingly interconnected, we encounter more cases where individuals or corporations from the United States, the UK, and China sue in Ontario. Toronto Small Claims Court, in particular, often sees cases between plaintiffs and defendants from other provinces and countries. Can non-residents of Ontario use the Small Claims Court for enforcing contracts… Read more: Can a Foreigner Sue in Ontario Small Claims Court?
- Small Claims Court Limit Increases to $35,000.00TORONTO – Ontario Government is increasing the maximum amount of claims that can be made in the Ontario Small Claims Court to $35,000. The respective government regulation was made in October 2019. It should help to expedite civil cases which take years in the Superior Court of Justice. It will also allow people to hire… Read more: Small Claims Court Limit Increases to $35,000.00
- Small Claims Court: A Bad Settlement is Always Better than a Good Trial“A Bad settlement is always better than a good trial.” I would not agree with this phrase entirely—a settlement is not supposed to be good or bad. Instead, it must be acceptable for a party to a Small Claims Court proceedings. Nevertheless, it’s a good saying to remember, and people often repeat it in small… Read more: Small Claims Court: A Bad Settlement is Always Better than a Good Trial
- Dog attacked and bit my pet? How to get the owner to court.Dog attack cases in the Small Claims Court. Ontarians have 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. However, at the… Read more: Dog attacked and bit my pet? How to get the owner to court.
- How Small Claims Court works. What to expect. How to succeedThe Function of the Small Claims Court The Small Claims Court is a forum to reduce the strain of civil litigation on the Superior Court of Justice in Ontario. This cour implements the simpler and more efficient resolution of relatively minor disputes. These are disputes where no more than $35,000.00 worth of cash or property… Read more: How Small Claims Court works. What to expect. How to succeed
- Money, Relationships and the Small Claims CourtWho thinks about money while at a high point in a romantic relationship? In many, if not most serious relationships, partners freely give each other financial assistance. For example, a girlfriend helps her boyfriend to buy a new car. The boyfriend may lend a hand when his significant other is short on rent money. In… Read more: Money, Relationships and the Small Claims Court
- Real Estate Sale. Property Defects in Small Claims Court.The Small Claims Court can only order the return property or repayment of up to $35,000 in damages. Yet, the nature of cases this court considers can vary broadly. Among others, they include disputes arising from real estate transactions – the purchase and sale of homes. One specific example is a buyer’s claim for the… Read more: Real Estate Sale. Property Defects in Small Claims Court.
- Is there a limitation period for filing a small claim?Yes. The period is generally two years. However, this can sometimes be shorter or longer, depending on the particular case. The Limitations Act sets the basic 2-year limitation period and some exceptions from this rule. Click here to contact us if you need to assess your case.
- What is Important for Foreigners Suing in Small Claims CourtIf I live in the States, under what circumstances do I have to sue a person in an Ontario small claims court? In Ontario, the plaintiff 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 example, a resident of… Read more: What is Important for Foreigners Suing in Small Claims Court
- How to Sue in Small Claims Court: Key to SuccessHow to Sue in Small Claims Court: Keys to Success. Here are a few things to consider before you start a lawsuit in Small Claims Court. Know the person who you need to sue. A Small Claims Court plaintiff (the person suing) must know how to sue in Small Claims Court and the answers to… Read more: How to Sue in Small Claims Court: Key to Success
- How to Serve Plaintiff’s Claim in a Small Claims Court CaseService 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. The Rules of Small Claims Court are particular about it. Below, we answer some common questions about serving a plaintiff’s claim in the Small Claims Court procedure in… Read more: How to Serve Plaintiff’s Claim in a Small Claims Court Case
- How to Reschedule a Settlement Conference in Small Claims CourtUnderstandably, the Small Claims Court does not have the resources to inquire when every party is available for a court appearance. Accordingly, it happens with a fair frequency that one or both of them cannot attend a scheduled settlement conference. If you find yourself in that situation, here is what you should do to comply… Read more: How to Reschedule a Settlement Conference in Small Claims Court
- How to deal with a difficult contractorDisputes over construction, renovation, landscaping or other such work are the most common cases in the Small Claims Court. Undoubtedly, their success very much depends on proper actions at the very early stages of the conflict. Our practice shows that a homeowner is often somewhat at a loss when she or he faces contractor work… Read more: How to deal with a difficult contractor
- How to Use a Court Garnishment: 12 Common QuestionsWe 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 by creditors. 1. What is a garnishment? A garnishment… Read more: How to Use a Court Garnishment: 12 Common Questions
- Garage Refuses to Release your Car? How to get it back.Garage Does not Give Your Car Back. Disputes regarding the repair of motor vehicles are widespread. It is hard to find someone who has not had an awkward conversation with a guy in blue denim at least once in a lifetime. Sometimes, it may be hard to understand why the car is still stalling while… Read more: Garage Refuses to Release your Car? How to get it back.
- How to Defend Car Accident Claims in Small Claims CourtCar accident claims in Small Claims Court Car accidents are a relatively common cause of action in Small Claims Court. Usually, car accident cases come to Small Claims Court when one of the drivers involved had no insurance. So the insurance companies can’t address the matter between themselves. If this is the case, the insured… Read more: How to Defend Car Accident Claims in Small Claims Court
- Is Construction Lien an Option in the Small Claims Court?Small Claims Court is, undoubtedly, a popular venue for disputes about construction and renovation. But, unfortunately, non-payment for these types of work and dissatisfaction with the job is all too common. Construction Lien Outside of the small claims court procedure, unpaid contractors often seek a construction lien to encourage payment from the customer. As a… Read more: Is Construction Lien an Option in the Small Claims Court?
- Commercial Tenancy Disputes in Small Claims CourtThe 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 several key ways. Legislation and jurisdiction First, commercial and residential tenancies are governed by the Commercial Tenancies Act and Residential Tenancies Act. The two acts vary in… Read more: Commercial Tenancy Disputes in Small Claims Court
- How to fight an Accident Claim in Small Claims Courttypes of damages in the car accident cases 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 widespread in the Small Claims Court. But, of course, not all car accident cases end up in the Small Claims… Read more: How to fight an Accident Claim in Small Claims Court
- What you need to succeed in Small Claims Court: 4 thingsAnyone can sue anyone for anything at anytime. However, not every case will stick. The assessment of every small claim depends on the circumstances, of course. Nevertheless, there are always several central elements to establish for a small claim to be successful. We always look to these elements when people come to us looking to… Read more: What you need to succeed in Small Claims Court: 4 things
- How to Claim Moral Damages in Small Claims CourtIn an earlier post, we talked about the principles of causation, damage valuation and mitigation of damages as they apply to every small claim lawsuit. We also considered an odd situation of a woman with a cold. However, I’d like now to turn to a more common form of damages that plaintiffs often want to… Read more: How to Claim Moral Damages in Small Claims Court
- Lawsuits For Unpaid Rent In Small Claims CourtUndoubtedly, 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 Board The… Read more: Lawsuits For Unpaid Rent In Small Claims Court
- Small Claims Court: Claiming More than $35,000.00?I have a debtor who owes me $36,500.00… and I have not seen my money yet. Question of the client “Long story short, I am tired of promises of paying back. This is why I see no option other than filing a lawsuit. There is a problem, though: the amount owing is more than I… Read more: Small Claims Court: Claiming More than $35,000.00?
- Things You Really Need to Sue Contractor. Small Claims CourtHome renovation or reconstruction is one of the most common subjects for litigation in the Small Claims Court. For this reason, you need to think about possible litigation with your contractor pre-emptively. You should start gathering documents and other evidence before any dispute erupts. Hopefully, you will not need them in the future. However, if… Read more: Things You Really Need to Sue Contractor. Small Claims Court
- How to Succeed in Small Claims Court MotionThe Ontario Small Claims Court process provides for several types of court hearings and appearances. Here, we discuss one type of Small Claims Court hearings and procedural tools – motions. Small Claims Court Motions A motion is a procedural tool to resolve intermediate issues that are relevant to a small claims lawsuit. A motion is, in… Read more: How to Succeed in Small Claims Court Motion
- What are my expenses to handle a Small Claims Court case?Like other courts, the Small Claims Court, of course, collects fees for every step of the procedure that either party takes. The plaintiff’s (claimant’s) process begins with registering a small claim. The claim filing fee is $108.00. If the plaintiff and defendant do not settle the claim at the settlement conference, the Small Claims Court… Read more: What are my expenses to handle a Small Claims Court case?
- 6 Ways to Collect on a Small Claims Court JudgmentSo you’ve won your hard-fought battle and got a judgment in Ontario small claims court against the person who owed you $35,000. But, judgment or no judgment, he’s not paying. What now? To collect money on a small claims court judgment, you can: 1. Garnish a bank account. If you know the debtor’s banking information… Read more: 6 Ways to Collect on a Small Claims Court Judgment
- How to Succeed in Small Claims Court MotionWe 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.
- Default Judgment? How to Get Out and Get your Day in Court.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.
- Dog attacked and bit my pet? How to get the owner to court.Dog attack cases in the Small Claims Court. Ontarians have 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. However, at the… Read more: Dog attacked and bit my pet? How to get the owner to court.
- What Small Claims We Successfully Fought for Our ClientsOver the years, we have represented plaintiffs and, of course, defendants alike in the Toronto Small Claims Court, Richmond Hill Small Claims Court, Brampton Small Claims Court, Newmarket Small Claims Court and other small claims courts in Ontario. We have certainly encountered and handled small claims lawsuits and defences in a wide variety of situations.… Read more: What Small Claims We Successfully Fought for Our Clients
- How to get compensation for defamation in Small Claims CourtDefamation According to Canadian law, defamation is any communication that tends to lower the esteem of the subject in the minds of ordinary members of the public. Remedies for defamation In most defamation cases, a plaintiff claims two types of remedies: Defamation in the Small Claims Court How to prove defamation in the Small Claims… Read more: How to get compensation for defamation in Small Claims Court
- How to handle Small Claims Court case about contract breachReview the contract first. No matter whether you are a plaintiff or defendant in a small claims court matter about a breach of contract. The first step is, of course, to review the contract itself. From there, you would look to determine the following: whether there are good grounds to sue, what a good claim… Read more: How to handle Small Claims Court case about contract breach
- How to Collect on Unpaid Invoices in the Small Claims CourtWe discuss how to collect on unpaid invoices for goods or services in Toronto Small Claims Court, and the relevant questions and issues to consider.
- How to Get Compensation for Bad Construction or RenovationWe 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.
- How to Get Back Unpaid Personal Loan in Small Claims CourtPersonal lending and borrowing are widespread. For this reason, lawsuits for unpaid personal loans for $35,000 or less show up frequently in Toronto Small Claims Court. Promissory Notes in your Small Claims Court lawsuit If you lent money to another person and she or he did not pay it back, your best option is the… Read more: How to Get Back Unpaid Personal Loan in Small Claims Court
Traffic Tickets
- What you need to know about cellphone tickets (distracted driving)Legislation There has always been media attention to the regulation of cell phone use while driving. The 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. It has remained the same since. It reads:… Read more: What you need to know about cellphone tickets (distracted driving)
- I have a traffic ticket trial coming up. When I really need a paralegal?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: there are always fixes, even if your trial is tomorrow! If you are not sure about the date… Read more: I have a traffic ticket trial coming up. When I really need a paralegal?
- What is the deadline to dispute a traffic ticket in court?I got a traffic ticket. Are there any deadlines I have to meet? Yes, of course. According to the Ontario Provincial Offences Act, you should request a trial should within fifteen days. However, please try to contact us within ten days of receiving your ticket so we can file it on time. We can help… Read more: What is the deadline to dispute a traffic ticket in court?
- How to deal with a red light traffic ticket. Defence optionsRunning a red light is a common charge, yet there are many 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 record for… Read more: How to deal with a red light traffic ticket. Defence options
- Will Court Drop Traffic Ticket Due to the Covid-19 Pandemic?The COVID-19 pandemic invaded many aspects of people’s life. The justice system is one of them. Delays in bringing traffic court cases to a speedy conclusion become more and more common. The public health requirements to limit the spread of the infection are the main cause of these delays. The Canadian Charter of Rights and Freedoms provides… Read more: Will Court Drop Traffic Ticket Due to the Covid-19 Pandemic?
- How to Fight Improper Turn and Unsafe Lane Change Tickets.Sections 141(2) and 141(3) of the Highway Traffic Act.
- How to deal with a stop sign traffic ticket. Defence optionsFine and demerit points 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. A traffic ticket for disobeying a stop sign is sure to affect your driving record and insurance premiums adversely. For this reason, it… Read more: How to deal with a stop sign traffic ticket. Defence options
- Fail to stop for school busSubsections 174 (1) and (2) of the Highway Traffic Act
- Parking ticket. It is worth fighting?The parking ticket is not a moving violation under the Highway Traffic Act. Therefore, it does not affect the driver’s insurance. For this reason, it is best to just pay these, or you can request a trial with Parking Tag Operations.
- How to deal with a cell phone traffic ticket. Defence options.In 2010, following a slew of studies linking cellphone use with car accidents, the province of Ontario began fining drivers for “distracted driving.” This is a term for drivers using cellphones or other handheld devices while driving. Penalty for cellphone tickets Fine At the time of writing, the penalty for using a cellphone while driving… Read more: How to deal with a cell phone traffic ticket. Defence options.
- How to fight a fail to remain at scene of accident ticket.Penalties for the failure to remain Under Ontario law, the Highway Traffic Act, a driver who fails to remain at the scene of the accident faces: A fine from $400.00 to $2000.00. Also, there may be up to six months of imprisonment. The court has the discretion to suspend the license for up to 2… Read more: How to fight a fail to remain at scene of accident ticket.
- How to fight no insurance and other insurance charges.The requirement to have insurance The law requires every Ontario driver to carry insurance on his or her vehicle. The insurance is to compensate any injured parties in case of a collision. The police can charge a person driving without insurance with the offence under the Compulsory Automobile Insurance Act. Penalties for driving without insurance… Read more: How to fight no insurance and other insurance charges.
- How to deal with a speeding traffic ticket. Defence options.Speeding is the most common type of traffic ticket. However, though speeding may be a common offence, having a speeding conviction can be detrimental to driver records and insurance. Demerit points for speeding With speeding, the penalties get progressively more severe depending on the speed. Here’s the breakdown of speeding demerit points as it is… Read more: How to deal with a speeding traffic ticket. Defence options.
- Red light camera ticket? It’s not as bad as you might think.Red light camera ticket We get many questions about what to do with a red light camera ticket. Running a red light is a serious offence. For this reason, getting a red light ticket in the mail is worrisome to most people. Many people ask about their next steps. They know that under the Highway… Read more: Red light camera ticket? It’s not as bad as you might think.
- How to Defend Careless Driving Ticket: what is “Careless”?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. Penalties for Careless Driving What else can we say about careless driving… Read more: How to Defend Careless Driving Ticket: what is “Careless”?
- How to fight stunt driving ticket in Ontario“Stunt driving” is one of the most serious offences under the Highway Traffic Act. In addition, 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 driving.… Read more: How to fight stunt driving ticket in Ontario
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