Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place. — Frederic Bastiat
Services for First-Time Entrepreneurs and Small Business Owners
Are you running a corporation for the first time? Are you a new business owner unsure about the legal requirements of running a business?
PSWLaw is pleased to announce a new line of services dedicated to those who are new on the scene.
We can to provide you with the following information:
How to incorporate
What is a “minute book”?
Your obligation to keep records
When you need to be registered with tax authorities
Issuing shares
Registering shareholders
Electing board of directors
Appointing officers
Adopting the corporate seal
How to update corporate records
On going consultation and legal advice
Our aim is not to take care of the records for you, but to provide you with the tools so you can do it yourself and reduce your future legal fees.
To book an appointment, please call our 24-hour confidential voicemail box: 416-433-5531.
Notary Public Services
As a barrister, solicitor, and notary public, I’m pleased to offer the following services:
Notarization
Commissioning affidavits
Authentication of documents
Certifying document copies and photographs
Statutory declaration
Costs for Notarization and Commissioning Affidavits:
The costs of notary public services are$40.00for the first document and $25.00 for each subsequent document. Taxes are not included.
The Legal Benefits of Getting Married
Why get married? It turns out that, besides the love, affection, and companionship provided by their spouses, married couples also enjoy quite a few entitlements in law not available to”common-law” couples.
To a great extent in modern Canadian jurisprudence, cohabiting couples who have lived together for a certain amount of time enjoy a vast degree of protection in common law and under the legislation (for example, spousal support under the Family Law Act* and dependency claims under the Succession Law Reform Act^). But a few entitlements remain in the exclusive domain of married couples.
Unlike cohabiting couples, who generally are required to prove that they have lived together for a certain number of years before they become entitled to the spousal benefits, married couples (same-sex or opposite-sex) are instantly recognized in Canada. It doesn’t matter if the couple have only met yesterday and got married today (as so do many in Las Vegas); the fact that they’re married entitles them to spousal support and property division rights under the Family Law Act in Ontario if their relationship should breakdown (although the amount in question is debatable).
Under the Family Law Act, married spouses are entitled to certain posessory rights with respect to the matrimonial home, regardless of which spouse owns it. For example, both spouses are entitled to live in the home, and neither may dispose of or encumber an interest of the matrimonial home without the other’s consent or a court order.
Married spouses also automatically become each other’s official next of kin. This entitles a spouse to give (or withhold) necessary consent for healthcare and other purposes. Generally, the married spouse has priority in giving or withholding such consent over blood relations such as parents.
The same can’t be said for unmarried cohabitants, who often have to prove their relationship before they are recognized as the next of kin. This can create a significant obstacle in emergency situations.
Further, if the relationship breaks down, the Family Law Act distinguishes clearly between married couples and cohabiting couples. Only married couples are entitled to the statutory right of equalization, meaning, the equal division of properties accumulated during the marriage.
What’s more, if one married spouse predeceases the other, the survivor is entitled to an election between the equalization payment and what has been left for him or her under the will or, where there isn’t a will, under the law of intestacy. Unfortunately, this option isn’t available to cohabiting couples, even though under common law they may be recognized as spouses for other purposes.
Finally, in litigation, there is a limited privilege (”marital privilege“) for married couples, in that one spouse can’t be compelled to testify against the other regarding confidential information communicated between them during marriage. However, this rule has very limited application in modern Canadian law, as it has been narrowly defined by the courts, with various exceptions attached to it.#
*R.S.O. 1990, c. F3
^R.S.O. 1990, c. S.26
# see e.g., Evidence Act, R.S.O. 1996, c. E.23, s.11
PSWLaw is your proud advocate in family law matters.
Please Note: This article is provided for information and educational purposes and is protected by copyright. It does not constitute legal advice and should not be regarded as such. Regulation referred to may have been amended or repealed since the publication of the article.
Marriage Contracts and Prenuptial Agreements: Factors and Considerations
In Ontario the legal term for an agreement contemplating a marriage and the possible breakdown thereof is “marriage contract.” As marriage contracts are often referred to as “prenuptial agreements“, the term more commonly used in the U.S., I will use the two terms interchangeably here.
The present governing provision on marriage contracts is section 52 of the Family Law Act, which is reproduced below:
52. (1) Two persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage or on death, including,
(a) ownership in or division of property;
(b) support obligations;
(c) the right to direct the education and moral training of their children, but not the right to custody of or access to their children; and
(d) any other matter in the settlement of their affairs.
The authors of Domestic Contracts^ provided the following non-exhaustive list of factors that should be considered when drafting a marriage contract:
BACKGROUND
1. Name of each after marriage.
2. Disclosure of all significant income, assets and liabilities.
3. Description of marital status, current children.
4. Reasons for contract.
5. Special considerations.
6. Whether children contemplated.
7. Value of “Net Family Property” on marriage.
PROPERTY
8. What property will be exclusively owned?
9. What property will have shared ownership?
10. How will ownership be established?
11. How will shared property be divided on termination of marriage?
12. Will business interests be treated specially?
13. Will one spouse have the right to make any claim against the property of the other?
14. How will expenses be shared for it?
15. Who will own it?
16. Can one “buy into” it if other owns it?
17. What happens to home on termination of marriage?
18. Will there be buy out provisions on termination?
19. If it is solely owned do you wish the right of the non-owner to be diminished or eliminated?
DEBTS
20. Which debts are to be mutual?
21. Which debts are to be sole?
22. Special provisions for guarantees.
23. How are debts divided on termination of the marriage?
CHILDREN (IF ANY)
24. Are there to be clauses about their upbringing?
25. What name on birth?
26. Is there to be the right to change child’s name?
27. Obligations to support during cohabitation.
28. Formula for support on separation.
29. Restrictions on permanent removal from place of residence if separation occurs.
SPOUSAL SUPPORT
30. Are there any circumstances when there shall be none?
31. Are there any circumstances in which there will be support payable
32. If support is to be payable, are there terms to limit duration and amount?
33. Will support automatically vary with the cost of living?
Of course, the factors above are not meant to be “one size fits all.” When you’re contemplating entering into a marriage contract, it’s important to consult a lawyer so that your interests are adequately protected.
PSWLaw drafts marriage contracts and prenuptial agreements tailored to your unique needs.
#R.S.O. 1990, c. F3.
^ Hugh G. Stark & Kirstie J. MacLise, Domestic Contracts: a comprehensive guide to marriage, cohabitation and separation agreements in British Columbia and Ontario, looseleaf (Toronto : Carswell, 1986-2003) at 274.
Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Legislation referred to may have been amended or repealed since the publication of the article
Copyright 101 can be found here for authors and publishers.
Toronto-based PSWLaw is your business’ legal advisor.
Consequences of Failure to Pay Support
In Ontario family law support payments (spousal and child support) are administered by the Family Responsibility Office, often referred to as the FRO. The FRO enforces support obligations pursuant to court orders or registered domestic agreements on behalf of the recipient.*
What happens if a support payor refuses to pay?
Upon the filing of an order or a domestic agreement, the FRO has the power to deduct the support payments directly from the payor’s source of income, such as wages and salary. The FRO may also seize assets of the payor and/or register a lien against them.
If the payor doesn’t have the necessary income or assets to satisfy the amount payable, the FRO may administratively suspend the payor’s driver’s licence. Other licences, such as a licence granted under the Fish and Wildlife Conservation Act, 2006, may also be suspended.+
Besides the suspension of licences, the FRO may request a default hearing before the court, requiring the payor to provide financial information as prescribed by statutes and regulations, and to appear and explain the default. If the payor doesn’t show up, a bench warrant may be issued for the payor’s arrest.
At the default hearing, if no good reason is given to the court, the judge may order that the payor:^
(a) pay all or part of the arrears by such periodic payments as the court considers just, but an order for partial payment does not rescind any unpaid arrears;
(b) discharge the arrears in full by a specified date;
(c) comply with the order to the extent of the payor’s ability to pay;
(d) make a motion to change the support order;
(e) provide security in such form as the court directs for the arrears and subsequent payment;
(f) report periodically to the court, the Director or a person specified in the order;
(g) provide to the court, the Director or a person specified in the order particulars of any future change of address or employment as soon as they occur;
(h) be imprisoned continuously or intermittently until the period specified in the order, which shall not be more than 180 days, has expired, or until the arrears are paid, whichever is sooner; and
(i) on default in any payment ordered under this subsection, be imprisoned continuously or intermittently until the period specified in the order, which shall not be more than 180 days, has expired, or until the payment is made, whichever is sooner.
It’s important to remember even if a payor is taken into custody (put in jail), time spent in custody doesn’t reduce the arrears owing. The on-going obligation to pay support doesn’t stop, either. After getting out of the jail, the payor will be responsible for the amount owing, including any payments that have become due during the payor’s jail time.
*Family Responsibility and Support Arrears Enforcement Act, 1996, S.O. 1996, c. 31.
+This provision (Part V.1 Suspension of Licences under Fish and Wildlife Conservation Act ) is added to the Act on a day to be named by proclamation of the Lieutenant Governor.
^s.41(10)
Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Legislation referred to may have been amended or repealed since the publication of the article.
Administrative Law
I appear regularly before various administrative tribunals, including the following ones.
Landlord and Tenant Board
Tenant’s rights
Non-payment of rent
Unreasonable interference with the quiet enjoyment of property
If you require assistance for your administrative law appeal matters, please do not hesitate to contact me at 416 433 5531.
Divorce and Separation
The terms “divorce” and “separation” have specific meanings under the law of marriage and divorce in Ontario and Canada.
For cohabiting couples, or couples in a common-law marriage, when the spouses stop living together and there is no reasonable prospect for them to start living together again, the cohabitation unit is dissolved. Both parties are then technically free to marry or cohabit with another person immediately.
For married couples, although the spouses are free to start living with someone else immediately after separation, they cannot enter into another marriage before a decree of divorce is granted by the Superior Court.
What about support payments?
Because of Canada’s unique constitutional division of power, separation and divorce are governed under different laws. In Ontario couples not seeking a divorce are governed under the Family Law Act; for couples seeking divorce, the Divorce Act applies.
Regardless of whether a divorce is granted, support obligations nonetheless exist under both statutes. Therefore, one spouse can commence a proceeding against the other for child support or spousal support payments, or both, immediately after they stop living together, whether he or she is seeking a divorce or not.
Typically, I recommend that clients start negotiating a mutually acceptable separation agreement or commence a proceeding under the Family Law Act in a provincial court immediately after they have stopped living together. This will help expedite the matter and reduce the cost.
If the parties are able to resolve all outstanding issues at the beginning of the separation, they may qualify to commence a joint divorce application in the Superior Court after they have been living separate and apart for one year.
The joint divorce application is relatively simple and expedient. After the court is satisfied that the couple have met the requirements under the Divorce Act, the court may direct the registrar to issue a decree of divorce without requiring the parties to appear before the court.
Support Payments and the Tax Consequences
When are support payments tax-deductible? It turns out the rules are quite complicated.
Prior to 1997 spousal and child support were generally deductible in computing the payer’s income for the year, and so they were included in computing the income of the recipient spouse. This is called the “deduction-inclusion” system.
In 1997 the federal government introduced a set of detailed guidelines reversing the “deduction-inclusion” system, mandating that support payments must qualify under the Income Tax Act to be considered deductible.
In general, child support payments made pursuant to an agreement or a court order after May 1997 are not deductible on the part of the payer and are not included on the part of the recipient. The amount paid is considered after-tax spending, just like money each parent would have spent had the separation not occurred.
For spousal support payments, the rules become slightly more complicated.
Periodic(for example, weekly or monthly) spousal support payments made pursuant to an agreement or a court order after May 1997 are subject to the “deduction-inclusion” rule. This means that the amount paid is deductible on the part of the payer and must be included on the part of the recipient.
Lump-sum spousal support payments made pursuant to an agreement or a court order after May 1997, on the other hand, do not qualify for the “deduction-inclusion.” Therefore they are not deductible on the part of the payer and are not included as income on the part of the recipient.
Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Legislation referred to may have been amended or repealed since the publication of the article.
Foreign Divorce & Remarriage in Ontario
You can run to Las Vegas and get married, and your marriage will be recognized in Ontario. What about a divorce?
It turns out that divorce is a serious matter in Canada. Under our Constitution, it falls under the federal jurisdiction, and there are strict limitations as to when a foreign divorce can be recognized.
The Divorce Act provides the following provision:
22. (1) A divorce granted, on or after the coming into force of this Act, pursuant to a law of a country or subdivision of a country other than Canada by a tribunal or other authority having jurisdiction to do so shall be recognized for all purposes of determining the marital status in Canada of any person, if either former spouse was ordinarily resident in that country or subdivision for at least one year immediately preceding the commencement of proceedings for the divorce.
In plain English, this provision prohibits people from running off to a foreign country for a weekend to get a divorce that can be recognized in Canada. Rather, one of the spouses must have lived in the foreign country for at least one year immediately before the start of the divorce proceeding. Needless to say, the divorce must also be granted by a competent court or tribunal in that foreign country.
If you want to get re-married in Ontario after a foreign divorce, you’ll need to satisfy the requirements stipulated under the Ontario Marriage Act:
8. (1) An applicant for a licence who has been previously married is entitled to be issued a licence if such marriage has been dissolved or annulled and such dissolution or annulment is recognized under the law of Ontario and the applicant otherwise complies with the requirements of this Act.
…
(2.1) Before issuing a licence, an issuer may require a person to whom subsection (2) applies to deposit with the issuer such material as the issuer considers relevant to the proof of the divorce or annulment.
In practice, to obtain a marriage license from a municipal government, you’ll need the following in addition to the Marriage License Application :
(1) an original or a certified copy of the divorce decree,
(2) if the decree is in a language other than English or French, a translated copy together with an affidavit sworn by a certified translator,
(3) an opinion letter from a lawyer stating why the divorce decree in question should be recognized in Canada, and
(4) a Statement of Sole Responsibility (an official document) for each previously granted divorce, signed by both parties of the proposed marriage.
If you need an opinion letter regarding your foreign divorce, please do not hesitate to contact me at 416-433-5531.
Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Legislation referred to may have been amended or repealed since the publication of the article.
Spousal Support under the Family Law Act
Family Law Act – Spousal Support
The spousal support under the Family Law Act applies to married couples who are not seeking a divorce, and cohabiting couples who either have cohabited continuously for at least three years or, if they are the natural or adoptive parents of a child, are in a “relationship of some permanence.”
Therefore, unmarried couples who have children together would be eligible for spousal supports at the breakdown of their relationship.
Unlike child support, there is no mandatory guideline for the amount payable (although there is a non-binding advisory guideline). Hence, the amount for spousal support depends on the circumstances of the parties.
Typically, in determining the amount of spousal support payable, the courts would seek to:
recognize the spouse’s contribution to the relationship and the economic consequences of the relationship for the spouse;
share the economic burden of child support equitably;
make fair provision to assist the spouse to become able to contribute to his or her own support; and
relieve financial hardship.
However, because the law mandates that child support take priority to spousal support, often there isn’t much money left for spousal support after the child support has been paid.
If you are seeking spousal support, please contact me at 416-433-5531.
*Please note that divorce proceedings are governed by the Divorce Act.
Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Legislation referred to may have been amended or repealed since the publication of the article.
Child Support under the Family Law Act
Family Law Act - Child Support
Long gone are the days of fathers evading support obligations towards their children simply by denying parentage. Thanks to the advancement of DNA technology, we can identify whether a man is the father to the child with near certainty.
In Ontario, if you are the biological or adoptive parent to a child, you are required to pay child support to the custodial parent on the breakdown of the relationship. In addition, you may be required to pay support if you have demonstrated settled intention to treat the child as your family.
For instance, if you treat your step-children as your own, you would likely have to pay support for your step-children with the breakdown of your relationship.
In Ontario the Child Support Guideline applies to all family law cases. The amount that a payor pays is determined solely by the payor’s income. If the prescribed amount is insufficient to cover the cost of raising the children, the custodial parent may apply for extra-ordinary child support. The extra-ordinary support is discretionary and depends highly on the circumstances of the parties.
Child support, by law, takes priority over spousal support. If the support payor is unable to satisfy both spousal and child support obligations, the payor would be required to pay child support first.
If you are seeking child support, please contact me at 416 433 5531.
*Please note that divorce proceedings are governed by the Divorce Act.
Note: This article is provided for educational purposes only. This is NOT LEGAL ADVICE.
Support Obligations under the Family Law Act
Under the Ontario Family Law Act, there are three types of support in Ontario:
Spousal support: Every spouse has an obligation to provide support for the other spouse.
Child support: Every parent has an obligation to provide support for his or her unmarried child who is a minor or is enrolled in a full-time program of education.
Parental support: Every child who is not a minor has an obligation to provide support for his or her parent who has cared for or provided support for the child.
Since parental support law is used much less often, I’ll be focusing on the first two kinds of support.
If you are seeking a divorce, please contact me at 416 433 5531.
*Please note that divorce proceedings are governed by the Divorce Act.
Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Legislation referred to may have been amended or repealed since the publication of the article.
Custody and Access
Legally, children under 18 generally cannot make important decisions on their own, such as education, residency, and medical care. Instead, major decisions are made by their custodian(s). In the absence of a court order, the custodians of a child will be the parents.
Obviously, children cannot be divided like properties upon divorce or separation. The children must live with one parent or the other, and major decisions have to be made on behalf of the children from time to time. In many cases, the court will award “custody” to one parent, making that parent responsible for making decisions on behalf of the children.
Most parents are emotionally attached to their children; in a bitterly contested divorce, both spouses are afraid that the other will take the children away and never be seen again, or that the spouse who has custody will intentionally make bad decisions for the children. In my experience, 8 out of 10 clients who come to me for family law cases are contemplating the scenario above and insist that they must have sole custody of the children.
However, the scenario they have been contemplating is (fortunately) usually far from reality. In most cases, the non-custodial parent will have “access” to the children and is entitled to be informed of the children’s well-being. The non-custodial parent, although not legally entitled to make the decisions for the children, generally has input into major decisions regarding the children’s education, residency, and religious upbringing.
The law dictates that the best interests of the children must prevail when awarding custody. It is now well-recognized that in the absence of compelling reasons, the children should have as much contact with both parents as possible. Only in exceptional circumstances would the non-custodial parent’s right to access be terminated.
I generally advise my clients that meaningful, regular access to the children can be more important than custody. Rather than spending tens of thousands of dollars on a custody battle, the parties may be better off to work out a schedule allowing maximum contact between the children and both parents - and spend the cash somewhere else.
Caution and disclaimer: The above article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
A Guide to Divorce in Ontario
As recently as the early 1980s, it was very difficult for a couple to get a divorce in Canada if they were simply not getting along; there had to be some “fault” on the part of one spouse.*
However, in 1985 the Divorce Act was revamped, and what is now known as “no-fault” divorce was introduced for the first time. While controversial at the time, no-fault divorces are now largely accepted by the public.
Under the Divorce Act, there is only one ground for divorce, which is “breakdown of a marriage.” Breakdown of a marriage can be established on the following bases:
The spouses have lived separately and apart for at least one year immediately before and at the start of the divorce proceeding; or
The other spouse has committed adultery or cruelty against the one who applied for a divorce.
As a family law lawyer, occasionally I have clients come to me complaining about the (alleged) adultery or cruelty of their spouses. However, I generally tell them that to obtain a divorce on these grounds may cause unnecessary pain and emotional turmoil, as well as an increase in cost.
I generally advise my clients that their priority should be obtaining a proper separation agreement to secure their rights, rather than a divorce as means of revenge. After the signing of a separation agreement, the spouses can go their separate ways; in one year the divorce order will come through and they’ll be free to remarry. For more information on separation and divorce agreements, click here.
*Kristen Douglas, “Divorce Law in Canada,” online: Library of Parliament, Parliamentary Information and Research Services <http://www.parl.gc.ca/information/library/PRBpubs/963-e.html#history>
Caution and disclaimer: The above article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
Family Law
Welcome to the Family Law section. Please choose a topic to proceed.
Toronto-based PSWLaw is a results-driven advocate in family law.
Debt Collection and Commercial Dispute Resolution
I offer your small business a stream-lined process for debt collection and commercial dispute resolution. I can:
Draft and send out collection letters on your behalf
Negotiate payment terms and conditions before the matter reaches the court
Facilitate mediation and explore other dispute resolution methods
Evaluate your case and advise you of the costs and chances of success
Prepare your claims and court documents for your case
Represent you in settlement conferences and the trial
Have something else in mind? Click on “Contact” and fill out the forms. I will respond within 2 business days. Alternatively, call me at 416 433 5531. Please note that, because of regulations, I cannot provide legal advice over the phone or via email.
Operating a Small Business in Ontario
To assist you in operating your small business, I can:
Ensure your statute and regulation compliance
Provide independent legal advice to your commercial transactions
Help you adopt a standard commercial contract
Minimize your exposure to legal liabilities
Protect your interests against competitors, government agencies, and former employees
Negotiate commercial transactions on your behalf
Provide legal services in a cost-effective manner
Have something else in mind? Click on “Contact” and fill out the forms. I will respond within 2 business days. Alternatively, call me at 416 433 5531. Please note that, because of regulations, I cannot provide legal advice over the phone or via email.
Starting a Small Business in Ontario
Before you start, there are decisions to be made. I can advise you which type of business structure is best suited for you:
Sole proprietorship
Partnership
Corporation
After you decide on the legal form of your business, I will:
Inquire into the natureof your business and any applicable industry standards
Advise you on whether additional licensing or registration is required for your business
Evaluate the potential liabilities in law
Direct you on tax and duty collection obligations, ensuring that you are in compliance with the law
Guide you through the registration process
Facilitate start-up capitals through major financial institutions by providing independent advice
Draft shareholder or partnership agreements.
Have something else in mind? Click on “Contact” and fill out the forms. I will respond within 2 business days. Alternatively, call me at 416 433 5531. Please note that, because of regulations, I cannot provide legal advice over the phone or via email.
Integrated Small Business Solutions™
Welcome to the Small Businesses’ Corner.
PSWLaw understands that every small business is unique. We therefore don’t believe in one-size-fits-all solutions. PSWLaw offers a holistic approach to your small business’ problems.
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
A Standard Commercial Contract (SCC) is essentially the standard terms and conditions of your routine transactions with your vendors, buyers, or both. You can have more than one SCC.
The terms can include:
Description of goods and services
Price
Payment method
Delivery method
Delivery time / Lead time
Warranties / Guarantees
Return policies
Termination clauses
Why do I need a standard commercial contract?
Benefits of having a SCC can include:
Boosting your productivity
Expediting the negotiation process
Decreasing the cost of transaction
Reducing the risks of dispute
Minimizing the cost of collection
Implementing consistent policies to your vendors and customers
Mandating operational standards to your firm
Facilitating smooth operation of your business
Do I need a lawyer for my standard commercial contract?
While the input of a lawyer is not required, it is strongly recommended. A competent lawyer can provide meaningful insights into your contract, ensuring:
Compliance with the law
Meeting of industry standards
Definition of the rights and obligations of the parties
Consistency throughout the contract
No surprises down the road
What do I need before I talk to a lawyer?
Before you talk to a lawyer, you should be able to answer these questions:
1.What is the nature of my business?
2.What, if any, are the industry standards for my type of business?
3.What goods or services am I selling?
4.What are the potential risks to my business?
5.What are the terms of sale and payment?
6.What (if any) is my customer satisfaction policy?
7.What practical difficulties are typical in your industry (such as collecting payment or competitors stealing your clients)?
Have something else in mind? Contact us for an appointment today!
Mission Statement
Our Core Purpose
We assist our clients with excellent legal advice for their unique circumstances.
Our Position
We provide realistic, achievable solutions to our clients’ legal situations.
What to Expect as My Client
As my client, you can be assured that I will provide competent services dedicated to your case. You can count on:
open discussion and candid legal opinion on your case,
relentless representation with strong advocacy skills,
guaranteed confidentiality and solicitor-client privilege, and
effective communication with my team.
At the same time, I count on some teamwork from you, too. You should be prepared to:
provide honest disclosure of your case,
be punctual for your appointments and court appearances, and
spend time working with me when required.
Corporation
Note: This article is provided for educational purposes only. This article does not constitute legal advice and may not be relied upon as such.
The corporation is a modern legal creation. A corporation is treated as a separate entity from its owner(s), and may acquire properties, rights and obligations of its own.
Terminology
The owners of a corporation are called shareholders.
The shareholders hire a board of directors to run the company. The directors make all the business decisions, and are the mind and soul of a corporation.
The board of directors, may at their discretion, hire high-level managers to run the company on a day-to-day basis. These managers are called officers.
The directors generally delegated certain decision-making powers to the officers. The powers generally include: hiring and dismissing of lower-level employees, purchasing and selling inventories and assets, conducting business transactions, and so on.
In small corporations, it is not unusual that one person is the sole shareholder, director, and officer of the corporation at once. This is perfectly legal and does not affect the corporation’s separate existence from its owner.
Registration
Registration is required for corporations operating in the Province of Ontario.
Liabilities
In contrast to the liabilities of sole proprietorships and partnerships, the shareholders are only liable to the extent of their investment in the corporation. If a corporation is found liable for damages and is unable to pay, its shareholders will not have to worry about losing their homes to satisfy the liabilities (unless they mortgaged their homes to buy the shares in question).
Directors and officers of a corporation, on the other hand, may from time to time be held personally liable for the wrong-doings of the corporation.
The directors and officers may be found liable on the following grounds:
not exercising reasonable care, diligence and skill in the discharge of their obligations
breach of fiduciary duties (e.g., stealing from the company)
unpaid wages under tax laws
certain civil wrongs
environmental damages
Therefore, the incorporation of a company certainly does not shield its shareholders from all responsibilities, especially when they are also the directors and officers of the same company.
Tax Considerations
Because the corporation and its owners are separate and distinct in law, the corporation must pay tax on its earnings. The after-tax earnings may be retained by the corporation, or paid out to its shareholders as dividends. The dividends are seen as the shareholders’ income from their investments, and thus they are taxable at the individual shareholder’s tax rates.
To avoid double taxation (which occurs when the shareholder is also paying tax on the corporation’s already-taxed earnings), the shareholders are given a tax credit for the dividends they receive. Governed by the Income Tax Act, the tax credits are supposed to neutralize the burden of double-taxation.
Partnership
Note: This article is provided for educational purposes only. This is NOT LEGAL ADVICE.
Partnership is a more sophisticated form of sole-proprietorship. There is no distinction between the business and the owners, called partners. The partners are personally liable for the business’ liabilities in the most part. The partners act as each other’s agents, and are bound by the decisions made by the other partners
Registration
There is no mandatory requirement to register a partnership, especially if the partnership consists of the names of the partners. If you are operating under a name that is different than the partners’ names, you are then required to register the name with the provincial government.
Liabilities
Very much like the owner of a sole-proprietorship business, there is no distinction in law between the business and the partners of a partnership.
For tax purposes, the earnings of the partnership will be divided at year-end, and the partners pay income tax on their incomes accordingly. In profitable partnerships, the high incomes often push the partners into the highest taxation bracket under the Income Tax Act.
As with sole proprietorship, the partners are personally liable for any liabilities incurred during the operation of the business, including business debts and damages or penalties as a result of a lawsuit.
What is more, the partners are agents of one another; business decisions made by one partner is binding on the rest. Therefore, it is very risky to form a partnership with someone you do not know or trust.
Partnership Agreement
Partnership agreements set out the rights and obligations between the partners. They may also spell out how earnings are shared at the year end, and what authority or decision-making power one partner has in the business.
The cost of a partnership agreement is high. This is because the partnership agreement must be tailor-made to each partnership’s concerns. After the partnership agreement has been drafted by the lawyer for the firm, the partners are nonetheless generally encouraged to seek their own independent legal advice. These factors push the cost up.
However, many small partnerships operate without a partnership agreement. In this case, the partnerships will be governed by the default rule under the Partnership Act.
Sole Proprietorship
Note: This article is provided for educational purposes only. This is NOT LEGAL ADVICE.
Sole Proprietorship is the simplest way to conduct a business. The cost of starting up is low, and the owner and the business are seen as one entity in law.
Registration
In Ontario, there is no requirement to register your business name per se, especially if you are conducting your business under your own name, e.g., Pei-Shing Wang.
However, if you want to open a bank account in a business name that is different from your personal name, you will need to register your business name with the provincial government and obtain a master licence for your business. The cost of registration is nominal, about $70 at the moment.
Although there is no mandatory requirement to register your business, there may be other considerations that encourage you to do so. For example, retailers are often required to register with the CRA (Canada Revenue Agency) and collect GST and PST.
In certain industries, you may be required to be licensed by the regulating body. The regulating body may require proof of your business. However, if you have a master license from the province, you simply comply with the regulations without further need to prove the existence of your business.
Liabilities
In law, there is no distinction between the owner and the business; the owner and the business are seen as one. Therefore, all net income from the business (revenues minus expenses) is treated as the owner’s income, and is taxed accordingly. If an owner owns several profitable businesses, the aggregated income from all businesses may push the owner into the highest tax bracket.
On the other hand, if the business is unprofitable, the owner is liable for the business debt. For example, if the owner borrows money on behalf of the business, and the business is unable to come up with the payment when it is due, the owner will be required to pay back the loan from his or her own pocket. If the owner does not have the money, the owner will be required to sell his or her own assets to satisfy the debt, or to declare bankruptcy.
Beyond the obligation to be responsible for the business debt, the owner is also personally liable for all civil and criminal liabilities incurred during the operation of the business. For example, if the business is being sued by a customer for a slip-and-fall accident, and is found liable, the owner will be held personally liable for the damages. The potential liability of a business owner operating under sole proprietorship in a lawsuit is unlimited.
When a business grows to a certain size, the potential risks of liabilities quickly outweigh the benefits of operating under a sole proprietorship. I generally advises my clients to seek other operation methods when the business has grown sufficiently large.
Business Law 101
There are three ways to conduct a business in Ontario: Sole Proprietorship, Partnership, and Corporation.
Please select one of the following for more information:
The closest subway station is DundasStation. We are located at Elm St. and Bay St., across the parking lot from the Toronto Bus Terminal.
Contact Us Offline:
Ph: 416 433 5531
Fax: 416 971 9092
Contact Form
Call me at my confidential voice mailbox at 416-433-5531.
I respond to all inquiries within 24 hours.
Legal Aid: Costs and Contributions
Most people think Legal Aid Ontario (LAO) is “free,” in the sense that clients with Legal Aid Certificates do not pay the legal fees out of their own pockets.
However, there are several exceptions to this rule. LAO routinely recovers costs and contributions from clients with contribution agreements, property liens, and settlement funds.
For clients whose income is higher than the financial eligibility, LAO from time to time issues Certificates with contribution agreements. The lawyer accepting the certificate will perform the services at the prescribed rate and collect money from LAO. At the same time, the client agrees to pay back part or all of the lawyer’s bill through a payment plan. This is a win-win situation in the sense that LAO can recover the cost and be accountable for the taxpayers’ money, while the clients are able to proceed with their matters expediently.
If a client meets the financial eligibility requirement on his or her income but owns real property, LAO may require the client to agree to a lien on the property. This lien is authorized by the statute. The client may remove the lien by paying back the amount owing to LAO, or LAO may recover the amount throughthe lien when the property is sold or transferred.
With respect to settlement funds by law LAO is entitled to recover part or all of the cost if the matter is settled and the client receives settlement funds. Hence, most settlement funds are paid to the lawyer handling the case in trust.
In some cases LAO may consider a waiver to recovery. These cases are rare. Generally, LAO will only waive the statutory charges against the client if failure to do so will cause hardship. As such, clients with a contribution agreement or a property lien are generally not qualified.
Applying for Legal Aid
Legal Aid Ontario is the agency for (fully or partially) public-funded legal services. If you are approved with a legal aid certificate, you do not have to pay for legal expenses out of your own pocket. However, there are limitations to coverage (areas of law), and eligibility.
If you are approved for legal aid, bring your certificate to me and I will be glad to help you.
To apply, you must contact your area’s legal aid office. You will be asked to complete a questionnaire, and at times, an interview.
Click here for a list of Legal Aid Offices in the GTA area.
Legal Aid Accepted
Legal Aid Rates
I accept legal aid certificates in the following areas of law:
Family Law
Administrative Tribunal Appeals, including:
Landlord and Tenant Board
Social Benefits Tribunal
Criminal Injuries Compensation Board
Civil Litigation Services
Have a civil litigation problem?
I can help you with…
case evaluation,
demand letters,
claiming or defending your case,
preparing court documents,
suggesting an offer to settle,
facilitating negotiation, and
representation in the Small Claims Court (trial only).
To book an appointment, click on “Contact” and fill out the forms. I will respond within 2 business days. Alternatively, call me at 416 433 5531. Please note that, because of regulations, I cannot provide legal advice over the phone or via email.
At The End of a Lawsuit
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
At the end of the lawsuit
If all settlement attempts fail, then the case is set on trial. As rare as civil trials are in Ontario, they do happen.
Most civil trials are tried by a judge alone without a jury. A jury trial is allowed upon the parties’ request and if the matter is not too complex for a jury. Jury trials are a lot more time-consuming and much more expensive than trials by judge alone. Unlike criminal jury trials, many lawyers agree that there are few benefits in asking for a jury trial in a civil matter, even if the rules allow it.
After the trial, the judge will make an order as to the outcome of the trial. If the plaintiff wins the case, the defendant will have to pay the plaintiff according to the order; if the defendant wins, the case is dismissed, and the defendant owes the plaintiff nothing.
In Ontario, the winning party is entitled to recover their costs for the action (meaning: you should have settled!). The cost awarded is generally around 60% of the actual costs paid by the winning party. This serves as another incentive for the parties to settle their cases privately.
Mediation & Settlement
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
Mediation and settlement conferences
In certain cases, the parties are also obliged to undergo a mandatory mediation within 90 days after the first defence is filed. You can ask for an extension if you feel that you will a better chance to settle after the discovery and examination.
If the mandatory mediation fails to produce a settlement, before the case is set for trial, the court will require a meeting of all parties to see if the matters can be resolved before the trial. This meeting is called a “pre-trial conference.” Sometimes it is also called a “settlement conference.” The pre-trial conference is held in front of a judge or a junior judicial officer called a “master.” The parties will explain their positions and the judge or master will tell them what is likely to happen. What the judge or the master says during the conference is not binding, but most people tend to go with it and settle the case. The lawyers will also evaluate the conference and advise the parties accordingly.
Many people are surprised that over 95% of cases are settled privately. This is because the rules governing the civil litigation process are designed to facilitate settlement.
I always encourage clients to make an offer that they can live with, because if the offer is rejected and the eventual outcome is less favourable than the offer, (meaning: you should have taken the offer!), there will be cost consequences on the parties. If the outcome is better than the offer that was not accepted, there is no penalty for making that offer. In the end, you have nothing to lose in making a reasonable offer.
Midway Through a Lawsuit
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
Midway through the lawsuit
Once both sides have had a chance tell their stories, the parties will have to disclose all documents relevant to the case to the other side. This is called “discovery.”
Many people are under the impression that it is best to keep things secret and surprise the other side at trial, as in some movies. Unfortunately, this is not true in Ontario.
The parties are required to give all evidence available to the other side, whether good and bad. If you do not disclose the documents, you will not be allowed to use them at trial. When it comes to evidence damaging to your case, you are nonetheless required to disclose it. If you are caught withholding evidence, the court may award costs against you, or even set the ruling aside. Thus, it is important to disclose everything you have so both sides can have an opportunity to evaluate the case fairly.
After the discovery, you can ask the other party questions about the documents they have just disclosed. This is called “examination.” You can ask the questions in writing or in person. The examinations are done out of court, but they are conducted under oath. A court reporter will also be present.
Starting a Lawsuit
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
Civil Litigation
Asking a lawyer to explain the process of civil litigation is like asking a doctor to explain how the human body works: it can be as short as a paragraph, or it can be as long as a book. I will try to briefly explain the process and what you can expect during litigation.
Starting a lawsuitThe civil litigation process starts with a “claim.” The person making the claim is called a “plaintiff.” The claim contains three parts: the facts (also known as the “particulars”), the grounds in law (also known as “style of cause”), and the order you would like the court to make (also known as “prayer of relief”). Some people try to cram as much in a claim as possible, perhaps hoping to impress the judge. However, the truth is that the claim is not evidence. It is more like a blue print for the judge to follow, rather than a detailed essay on why you should win the case.
The person you are claiming against is called the “defendant.” There can be more than one defendant in a case. Once the claim is properly issued and served on the defendant, the defendant gets the chance to tell his or her side of the story in a document called “defence.” The defendant can also make his or her own claims against the plaintiff and other involved persons.
Contract-Related Services
I can help you with your commercial or domestic contracts. In terms of commercialcontracts, I offer the following services:
Drafting – proposals and final agreements,
Drafting and review of standard contracts,
Independent legal advice on the merits of the contracts (When the other side drafts the contract, I will review the contract for you to see if it is OK.), and
Opinion letter.
Examples include:
Partnership and shareholder agreements
Leasing and purchasing agreements
In terms of domestic agreements, I offer the following services:
Drafting marriage/cohabiting agreements, separation or divorce agreements
Property division,
Custody/ access agreement,
Negotiated support amount,
Upbringing of the children,
Independent legal advice on the merits of the contracts (When the other side drafts the contract, I will review the contract for you to see if it is OK.),
Opinion letters on foreign marriages and divorces,
Opinion letters on agreements made outside Ontario.
If you have something else in mind, please feel free to contact me. I will make effort to accommodate your requests.
To book an appointment, click on “Contact” and fill out the forms. I will respond within 2 business days. Alternatively, call me at 416 433 5531. Please note that, because of regulations, I cannot provide legal advice over the phone or via email.
Domestic Agreements
Until modern times, the common law did not recognize most domestic (marriage and divorce/separation) agreements as contracts because certain elements required by law are missing, e.g. consideration. However, domestic contracts are now recognized in Ontario by legislation.
Marriage Agreement/ Cohabitation Agreement
By law, married or cohabiting couples can enter into an agreement on their rights and obligations under the marriage/cohabiting period, as well as their rights upon separation or the dissolution of the union. These rights and obligations can include:
ownership of property (certain limitations apply),
support obligations,
the children’s education,
custody and access.
In reality, for different reasons, most people do not have marriage agreements. Perhaps most people think their marriage or cohabitation will work out. Another reason may be that it is difficult or impossible to foresee what properties will accumulate during the period of the union, or how many children that the couple will produce.
Separation or Divorce Agreements
The laws on separation and divorce are complicated in Canada because of our constitutional structure. In short, different laws apply to separation and divorce. Fortunately, these laws do not differ much in substance.
In general, the separation and/or divorce agreements are very similar to the marriage or cohabitation agreements mentioned above, and they can include:
ownership of property (certain limitations apply),
support obligations,
the children’s education,
custody and access.
Child Support Guideline
When you are entering into a separation or divorce agreement, you have to be mindful that these agreements are subject to a legislation called “child support guideline.” This guideline sets out the minimum amount of child support that a non-custodial parent (i.e., the one who does not live with the children) must pay. The amount set by the guideline (called “table amount”) is generally seen as the lowest amount payable.
PSWLaw drafts domestic contracts tailored to your unique needs.
Please Note: This article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. Legislation referred to may have been amended or repealed since the publication of the article.
Elements of a Legal Contract
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
A contract does not need to be in writing to be legally enforceable. An oral agreement can be as good as a written one in law. However, when a contract involves large amount of money, or governs an important transaction, it is generally wise to have your contract in writing.
What makes a contract legal? The common law subscribes to the “bargain” theory, meaning that there must be an exchange of something valuable (legally called “consideration”) to make the contract binding.
For example, if you pay your neighbour to help you move, and your neighbour agrees to it, your agreement becomes a legally binding contract. If your neighbour doesn’t show up on the moving day, you can seek legal remedies against him or her.
However, if your neighbour hears that you are moving, and says that he or she will “help,” it is not a legally binding contract because you offer nothing in return. If your neighbour doesn’t show up on the moving day, you will be stuck without legal remedies.
Besides the “consideration,” the two parties must have the same deal in mind. This is called “mirror of minds.” If you want to buy an orange, but the store only has apples, there will not be a contract because the two parties (you and the store) do not have the same deal in mind.
Finally, besides “consideration” and “mirror of the minds,” the parties also must intend to form a legally binding contract, and have the capacity to do so. On a day-to-day basis, issues arising out of intention and capacity are rare. For instance, if you want to buy a cup of coffee, it is generally inferred that you want to have legal ownership of the coffee (so you can drink it), and that you are of sound mind to know that you want a cup of coffee.
However, if you are entering into a contract that involves a large amount of money, or is critically important to you, you should talk to a lawyer and make sure all the requirements of a contract are properly observed. There may also be formal requirements by law in certain transactions that must be observed.
What Makes A Contract?
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
A contract is really an agreement. What makes a contact different from other agreements is that a contract is enforceable in law.
You don’t need a lawyer to hold your hands every time you enter into a contract. In fact, most of the time you enter into contracts without knowing it, as most of our daily transactions are governed by contracts. For example, when you buy a coffee, the purchase is governed by a contract that transfers the ownership of that cup of coffee from the shop to you (so you can drink it).
You probably don’t need a lawyer to buy your morning coffee because the amount of money involved is generally small and the potential problems from the transaction (coffee not hot enough?) are generally trivial.
However, you should consider hiring a lawyer if you are thinking about entering into some kind of agreement involving a large sum of money, to make sure that there are no surprises down the road.
Copyright-Related Services
Have a copyright-related problem?
I can help you with…
assignment and licensing contracts drafting and review
resources and opinion letters for authors
consultation and contract review for publishers
copyright assertion and demand letters
To book an appointment, click on “Contact” and fill out the forms. I will respond within 2 business days. Alternatively, call me at 416 433 5531. Please note that, because of regulations, I cannot provide legal advice over the phone or via email.
What Happens After Copyright Expires?
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advices from a properly licensed practitioner.
After the copyright has expired (generally 50 years beyond the author’s lifetime), the work in question becomes public knowledge. Anyone will be allowed to reproduce the work.
For example, if you go to the library and find an old manuscript of a play from the 1800s, you can safely say that the copyright for the work has expired (as the author is likely to have been dead for over 50 years), and you are free to copy it and use it however you want.
Similarly, your neighbour can go to the library and get a copy of the manuscript. Both of you will have exactly the same copy of the manuscript, and neither of you would have infringed any copyright.
Of course, there are exceptions in the law as to when certain unauthorized use of material does or does not constitute copyright infringement. You should consult a lawyer before you use any unauthorized material, even if you are relying on a statutory exception.
I urge readers to be cautious when copying an original work, be it an article in the local paper, a manuscript from the library, or a movie on a DVD.
Licensing and Assignment
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
Consider this:
You have just written a short poem that has become a bestseller on the national list. As the author, you have the right to assign, or to give away, your rights. You can decide for how long and for how much money you want to give away the rights. This is called “assignment.” Once you have given away your copyright, or have assigned it, you no longer have the copyright. In fact, during the assignment period, the person to whom the copyright is assigned can stop you from reprinting/reproducing your poem.
On the contrary, if you don’t want to give away your rights in the poem, you can choose to allow individuals to reproduce or reprint your poem with your permission. This is called “licensing.” Again, you can decide for how long and at what price you will allow someone to reproduce the poem with your permission. However, you will still have the right to reprint/reproduce the poem, and to allow other people to reproduce/reprint the poem. The people who were already allowed to reproduce/reprint the poem would not be able to stop you from further licensing your poem.
An interesting fact, assigning your right completely does not necessarily mean that you no longer have any say in how the work is used. The author will still retain a right to have the work presented in a good light; this is called a “moral right.”
One famous example is Michael Snow’s geese sculpture on display in the Toronto Eaton Centre. One year during the Christmas season, the Eaton Centre management decided to put ribbons on the necks of the geese. Mr. Snow sued and was successful in removing the ribbons. Therefore, even after you have assigned your rights to the poem completely, you can still have a say in preventing your poem from being gravely distorted.
Do I Need to Register My Work?
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
As it turns out, copyright in Canada does not require any kind of formal registration. Your copyright arises automatically when you finish your work, without your having to file or register the work with a governmental agency.
Although there is a Copyright Office in Canada that accepts registration of copyright-protected works, the registration only provides an assumption in law that recognizes you as the copyright holder. This assumption is not absolute.
If the opposing party can rebut this assumption, then the claiming party would still have to prove to a court, on the balance of probabilities, that the claiming party is indeed the copyright holder. If you see a dispute on the horizon regarding the copyright of your work, it may be worthwhile to register it.
What Is Copyright?
Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
In plain English, copyright protects the author’s work from being copied without the author’s OK.
When the first copyright law was passed in the UK in the 1700s, the printing press was becoming more and more accessible to the public. The law was designed to prevent books from being printed without the author’s consent.
The rationale behind copyright laws is that if a book couldbe re-printed freely, and sold at a cheaper price, then soon the pirated copies would flood the market and ruin the author’s incentive to invest the time and effort to create further work.
Today, in the twenty-first century, the rationale still holds true. As the law develops, the copyright now protects four categories of original work: literary, dramatic, musical and artistic work. The categories are interpreted broadly; perhaps the most noteworthy aspectis that computer programs are now protected as literary work.
As the law stands in Canada, if you have created (and not just copied) any original work that can be said to be literary, dramatic, musical, or artistic, you are entitled to protection under the copyright law. Of course, some exceptions to this rule will apply, but for our purposes, we will say that the author is the copyright owner.
Remember that copyright only protects the work from being copied. Unlike other intellectual protections, such as patent, copyright cannot help you if someone independently produces a piece of work that is similar to yours.
Of course, you can try to enforce your right against this piece of similar work, but if the work was created genuinely in an independent fashion, the court will not step in and stop the similar work from being published. In other words, copyright law can only protect your work from being copied; if someone were to create with his or her own similar work without copying yours, then there would be no infringement.
About Me
Pei-Shing Bernard Wang
Professional Qualifications:
Barrister-at-Law, Province of Ontario
Solicitor of Ontario Superior Court and Court of Appeal of Ontario
Notary Public, Province of Ontario
Commissioner for Taking Affidavits, etc., Province of Ontario
Education:
Barrister-at-Law, Law Society of Upper Canada
Bachelor of Laws, Osgoode Hall Law School, York University
Bachelor of Commerce, Rotman School of Management, University of Toronto
Present Affiliation:
Federation of Asian Canadian Lawyers, Member
Ontario Bar Association, Executive Member & Newsletter Co-Edito, Solo and Small Firm Section
Taiwan Young Professionals and Entrepreneurs Association Toronto (T.Y.P.E.A.), Member
The Fraternity, Member
Toronto Lawyers Association, Member
Toronto Board of Trade, Member
Volunteer Affiliation:
Bizstart Program, Guest Speaker & Program Mentor
T.Y.P.E.A., Mentor
University College Student Alumni Mentorship Program, Mentor
Contact
Law Office of Pei-Shing B. Wang
Barrister, Solicitor, Notary Public
69 Elm St. (at Bay St.), Toronto, Ontario, M5G 1H2
Please not that you may not rely upon the accuracy of any information or advice posted here - the contents are provided for educational and entertainment purposes only - you should consult with an attorney prior to acting on any information found here.
PSWLaw in Toronto gladly accepts Legal Aid Certificates.
Rates
Legal Services
One of the reasons that many people decide not to seek legal advice is that they think lawyers are expensive. This is not necessarily true. When you have a legal problem, a good lawyer can watch out for you and protect you from being taken advantage of; a good lawyer can also explore the most cost effective options available to resolve your case.
In fact, most people are unfamiliar with the legal process. Just like going to a foreign country, if you are only staying for a short period of time, you may be better off with a good tour guide than with learning the whole country by yourself. A good lawyer is like a good tour guide, he or she can take you where you want to go and bring you home safely.
Although my rate often depends on the complexity of the matter and efforts required to resolve the issues, the standard rate is $250 per hour, plus applicable taxes. A monetary retainer is required before work can be commenced.
Costs for Notarization and Commissioning Affidavits:
The costs of notary public services are$40.00for the first document and $25.00 for each subsequent document. Taxes are not included.
However, a properly handled case is often cheaper than an improperly handled one in the end. I invite you to book an appointment with me to explore the options of your case.
To Book an Appointment
To book an appointment, click on “Contact” and fill out the forms. I will respond within 2 business days. Alternatively, call me at 416 433 5531. Please note that, because of regulations, I cannot provide legal advice over the phone or via email.
