WHAT IF I DON’T RESPOND TO A LAWSUIT

If you have been recently served with a lawsuit don’t panic. But whatever you do, don’t just throw it in your drawer.

HOW MANY DAYS DO I HAVE TO RESPOND TO A LAWSUIT?

In Small Claims Court a lawsuit is started by filing a Plaintiff’s Claim. The Defendant must respond with a Defence.

In Superior Court a lawsuit is started by filing a Statement of Claim. The Defendant must respond with a Statement of Defence.

The time period from getting served to respond is twenty days and that includes weekends.

WHAT HAPPENS IF I DON’T RESPOND?

If you don’t respond with the appropriate court document the Plaintiff can move for automatic judgement. This is referred to as default judgement. That means you will be responsible for the entire amount of the claim. The process involves noting in default from there the Plaintiff may obtain default judgement.

This has serious consequences. Once a Defendant has been noted in default they are not entitled to any further notice regarding the court action. That means the Plaintiff can simply get the judgement and begin to either garnish your wages or place a lien on your property.

I WAS NOTED IN DEFAULT

If you were noted in default it’s a good idea to contact a civil litigation lawyer immediately.

LAWYER NEAR ME?

Are you looking for a local Burlington lawyer call my office 416-505-4901

My address is 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

What is a court motion?

WHAT IS A MOTION?

A court motion is an application to the court. There are various types of court motions. Common motions in civil litigation may be:

Motion to set aside default judgement
Motion to extend time for service
Motion for undertakings

Common motions in family court may be for:

Motion to change
Motion for a temporary order
Motion for disclosure

Generally, motions should be avoided. They are costly and can be very adversarial with uncertain outcomes.

HOW DO I BRING A MOTION?

In both civil litigation and family law court motions require specific procedures for preparing, filing and serving documents. If any of these steps are inadvertently missed the consequences are dire.

In most situations, experienced lawyers will have thorough knowledge of the most up to date procedural aspects regarding motions. Even then, mistakes can be made! Some courts have certain procedures and practices that are not written and are only known by way of regular attendance.

Some civil litigation courts and especially family courts can be very busy and filing these documents can take anywhere between 2 to 6 hours.

HOW DO I FIND A LAWYER NEAR ME?

Need a civil litigation lawyer in Burlington? Call my office.

Need a family law lawyer in Burlington? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

HOW MUCH DOES A WILL COST?

Most people put off getting a Will for the obvious reason. It’s not viewed as something important. However, the other reason is costs. It’s obvious that people are generally afraid to call a lawyer because they think they will end up spending thousands of dollars.

For the most part, the cost of a Will is generally affordable. Most Wills and Estates Lawyers will offer competitive rates and may work on a flat fee basis. Also, if the Will is generally a standard Will, you can expect to find reasonable rates. By standard Will I mean, the typical customer who comes in, such as husband and wife with two or three kids and one home and or a cottage with some minimal savings in their account.

In many situations lawyers will also recommend a power of attorney for care and property. This is not, so that the lawyer can make some extra cash off the customer. This is again done for the purposes of ensuring procedure estate procedure.

NEED A LAWYER FOR A WILL NEAR ME

If you are looking for a lawyer for a Will in Ontario call my office.

A Will is one of the most important documents you will ever have.

Get a Will today.

Call my office I am a Wills Lawyer in Burlington.

My address is 901 Guelph Line, Burlington.

You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

Social Media and Family Court

PARENTAL ALIENATION AND SOCIAL MEDIA

If you are the victim of parental alienation you should consult with a parental alienation lawyer.

Today, many victims of parental alienation are resorting to social media to express outrage and or emotional grief regarding their predicament.

I don’t ever think its good to use social media for something as personal as parental alienation. However, there is a growing community and some find comfort in corresponding with others. If you do plan on using social media consider the following:

USE SOCIAL MEDIA TO:

Bring awareness to parental alienation
Connect with others
Support others
Commentary (limited)

DON’T USE SOCIAL MEDIA TO:

Disparage your ex-partner
Post numerous pictures of your alienated children
Derogatory or defamatory commentary about the court system
Naming and shaming a judge
Derogatory or defamatory commentary about your lawyer
Derogatory or defamatory commentary about the other lawyer
Videos of your children
Argue with others

Also, if you do plan on using social media it may be appropriate to use an anonymous account. You may also consider locking your account and be selective of who you permit access.

While some post pictures of their alienated children in the hopes they will one day connect. This could also backfire. I know of at least one situation where the child on becoming a teenager complained that her father was consistently posting pictures of her without her consent. She also told her father to stop following her account on social media. This was a father who had dealt with over 10 years of parental alienation.

Use caution when discussing any ongoing court case. While its great to receive support from your on-line community you don’t want to say anything incriminating.

Whatever the case you should always use professional judgement when posting on social media regarding parental alienation. Remember the internet is forever. What you post can be used against you in court. It can be used to demonstrate your judgement, frame of mind and character.

NEED MORE INFORMATION ON PARENTAL ALIENATION?

If you need more information about parental alienation check out the following articles:

I NEED A PARENTAL ALIENATION LAWYER

If you need a lawyer that understands parental alienation please call my office.

FAMILY LAWYER NEAR ME IN BURLINGTON?

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

I WANT A DIVORCE

MY SPOUSE WANTS A DIVORCE

Divorce and separation is definitely an emotionally traumatic experience. In fact, it probably ranks right up there with death of a loved one. Frequently, I receive calls from people, “my husband wants to leave me” or “my wife just told me she wants a divorce”.

A married couple starts their new life with the simple phrase, “I do”. Similarly, a married couple ends their marriage with the simple phrase, “I want a divorce”. Of course, it doesn’t end there.

If your spouse has just announced they want a divorce. Don’t panic, don’t grovel and don’t try to do something you may regret later. Remember, you will get through this. Often, when a separation or divorce occurs you will be the talk of the town amongst your circle of acquaintances, neighbours, co-workers and friends. Everyone loves a good story right? Therefore, its important to rely only on trusted confidants. Its also wise to seek the assistance of a professional such as, a counsellor, psychologist or psychologist. Its also important to have the right divorce lawyer by your side. One that doesn’t look at you as a pigeon ready for the plucking.

HOW DO I HIRE A FAMILY LAWYER?

Apart from his or her experience its important that you connect on a personal level with your Family lawyer.

Family law lawyer that listens to you

Ensure your family law lawyer listens to you and that their overall plan and strategy is to minimize conflict.

Ensure your Family Law Lawyer cares that you have children

Does your lawyer take into consideration your children? Not from just a child support standpoint but overall? Does your lawyers advice take your children’s well being into consideration?

Does your family lawyer tell you when you’re in the wrong?

So often, it seems lawyers are reluctant to tell their clients they have done something wrong. I believe its important to openly advise a client when they are engaging in behaviour that is detrimental to themselves or their children. For example, if a parent with custody is deliberately withholding access their lawyer should strongly recommend against it.

Is your lawyer only concerned with money?

A lawyer’s services are not free. However, your lawyers approach to your pocketbook and future legal fees is important. Some prospective clients tell me, that their lawyer won’t even speak to them and when they do, they charge them for even the simplest email or phone call.

BURLINGTON FAMILY LAWYER NEAR ME?

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

The Haq Mehr

I AM MUSLIM AND I WANT A DIVORCE

In my previous discussion regarding Muslims and Divorce in Ontario I discussed the idea of the Haq Mehr.

If a Muslim couple or individual is either seeking a divorce in Ontario or looking at the legal impact of the Haq Mehr they should consult with a family law lawyer who has expertise in Islamic law. It's also a good idea to consult your local imam in order to determine that the Haq Mehr is in compliance with Islamic Law.

Whether or not the Haq Mehr is enforceable depends on the basis of whether it is a binding enforceable legal contract that satisfies terms of the Ontario Family Law Act.

HOW DO I ENSURE THE HAQ MEHR IS ENFORCEABLE?

In order to ensure the Haq Mehr or also referred to as an agreement is enforceable its terms should be reduced to a domestic contract the parties should ensure it complies with section 55 of the Ontario Family Law Act. in that it:

Is in writing;
Signed by both parties; and
Witnessed.

HOW CAN THE HAQ MEHR BE SET ASIDE?

Section 56(4) of the Ontario Family Law Act states that if the Mehr is recognized as a domestic contract it can be set aside if:

A party fails to disclose significant assets, debts or liabilities existing when the contract was made;
A party did not understand the nature or consequences of the contract or;
Otherwise in accordance with the law of contract.

If prior to marriage the Muslim couple had an understanding of how the Mehr would be returned then it must be incorporated into writing. Parties should not presume that the Mehr will be automatically returned on the breakdown of a marriage and on whether one party commences the divorce proceedings.

FAMILY LAWYER IN BURLINGTON?

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

What is a Muslim Divorce in Ontario?

What are my rights as a Muslim in Ontario and divorce?

Very often, I receive calls from Muslims who are looking to get divorced in Ontario and want more information regarding the Haq Mehr. This is a concept entrenched within Islamic scripture and forms Islamic law. According to a 1998 Ontario Court decision, Kaddoura v. Hammoud, 1998 the concept of the Haq Mehr was defined as a gift in that it is akin to a marriage contract.

The court in referencing the testimony of a local Muslim clergymen stated:

“Mahr” is a gift or contribution made by the husband-to-be to his wife-to-be, for her exclusive property. It is not, however, a gift in the sense that a gift is given by the grace of the giver, but in fact “Mahr” is obligatory and the wife-to-be receives it as of right.

........in many marriages, a portion of the Mahr is paid promptly, that is, before the marriage is consummated, and a portion, often the larger portion, is deferred to be paid on demand by the wife, or upon divorce or upon the death of the husband. In the case of such deferred payment, the portion deferred had the effect of helping look after a wife after divorce or after her husband’s death. He also advised that although a wife could forbear or waive payment of the Mahr, she was entitled to it as a matter of Islamic religious principle.

The court also stated, that the Haq Mehr was essential to a Muslim marriage.

I NEED A MUSLIM DIVORCE LAWYER

If you need a lawyer in Burlington or Oakville that can assist with a Muslim Divorce then call my office.

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

WHAT HAPPENS IF I CAN’T SERVE THE LAWSUIT?

If you can’t serve a party this can become quite a nightmare. Especially, if you’re suing more than one party.

See my discussion about How to serve court documents?

Also see my discussion about What is an Affidavit of Service?

Always ensure you check the expiration period in which you must serve. For example, in civil court you must serve the lawsuit within six months. Failure to do so, will render the lawsuit null and void as if it never existed.

Always, check the Ontario Rules of Civil Procedure for civil cases and the Ontario Family Law Rules for family court.

If you can’t serve the other party, then your only option is to bring a motion to court as soon as possible. When bringing a motion you may ask for substituted service or service to be effective at the last known address or service to be dispensed or an extension for time to serve.

Most, civil litigation lawyers will often option to throw everything and the kitchen sink in to stay on the safe side.

To be truly successful on this motion the party looking to serve must successfully demonstrate they have made reasonable attempts to serve. The unwritten rule is generally about three times. Also, three reasonable attempts. If the party wasn’t home at 10:00 AM on a Monday don’t expect its fair to return at 10:30 AM. They may be work.

Also, courts will want to ensure you have the most recent up to date address for the individual. This can also become tricky. Especially, if the individual has no fixed address. If you don’t have the most up to date address don’t be surprised a court tells you to buzz off, and return when you have done more homework. This might involve hiring skip tracers.

In many situations even after complying with the above the court may simply grant you an extension for time for service. Which means, you’re basically back at square one, but the original six month limitation has been extended. That means you need to reattempt possibly another three times to serve.

If your family law lawyer or your civil litigation lawyer is using the services of a process server this can become very expensive. If you’re serving on your own expect to take time off work or be sleuthing around in the evenings trying to find the person.

Serving people is truly a headache. One that should be eliminated by virtue of all the great technology we have.

After all, if you were conversing with the prospective Defendant yesterday via email. Why can’t you simply serve them with a claim? Aside, from the obvious that they Defendant could claim they never received it.

Bringing a motion in regards to service can be a headache. Call a civil litigation lawyer today to find out more.

CIVIL LITIGATION LAWYER NEAR ME?

If you need a civil litigation lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

What is an Affidavit of Service? – Burlington Divorce Lawyer

FAMILY LAW LAWYER BURLINGTON

Many folks who decide to represent themselves in family court or civil court are stumped when it comes to the Affidavit of Service or also referred to as proof of service.

An Affidavit of Service is a document confirming service of a document. What type of document requires an Affidavit of Service? My answer...... a document that is super duper important. For example, a simple notice letter to the other side advising you may be starting a lawsuit does not require an Affidavit of Service. However, the lawsuit itself will.

Always, check the Ontario Rules of Civil Procedure for civil cases and the Ontario Family Law Rules for family court.

In today’s hyper technological fast paced world, the concept of the Affidavit of Service is really pointless. Also, I have found in my experience that self represented folks, will go so far as to swear a false Affidavit of Service.

If you are looking to serve an individual with official court documents. Ensure that you check the requisite rules for how service is considered effective. For example, in the situation of a Statement of Claim or an Application for family law documents will have to be served personally. It’s also not enough that you went by once, and the individual wasn’t home and you simply wiped your brow and called it a day. Most courts require three reasonable attempts. That means making at least three attempts. In order to really convince a court those three attempts must be staggered. So it isn’t enough that you attended at 1:00 PM and then returned at 1:30 PM and then 2:00 PM.

If an individual responds at the door, but its not the person you are serving you must confirm they reside at the address. You must also ensure that any members of that household be over 18 for the purposes of serving. Meaning, you can’t just walk over and serve the 14 year old goofball lounging at home that day.

If you do manage to successfully serve you must also obtain the name of the person, and the time and date. All of this information will be used in your Affidavit of Service.

On completing the Affidavit of Service you will also need it officially sworn by a commissioner for taking oaths or a notary. Some court staff will provide this service.

Once, you have completed the Affidavit of Service you must return to the court and file it, as confirmation the individual was served.

WHAT HAPPENS IF I CAN'T FIND THE DEFENDANTS?

See my discussion entitled What happens if I can't serve the court documents?

DIVORCE LAWYER NEAR ME?

If you need a divorce lawyer in Burlington.
I provide legal services in Burlington, Milton, Hamilton and Oakville.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

YouTube Pedophile Hunters

Youtube Vigilantes

By now you may have heard of so called, “pedophile hunters”. Essentially, they befriend an individual on-line through chat groups and mobile dating apps while posing as an underage child. They correspond with the alleged pedophile. Eventually, they arrange a meet up. When the alleged pedophile shows up, he is confronted and publicly berated by the hunters who videotape the entire ordeal through their cell phones. The footage along with the chat logs, pictures and personal information is then uploaded to Youtube and other social media sites.

Both law enforcement and criminal lawyers have voiced their concerns about the dangers of such vigilantism. Not only is it unsafe, but it violates the presumption of innocence, evidence, privacy issues and due process. Rather than assist, this type of vigilantism may be helping to drive these individuals even further underground and causing them to be even more guarded.

However, the general public seems to applaud the work of the hunters. For them they see the legal system as being ineffective. Whereas, the hunters name and shame tactics are instant.

What’s very concerning is that many of the videos depict familiar locations and the alleged perpetrators are just your average Joe, they could be your neighbour, co-worker or friend. In the case of Justin Payne from Oakville his exchanges took place at Shoppers World in Brampton, Oakville Place, Hamilton Mall and Victoria Park subway station.

In almost every video the men are approached and publicly exposed, they are advised the process is non-violent and given an opportunity to explain themselves. The excuses are plentiful and rarely convincing. On the lure of underage sex, some men have shown up with condoms and alcohol. The men who attempt to deny, are confronted by the hunter with their chat logs and pictures that were exchanged.

But here’s what’s interesting, the perpetrators are always terrified at the thought of being exposed or the police being called. Some try to run away, others attempt to justify their actions. Some explain they were unaware and others mention they had no intent for anything nefarious. But reviewing the chat logs shows a very different and disturbing side of the story.

However, there are also two other things to consider. First, are these hunters engaging in this activity out of the goodness of their heart? Is this for the greater good of humanity? Or are they simply trying to attain social media stardom through likes, shares and audience views.

While I have no issue with the first, in that people can try to monetize on Youtube as long as they are being legitimate. The second more pressing concern is inherently obvious when watching the confrontations. It seems, as though the hunters while swearing, berating, yelling and chasing the perpetrators are almost getting their rocks on. It seems they are enjoying and almost relishing the events. It also seems as though the hunters take a hostile approach when the alleged perpetrator is unable to converse in English. However, some of the alleged perpetrators on being discovered also fake being able to understand English.

None of the hunters receive a salary for their efforts. It’s all volunteer.

British Columbia based Creep Catchers’ videos led to the confrontation and eventual arrest of an RCMP officer. In another video not only was the alleged pedophile arrested but also a member of the Creep Catchers group. Possibly for assault. Another Creep Catcher operation led to the arrest of a BC man who ended up serving jail time. In another incident a confrontation by Creep Catchers may have led to the suicide of the alleged perpetrator. Prompting Christie Blatchford of the National Post to comment that the hunters are just as creepy as their prey. There are even defamation suits launched against Creep Catchers. The National, recently reported an incident involving a developmentally delayed man caught in a Creep Catcher sting. Prompting local government officials to comment on the inappropriateness of Creep Catchers. In the situation of Justin Payne he uploaded to Youtube his conversation with a local police officer advising him to stop. In some situations the hunters have even come across repeat offenders.

While I certainly do not support their work and it does not seem the hunters are going away anytime soon. They should at minimum exercise discretion, caution, restraint, good will and respect for the rule of law. If they truly care about helping children their approach when confronting can be less hostile. If their goal is to name and shame, they should not be belligerent. It seems that some of their fans are also expressing the same sentiment. While the actions of the alleged pedophiles are abhorrent it does not justify the hunters reaction. The hunters should not, as depicted in the videos be chasing vehicles down the street. Nor should they be pouncing on the vehicles hood of an alleged perpetrator as they try to escape. Hunters should not under any circumstances attempt to stop an individual from escaping. Nor should they ever come into any physical contact with the other party. Hunters should be educated on how to diffuse situations versus making them worse. They should obtain basic safety training such as, First Aid. They should ensure their nighttime antics don't affect their day jobs and that they have their employers blessing. Hunters must be aware that if the alleged perpetrator harms himself or another even inadvertently that the hunter could be liable. For example, in a Brampton confrontation the alleged perpetrator runs out into a busy intersection and begins to stop random vehicles and ask for help. In one of the stops, he even attempts to jump into the vehicle as that vehicle speeds off, he approaches another, screaming in his native tongue that the, "white people will kill me" in reference to Payne.

I AM A LAWYER IN BURLINGTON

I provide legal services in Halton, Burlington, Oakville, Hamilton and Milton

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901 OR call Toll Free: 1 (800) 939-9211

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Phone Number:	416-505-4901
Email:	ray@rehankhalil.com
Address:	901 Guelph Line, Burlington, ON