I need a lawyer I just got sued!
I JUST GOT SUED!
Civil Litigation lawyer
Don’t panic, call a civil litigation lawyer. A smart lawyer will always ask, “when did you get served” since that determines how many days you have left to respond.
Nobody likes getting sued, I have never had a client in my decade of practising that has called me jumping for joy, because they were sued. Most people on getting served will panic, become angry, nervous and at times decide to toss the lawsuit in the garbage.
Remember, the person who took the time to start the lawsuit will not just let it go that easily.
When you call my law office I will chat briefly over the phone to get a basic idea about what the lawsuit is about. From there, I will normally ask you to come in. I don’t ask people to come in because I want to make money from legal consultations fees. I want you to come in, because its impossible to understand all the facts, dates, arguments, scenarios unless we are face to face. Also, this gives you an opportunity to meet with me and vice versa.
From there, I will normally explain to folks what the process is of a civil action. If you were quoted a legal consultation fee for our initial meeting. Normally, I will advise, that if you retain me, I will waive the fee.
In any event, don’t let a lawsuit go over your head also, don’t start responding on your own. There can be dire consequences.
If you need a civil litigation lawyer in Burlington call my office.
IS THERE A CIVIL LITIGATION LAWYER NEAR ME?
If you are buying a home or selling contact our office to speak with 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
Criminal charges and family court
Criminal Charges and Custody
AFFIDAVIT IN SUPPORT OF CUSTODY AND ACCESS
I have blogged extensively about false allegations of domestic violence in my six part series. Often, allegations of domestic violence go hand in hand on the breakdown of the marriage. In this situation a father is seriously behind the eight ball.
Not only is he facing a criminal charge, restricted from going to his home and likely shopping for a criminal lawyer. He may, simultaneously get whacked with a family court application from his soon to be ex-partner.
Now he’s shopping around for a family lawyer as well.
If he is facing criminal charges of most concern is the Affidavit in Support of Claim for Custody and Access also referred to as a Form 35.1. This document is sworn evidence to be filed in family court to be used for the purposes of obtaining custody or access.
Of specific importance are paragraphs 6 and 7.
Paragraph 6 of the Affidavit in Support of Claim for Custody and Access
This paragraph states:
I have been found guilty of the following criminal offence(s) for which I have not received a pardon.
It then requests further details such as, the criminal charge, the date of the guilty plea and the sentence received.
Many men involved in a criminal proceeding related to allegations of domestic violence find themselves worn out. Particularly, since in my experience these men have never had any prior dealings with the criminal courts. They may, opt to accept an early guilty plea. To make the matter go away.
Paragraph 7 of the Affidavit in Support of Claim for Custody and Access
Paragraph 7 states:
I am now charged with the following criminal offence(s):
It then requests further details such as the criminal charge, the next court date, and any conditions. A common condition is the individual is barred from going near their home since that is usually where his partner resides.
If an individual is charged with an allegation of domestic violence and he has not received any outcome he must disclose it. While for the purposes of criminal law he is innocent until guilty. For family court he is not. An inference may be drawn for custody.
Don’t get me wrong, there are obvious, good reasons for concern. After all a court doesn’t know anything about you. Disclosure according to these paragraphs is sort of based on the honor system. In that, one does not produce their criminal court proceeding documents unless ordered to do so. A court, doesn't know if you are a violent thug.
However, both these paragraphs are very concerning. If a family law litigant positions herself strategically she may on immediately having her husband charged, also hit him with family court proceedings. Thus, forcing him to disclose as per Paragraph 7 whether he is charged.
Now, if you were the judge and two parties are contesting child custody in front of you and one of them has the children residing with her already and has no history of criminal proceedings, whereas the other does not have the children and does have a criminal record who would you side with?
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
Are family courts biased towards dads?
FAMILY LAWYER IN BURLINGTON
Why do father's rarely get custody?
I previously blogged about whether or not family courts discriminate against fathers in my post entitled, Is Family Court Sexist?
I want to address the issues outlined in a 2012 Huffington Post article entitled, Dispelling The Myth Of Gender Bias In The Family Court System.[1] I have noticed that this article has been used as support by independent bloggers and commentators to rebuke the notion that family court may be gender biased.
The author, Cathy Meyer is a Divorce Coach and operates a website called Divorced Moms. A site she describes for mothers to, “connect, communicate, express their passion and thoughts, share experiences and find expert information and advice.” Ms. Meyers provides insight into her own private life, in dealing with her own divorce and how she had to rebuild her life, “in spite of the loss I felt and the adversity that comes along with being tied up in the Family Court System and dealing with an angry ex.” She bases her article on her 10 years of doing work within the industry along with data from a website called DivorcePeers.com. A website that is no longer functioning but I will take her word for it. She argues that fathers simply give up their custody rights. Moreover, that this happens absent of a court order. She also argues that mothers spend more time with their children and thus, have a closer bond.
Uh, no. This is false.
YES. FATHER'S DO WALK AWAY FROM CUSTODY. THERE IS A REASON
In my previous post, the statistics I cited were from Stats Canada (2000) in that a high number of court ordered custody arrangements were in favour of the mother. The 2014 sampled suggested it was equally divided between court ordered and out of court.
Regardless, as I blogged in that same article the reason men give up custody has to do with many external factors. Such as, finances, stereotypical perceptions, stress, lengthy litigation or the threat of it. Let’s not forget issues such as, false allegations of domestic violence and parental alienation.
If Ms. Myers has been a Divorce Coach for 14 years, have all her clients been “deadbeat dads”? I am sure many who work within the industry would suggest otherwise. For example, The Telegraph reported, Are divorced dads really treated fairly by the family courts?[2] The author Glenn Poole responded to a study that found no discrimination existed against men in family court by commenting:
I was shocked, because when you repeatedly see discrimination against dads with your own eyes, it can be baffling when professionals claim it doesn’t exist. And then I’m not surprised, because the gender political world of family breakdown has long produced an endless list of “experts” who claim that the courts don’t discriminate against separated dads.[3]
A lawyer in the United States commented, that sexism is, “prevalent in our courts, even if it’s unintentional and we see it most often negatively impacting men in child custody arrangements and alimony awards.”[4]
Another family lawyer in Toronto, back in 1999 said, “I maintain that "gender bias" is indeed a reality in Canada's courts.”[5] An organization in the United States, called the National Parent Organization reported, Studies Show Judicial Bias Against Dads. [6]
During the months of February and March the National Post as reported by Christie Blatchford provided a number of articles featuring stories from fathers. For some the stories would be astonishing. Unfortunately, for those in the industry they are not.
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
[1] Dispelling The Myth Of Gender Bias In The Family Court System
http://www.huffingtonpost.com/cathy-meyer/dispelling-the-myth-of-ge_b_1617115.html
[2] Are divorced dads really treated fairly by the family courts?
http://www.telegraph.co.uk/men/relationships/fatherhood/11647915/Are-divorced-dads-really-treated-fairly-by-the-family-courts.html
[3] Are divorced dads really treated fairly by the family courts?
[4] http://familyblog.legalmatch.com/2016/06/do-our-family-courts-practice-institutional-sexism-towards-men.html
Do Our Family Courts Practice Institutional Sexism Towards Men?
[5] Gender Bias in the Family Courts of Canada: Fact or Fantasy?
[6] An organization in the United States, called the National Parent Organization reported, Studies Show Judicial Bias Against Dads
https://nationalparentsorganization.org/blog/22457-studies-show-judicial-bias-against-dads
What is an Agreement of Purchase and Sale?
PAGE 2 OF THE AGREEMENT AND PURCHASE OF SALE
Most folks looking for a real estate lawyer near them will often ask, what is an agreement of purchase and sale? I blogged about this in my previous post entitled, what is an agreement of purchase and sale and I focused on page one of the agreement.
In this post we will talk about page 2.
CHATTELS INCLUDED
A chattel is movable personal property. For example, a chair.
FIXTURES EXCLUDED
A fixture is something that is attached, affixed “stuck on”. For example, the island in the kitchen.
Now, over the years courts have had to step in to determine the difference between the two. However, that’s not a discussion I will be having here.
When drafting the Agreement of Purchase and Sale parties, should clearly identify what will be included and what will be excluded. It is commonly held, that chattels that are movable property will be taken by the seller. However, also keep in mind that when the purchaser came to view the property, perhaps they noticed nice new kitchen appliances. Perhaps, the buyer just assumes they will come with the home. Unbeknownst, to the buyer that the seller recently purchased the kitchen appliances with the intention to take them.
Parties should be cautious, especially the buyer when dealing with the hustle and bustle of open houses, quick in and outs from various homes over weeks and sometimes months.
RENTAL ITEMS: This stipulates there is equipment that is rented and that the buyer will assume the rental contract. For example, a water heater.
HST Is the Harmonized Sales Tax payable. Generally, on the resale of a home it will not. It will be payable on the purchase of a new home. However, a claim can be made for a rebate. One should also keep in mind that
If tax is payable its important to clarify the purchase price.
TITLE SEARCH:
The buyer’s real estate lawyer will perform a Title Search to ensure that the property does not have any title defects, existing liens, existing work orders and that there will not be any issue obtaining insurance. You can click here to learn more about what is a title search?
Generally, the buyers lawyer should be provided with enough time to ensure that title is free and or to report any title defects. This time period is referred to as the Requisition Date. It’s important to ensure that if the Agreement of Purchase and Sale has conditions such, as conditional on financing that there is sufficient time.
In the event there is no Requisition Date, then according to Ontario law, there will be a 30 day period from the date of the contract.
FUTURE USE:
In the event the buyer is thinking about doing something different with the property. For example, turning it into an office. This clause protects the seller, basically that they have no issue with whatever it is the buyer is planning on doing with the property. However, it is important that the buyers lawyer look into whether or not the property can be used for that purpose. For example, if the buyer is thinking of turning the home into an office do local zoning laws permit it? In that situation, there should be conditional clauses in the agreement of purchase and sale.
TITLE:
The seller has the obligation to provide the property to the buyer with good title. In other free from any types of liens, claims or mortgages on the property. For example, often people looking to sell their home, get a sudden call from their real estate lawyer advising them that there is a something on title. At times, this could have been a court order from a lawsuit they may have been involved in. The seller’s then must move quickly to remove this from title.
However, certain exemptions exist such as municipality zoning and or by-laws. Also, for the purposes of utility companies.
CLOSING ARRANGEMENTS:
This is a clause pertaining to the lawyers use of electronic document transferring. Lawyers are bound to hold all items from one another in trust until the electronic document transference has been adequately satisfied. In other words, the sellers lawyer on receiving funds from the buyers lawyer will hold the funds in trust. Until, such time as the electronic transference has been completed.
DOCUMENTS AND DISCHARGE
This provision states, that the seller does not have to provide anything else they don’t have. Also, that the sellers lawyer will undertake (promise) to discharge (pay off) any existing mortgages on the property and provide proof of same. Thus, permitting the buyers lawyer to register the new mortgage after the closing within a reasonable period of time.
IS THERE A REAL ESTATE LAWYER NEAR ME?
If you are buying a home or selling contact our office to speak with a real estate 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
I need a Real Estate Lawyer – Agreement of Purchase and Sale
AGREEMENT OF PURCHASE AND SALE
PART 1
The Agreement of Purchase and Sale is the legally binding contract that parties in Ontario use when buying or selling their home.
As a real estate lawyer I often receive calls from people prior to or during the negotiation and or finalizing phase. While I am happy to chat with prospective clients I always advise that they speak with their realtor. The reason being, your realtor is there to help you, he or she is sitting at the bargaining table with you and is aware of your immediate needs. Whereas, as lawyers we tend to just get the final documents.
The Agreement of Purchase and Sale has standard terms that pretty much apply to all real estate transactions in Ontario with subtle differences.
Even though, it seems to be a daunting document. It’s a good idea to review it. After all, this is the most important purchase or sale of your life. The Agreement of Purchase and Sale is also referred to as the Form100.
Over the next series of blog posts. I will attempt to breakdown the various clauses and provisions of the Agreement.
Page 1 of the Agreement and Purchase and Sale
If you freak out at the possibility of looking at a contract because of all the legal jargon, a purchaser and or seller should at minimum review page 1 to put them at ease. This first page consists of:
- Buyer: Who is buying the property?
- Seller: Who is selling the property?
- Real Property: The description of the property.
- Purchase Price: What is the agreed upon price.
- Deposit: Buyer will provide a deposit within 24 hours that will be held in trust
- Schedule A: This can be used for a variety of purposes to attach special conditions or statements. For example, the buyer may stipulate that the offer is contingent on financing. Both parties may agree to extend the date for closing on notice.
- Irrevocability: This is an offer and it will expire on….
- Notices: This clause identifies and appoints the parties respective realtors/brokerages and whether or not the parties are using the same brokerage for the purposes of giving any official notices.
For many real estate clients this provides peace of mind knowing they can contact me.
IS THERE A REAL ESTATE LAWYER NEAR ME?
If you are buying a home or selling contact our office to speak with a real estate 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
Personal Injury Lawyer Burlington – Fees
PERSONAL INJURY LAWYERS FEES
Like many other lawyers personal injury lawyers get their share of blame and ridicule. The stereotypical image of the ambulance chasing personal injury lawyer has often been the butt of jokes. The “you don’t pay, unless we win” and “millions of dollars in settlements” statements along with constantly getting bombarded with tacky ads does not help the situation either.
Personal injury lawyers use a contingency fee arrangement and for the most part it works out very well. In this arrangement the lawyer assumes all risk, no matter how long the case drags on and when it settles he or she takes a percentage. This percentage is agreed upon when first meeting. What could be better? The client assumes essentially no risk. They get an experienced lawyer who will fight for their case. Why? Because if they don’t the lawyer gets nothing as well. The lawyer fronts all the cash for starting the lawsuit, photocopies, court attendances etc. The more the client receives in settlement the better payout for the lawyer.
I am sure, every personal injury lawyer has a story about a case that they just had to walk away from, lost money and called it a day. Also, don’t forget many of these injury law cases drag on for years. It’s the nature of the beast.
For the reasons above, recent proposed changes to the contingency fee arrangements will have dire consequences. People will not be able to afford to hire a lawyer. Only the top brass within the insurance industry benefits. Let me explain, with less claims coming through that means less work for insurance lawyers and less work for insurance adjusters and staff. While the upside to this is the possible reduction in insurance premiums it is very, very unlikely.
Personal injury lawyers do what no other lawyer does, assume an incredible amount of liability with no upfront money.
PERSONAL INJURY LAWYER NEAR ME
If you want to speak with a personal injury 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
Burlington Real Estate Lawyer
REAL ESTATE NEWS
The Ontario Real Estate Association released the following press release for March 23, 2017:
Ontario Realtors are one step closer to being able to form personal real estate corporations (PRECs) under Bill 104, the Tax Fairness for Realtors Act, 2017. The Bill passed second reading today, which means it is moving onto the final stage of debate before a final vote determines if it becomes law. The Ontario Real Estate Association (OREA) launched a campaign earlier this month encouraging MPPs to support the Tax Fairness for Realtors Act via its website RealtorTaxFairness.ca.
Click here to read more.
If you’re looking to hire a real estate lawyer in Burlington please give my office a call. Also, I provide real estate law services in Oakville as well.
For many real estate clients this provides peace of mind knowing they can contact me.
IS THERE A REAL ESTATE LAWYER NEAR ME?
If you are buying a home or selling contact our office to speak with a real estate 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
Burlington Real Estate News
REAL ESTATE LAW NEWS
Spring is here and that means people will start scrambling to purchase a residential home or to sell a residential home. For good reason, given our cold Canadian winters the real estate market slows down.
However, things pick up in spring and it seems this year its going to be an expensive year with many residential real estate transactions.
The following are the statistics for the month of February 2017 according to the Ontario Real Estate Association:
- Residential sales up 8.9% in February 2017 compared to a year earlier.
- New listings in Ontario numbered 22,090 units in February 2017, a decrease of 11.3% compared to last year.
- The provincial average price of homes in February 2017 rose 24.5% compared to a year earlier.
- There were just 1.7 months of inventory at the end of February 2017.
That means more business for realtors, mortgage companies and of course real estate lawyers.
If you’re looking to hire a real estate lawyer in Burlington please give my office a call. Also, I provide real estate law services in Oakville as well.
For many real estate clients this provides peace of mind knowing they can contact me.
IS THERE A REAL ESTATE LAWYER NEAR ME?
If you are buying a home or selling contact our office to speak with a real estate 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
IS FAMILY COURT SEXIST?
Why do mothers always get custody?
Over the last few year’s father’s have advocated that family courts are gender biased and inherently favour mothers. According to a research brief prepared by Statistics Canada in conjunction with the Ministry of Attorney General published in the year 2000, 79.3 percent of mothers had sole custody versus 6.6 of men.[1] 80.6 percent of mothers who had sole custody did so of a child whose median age was between 0-5 versus fathers at 6.6 percent.[2] 86.8 percent of children lived primarily with their sole custodian mother versus 7.0 percent for fathers. [3] According, to this study more than a quarter of the children who had parents that separated for five years or more never saw their father.[4] Also, 39.5 percent of children reported seeing their father once a week.
This trend remained largely unchanged when Statistics Canada research and data for the year 2011 was published in 2014 in the General Social Survey regarding Canadian families. According to this survey, 11 years after the initial 2000 study the numbers largely remain the same with 70 percent of mothers reporting the child primarily resided with them.[5]
The numbers referenced above in regards to the 2000 research brief were court ordered arrangements. According to the 2011 survey, parents were “equally as likely to work with lawyers to draft the written arrangement, as they were to go to court for a judge-ordered arrangement.”[6] Also, “the majority of parents whose child lived primarily with their ex-partner spent either no time or less than three months in the last year with their child.”[7]
These numbers are nothing short of astonishing. Are we to presume that in the overwhelming number of cases fathers simply relinquished custody?
There are many, many factors at play as to why mother’s end up obtaining custody. Factors, that inherently by default place mothers in a strategically better position when it comes to ascertaining custody.
Interim Custody
Whether the father left the family residence by choice or not, generally the mother continues to reside in the family home with the children. Thereby, making her claim for interim custody substantially easier. Once, she is able to obtain by way of a court order interim custody. It becomes a formidable challenge for a father to seek custody.
Preliminary Family Court Proceedings.
Given the predicament of interim custody, many fathers may seek to abandon their claim in the infancy of the family court proceedings given that they have no hope.
Legal Fees
Given interim custody and the preliminary family court proceedings many men will face the possibility of a hefty legal bill with no real prospect of success. This may lead to the acceptance of a resolution that is unfavourable. In the alternative, it can also cause father’s to represent themselves which can often be very challenging. See my discussion about working with a lawyer.
Prior to Family Court
Many men, may relinquish custody even prior to family court. Even with legal representation, if the parties decide to settle their matters with a separation agreement. The father will likely be advised by his lawyer on the potential risks of pursuing a custody case in family court. The father will be left with a choice where he must decide on accepting a separation agreement that will avoid court where he is allotted a certain number of days with the child. Or make the difficult decision of pursing the matter in court. When a father review’s the statistics referenced in the 2000 and 2014 survey, he will likely feel he has no chance of being successful.
Domestic Violence and Parental Alienation
Things can become horrific if there is an allegation of domestic violence and or during the interim custody period the mother decides to withhold contact from the father. In this situation, the father is behind the eight ball and faces serious legal challenges.
CONCLUSION
We come back to the question then, is family court sexist? Are judges intentionally awarding custody to mothers. I think the data speaks for itself. Family court encourages an adversarial process pinning one parent against the other to fight it out until the bitter end. A crushing forum where mothers by default at the commencement of the proceeding may be in a strategically and legally stronger position.
[1] Selected Statistics on Canadian Families and Family Law: Second Edition, Research Unit. Family, Children and Youth Section, Department of Justice Canada, (2000) (Minister of Justice and Attorney General of Canada)
http://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/stat2000/index.html#a01
[2] Ibid
[3] Ibid
[4] Selected Statistics on Canadian Families and Family Law: Second Edition, Research Unit. Family, Children and Youth Section, Department of Justice Canada, (2000) (Minister of Justice and Attorney General of Canada)
http://www.justice.gc.ca/eng/rp-pr/fl-lf/famil/stat2000/index.html#a01
[5] Spotlight on Canadians: Results from the General Social Survey Parenting and Child Support After Separation or Divorce, Marie Sinha
Spotlight on Canadians: Results from the General Social Survey Parenting and Child Support After Separation or Divorce, Marie Sinha
February 2014
http://www.statcan.gc.ca/pub/89-652-x/89-652-x2014001-eng.pdf
[6] potlight on Canadians: Results from the General Social Survey Parenting and Child Support After Separation or Divorce, Marie Sinha
February 2014
http://www.statcan.gc.ca/pub/89-652-x/89-652-x2014001-eng.pdf
[7] Spotlight on Canadians: Results from the General Social Survey Parenting and Child Support After Separation or Divorce, Marie Sinha
February 2014
http://www.statcan.gc.ca/pub/89-652-x/89-652-x2014001-eng.pdf
If you want to speak to a family lawyer in Burlington call today: 416-505-4901
My Burlington law office is located at 901 Guelph Line, Burlington, Ontario
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Should I get a separation agreement?
Should I get a separation agreement?
In my previous blog posts I have discussed separation agreements. See below:
Time and time again, separation agreements have managed to resolve numerous family law conflicts. Some parties are reluctant to invest in a separation agreement assuming it’s either too expensive or it’s something they can draft on their own.
Is the Separation Agreement Expensive?
It really depends based on individual lawyers and their costs. However, generally a separation agreement is well worth it. In the long run it reduces costs especially when related to family law court litigation.
For example, if the parties mutually agree to enter into a separation agreement and abide by it’s terms. Parties can after a certain period of time simply file for an uncontested divorce. Thereby, significantly reducing stress and money associated with family court.
Good lawyers will provide sound and cost effective advice.
An uncontested divorce requires no formal court attendance and simply the filing of paperwork and payment of a fee and attach the separation agreement. Judges, find comfort in knowing that a separation agreement was negotiated through lawyers and will often sign off on the divorce. By my estimation a separation agreement can literally save you thousands of dollars.
Can I draft a separation agreement on my own?
If you have ever reviewed any of my posts, I am not shy to state that you can do anything on your own. However, is this something you want to do on your own? What if you miss something? Don’t forget you have a personal vested interest in the matter. Will your spouse sign off on your provisions?
Even as experienced lawyers we will on a frequent basis become aware of new developments. More importantly, the best separation agreements are those where the lawyer has extensively interviewed the client.
As a result, lawyers can draft and insert specific provisions into an agreement. Finally, separation agreements that are drafted by a lawyer will have a specific portion dedicated to their signature and a disclaimer indicating they have advised their client of everything. Again, courts feel comforted in knowing that these terms have been negotiated and resolved through a lawyer.
If you need a separation agreement call my office. I am a lawyer in Burlington.
901 Guelph Line, Burlington, Ontario