Tag: Oakville Lawyer

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

 

CONTRACT LAW: TIPS – What should my contract include?

CONTRACT LAW: TIPS – What should my contract include?

Feel free to browse some of my other posts about contracts entitled, contract law tips about contracts from the internet and also contract law tips about using software.

While most contracts look the same, they aren’t always and are tailored to the specific needs of an individual and or business need.

A frequently asked question is, “what should my contract include”. Generally, a standard contract should at minimum identify:

  • Description of services;
  • Termination;
  • Payment
  • Start and end dates;
  • Signature provisions;

Now please keep in mind that’s just the basic minimum.

Also, for whatever reason businesses and people tend to believe that their contract must be in flowery legal language. I think people do this, to make themselves feel smart or that fancy legal language will protect them. This is false. A simple well drafted contract is all you need. Stay away from using words that you don’t understand. While it is true that common contracts such as your insurance policy, cell phone agreement or mortgage conditions are full of legalise that does not mean you need to do the same. Also, think about the last time you read your insurance policy and understood what it meant.

Remember, if you don’t understand your own contract chances are the other side won’t either. Further, you won’t be able to explain it to them. Imagine sitting in front a prospective client and they ask you about the terms of your contract and you’re not able to provide them with an answer.

If you’re a new business looking for a legal contract feel free to give my office a call.

I offer flat fee legal services for contract reviews and drafting.

I am a lawyer in Burlington. You can call or text direct at 416-505-4901

Contract Law: Tips to keep in mind.

CONTRACT LAW - Can I use legal software or a website to draft a legal contract?

I have previously blogged about using a contract from the internet. In this post I will discuss certain websites and software that offer services such as drafting contracts.

Similar to the old Grand and Toy home Will kit. I don’t believe these services are for everyone. Again, each business and or individual’s needs are specific and different.

For example, an established business with strong clientele is in a better position to offer a contract that is one sided. This might be due to the fact that they realize, they don’t need you as much as you need them. Very often, when I have individual or small business owners contracting with very large multinational corporations I bring this up when I mention, “you need this company way more then they need you. So you’re gonna have to play ball by their terms.”

In contrast, a new business might be more lenient with respect to terms and conditions in their contract so as to not scare off new potential customers. For example, perhaps a new business owner will opt for generous provisions with respect to payment and deposits and refunds.

In any event, contract generating software and services aren’t always the answer. When you meet with an experienced lawyer he or she will conduct an in-depth interview to determine your needs, concerns and what you hope to achieve.

Further, an experienced lawyer will ensure that you have had your contract reviewed on an annual basis.

If you’re a new business looking for a legal contract feel free to give my office a call.

I offer flat fee legal services for contract reviews and drafting.

I am a lawyer in Burlington. You can call or text direct at 416-505-4901

Contract Law: Tips to keep in mind

CONTRACT LAW - Can I use a contract I found on the internet?

A lot of folks will call and email me and ask if they can use a contract they found on the internet for their business or a specific transaction. My answer is always the typical lawyer response, “it depends”.

While yes, you can certainly find a multitude of contracts and information on-line it might not necessarily adequately cover you. Also, it really depends on what the contract is for. Let’s face it, lawyers pretty much use previously stored precedent (templates) from their databases to formulate new contracts. However, even in those situations we go through the needs and concerns of the individual. What works for some doesn’t always work for others.

Often, when clients come in with a pre-existing contract they have copied from the internet I will ask them a series of questions. These questions help me as the lawyer in determining the type of business or industry the contract will be used for. It also helps me understand the needs of that business or individual.

What I find really amusing is how, many folks don’t understand their own contract because they have simply cut, copied and pasted from the internet. If you don’t understand your own contract how can you expect someone else to understand it? Further, how will you be able to explain your contract to others?

While it is true, in seeking the legal services of a contract lawyer you will spend money. It’s often money well spent. Further, a good lawyer will on an on-going basis as needed review the contract to ensure it is current and in legal compliance.

For those reasons, if you’re thinking of drafting a contract for your business or a transaction it’s a good idea to consult with a lawyer.

I offer a flat fee services for contract reviews and drafting.

I am a lawyer in Burlington. You can call or text direct at 416-505-4901

I was charged with a crime and need help!

Do I need a criminal lawyer?

It’s common to receive calls from distraught clients who have been charged with a criminal offence. Often, these clients want to know what will happen to them. Will they go to jail? Can they win their case? Moreover, many clients want an immediate answer over the phone.

Most criminal lawyers are reluctant to provide any information over the phone as they do not want to give the perception it is legal advice. In fact, most experienced criminal lawyers will often mention that only after obtaining criminal disclosure from the court will they be in a position to provide any real advice.

It’s difficult to get the whole picture while speaking over the phone. Also, having never met, a criminal lawyer will not want to provide any false sense of concern or comfort. Typically, a good criminal lawyer will want to interview the client in detail and then only after obtaining criminal disclosure will they be able to assess the strengths and weakness of the case.

Many criminal lawyers during the first phone call will ask questions such as, the date of the offence, the first court date and at times very brief factual circumstances to familiarize themselves with the case.

However, always keep in mind every criminal case is different.

If you have been charged with a crime and require a criminal lawyer in Burlington or Oakville give my office a call.

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

Business Law – Shutting Down Your Business – Part 2

SHOULD I SHUT DOWN MY BUSINESS

In my first blog post entitled, Business Law - Shutting Down Your Business I discussed some of the legal consequences that business owners should consider if they are thinking about closing their business.

In this blog post I would like to talk about the emotional decision. There are thousands of books dedicated to starting your own business, succeeding at your own business along with seminars, speeches and blog posts. However, there is very little information about how or when an individual should shut down their business.

Whether you operate a pizzeria or a consulting company deciding to close shop can have a tremendous emotional impact on an individual.

People don’t start their business with the idea that they will be shutting down. They start their business with an optimistic view and a dream of freeing themselves from an employer. Even the most well planned and thought out idea can fail.

When a business is not doing well, a business owner should consider is this a storm they can weather. Is this a temporary slump? Do they have the financial capital to continue? Let’s face it every business has highs and lows. If you don’t believe me just look at some of your favorite companies.

Of course, apart from everything else most business owners will struggle with the term failure. In that, since their business has failed this has something to do with them. A business owner might take it personally. It might also be embarrassing. They might reminisce, that only a few years ago they were proudly announcing their new business and now hoping the question isn’t asked, “how’s business”?

There is no solution to this dilemma. However, struggling business owners need to ensure they make the decision to shut down when they feel it is financially appropriate. Yes, there are great come back stories about failing business that eventually ended up doing very well.

However, there are probably more stories about business that were struggling and ended up having to fold.

One thing to certainly keep in mind, is that there is no shame in having to shut down. One should not view it as a personal failure. In fact, some have managed to avert serious economic crises by shutting down and in some situations even trying again later.

At my law office I regularly meet clients who are facing difficult decisions for their business.

I am a civil litigation 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

Business Law – Shutting Down Your Business

SHUTTING DOWN YOUR BUSINESS

In this first blog post about Shutting down your business I will talk about legal considerations when closing your business. In my second blog  post I will talk about the emotional roller coaster that many business owners face when deciding to close shop.

As a litigation lawyer and a business lawyer I meet many folks looking to start a new business. It’s always great as the lawyer to be there side by side an provide guidance and advice to a new business client.

Unfortunately, the downside is when a business owner has to decide that it’s time to pack it in. This is a very difficult decision and one that can have many financial consequences. For some, these consequences can have a lasting economic impact.

If you are thinking of closing your business there are some common issues to consider:

  • Commercial lease;
  • Business loan;
  • Equipment;
  • Employees;
  • Current existing agreements with clients;
  • Bank accounts; and
  • Income tax.

COMMERCIAL LEASE

Is your business currently locked into a commercial lease? What is the length of the lease? What is the penalty if you break the agreement? If you are already in default of your commercial lease and owe money ensure you have a good working relationship with your landlord.

Otherwise, don’t be surprised to find a lock on the front door of your business with a notice barring you from entering. Also, even if you manage to escape somehow, you might find a lawsuit from your landlord waiting for you.

BUSINESS LOAN

I have seen way too many business owners make the difficult decision of shutting down only to find they owe money to the bank. In many of these situations the bank will not be sympathetic and will very likely initiate legal proceedings quickly. This type of litigation typically does not go well for the borrower. There is also very little in terms of a defence.

EQUIPMENT

Do you own the equipment being used? Are you renting it? Finally, keep in mind if you haven’t paid your rent your landlord might decide to, lock you out. Under those circumstances sometimes the landlord might also decide to unilaterally sell your equipment to make up for the loss.

EMPLOYEES

Having employees can be very tricky for a business looking to shut down. An employer must ensure that there has been compliance with any Ontario law when it comes to severance pay, notice pay etc. Failure to do so, could result in an employee bringing an application to an employment related tribunal or worse, a lawsuit for wrongful dismissal.

CURRENT EXISTING AGREEMENTS WITH CLIENTS

If you have existing agreements with client’s you must be cautious in how you treat those relationships. If you were contracted to perform services or provide products and you fail to do so, you could be in breach of contract. This could provoke litigation.

BANK ACCOUNTS

If your business has bank accounts what steps will you be taking to close those accounts?

INCOME TAX

Are their any income tax implications of shutting down your business? Business that are registered corporations are required to file taxes every year. Also, if you are incorporated you must officially wind down your corporation.

I am a civil litigation 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

Civil Litigation – Stress and the Lawyer

LITIGATION LAWYER 

In a previous blog post I talked about the topic civil litigation stress and the client. In this blog post I would like to talk about the stress associated with civil litigation and the lawyer.

Believe it or not lawyers by no means are immune to stress and other mental health issues that stem from civil litigation and various other areas of law such as, family law and criminal law.

Here’s a fantastic article from the CBC entitled, 'The impact on society is enormous': In legal profession, depression, addiction hurt clients, too

I will say this, that a little bit of stress is good. It shows that the lawyer is thinking about the file and trying to look out for their clients. However, for many lawyers this stress can start to overcome them.

Have they advised their clients properly? Is the lawyer prepared for trial? Has all the requisite paperwork been filed? Have all the timelines been met?

Of course a major stressor for litigation lawyers is ensuring they have accurately quoted their clients for not only their own legal fees but the possible negative outcomes associated with losing.

Also, lets face it, many lawyers gloat, post, tweet about their court successes. However, many for obvious good reasons don’t like to advertise a loss. The courtroom process is very adversarial and it can at times come down to winning and losing.

This is why many good lawyers will often strongly recommend alternative dispute resolution.

CIVIL LITIGATION LAWYER NEAR ME

If you are trying to locate a civil litigation lawyer near you contact my office.

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