If I signed a non-compete with my workplace when I was hired, is it possible to get out of it in order to work for a company in the same industry (competitor)? The non-compete terms were essentially that a year must be in between working at my company before working for a competitor.
It is possible to get out of a non-compete by involving a court.
If a court determines the terms of a non-compete contract are too broad and overly restrict the economic mobility of the employee and/or their ability to earn a livelihood, the court might void the non-compete.
If a client pays a cash deposit, upon agreeing to a verbal contract, based on a physical proposal that was agreed to, and then wants to pull out of the agreement, am I legally obligated to refund the deposit?
My business was working with a client for a few months & being paid monthly. The client then makes a large investment of $11K on the terms that it would be paid back by continuing our monthly services with them, five mon… (Read more)
If no work was complete, you probably have to refund at least a majority of the deposit.
The deposit can be kept if there's an agreement saying it's non-refundable (subject to some limited exceptions) or if the service provider actually incurred costs taking on the project (whether or not services were in fact rendered)
Doing a demo with a fake name and company for competitive purposes is considered fraud, which could result in criminal and civil liability.
If you want to research competitors ethically, you could use publicly-available information attained without misrepresentation.
You will have to prove that you can financially support your spouse and your marriage is genuine. However, there are some additional factors you might need to prove depending on you and your spouse’s location and situation so make sure to review the full application details on the IRCC website.
This really depends on many factors such as your age, qualification, education and programs you are considering to immigrate through. Getting PR really depends on your score - so if you have a high score, PR may be a good option. If not, study permit is likely your best bet
Generally speaking you are not legally allowed to work while you are on visitor visa, although there are some exemptions that allow you to work in Canada without a work permit. You may also work for non-Canadian companies remotely, but double check to make sure you aren’t breaking any rules first.
You can certainly apply for PR while visiting, but you will want to make sure you are eligible under whichever PR program you apply for.
You will need to convince a Canadian company to sponsor you, so you can get a work permit based on it. Your internship might fall under an exemption and I would encourage you to speak to a lawyer and discuss your circumstances.
Yes, you can work anywhere in Canada if you possess a valid Post-Graduation Work Permit although you will want to make sure you start skilled work as soon as possible to give you the best chance at getting PR here.
Citizenship gives you additional rights such as voting and you will not need to renew your status (such as with PR) to remain in the country. Also, some jobs in Canada are only available to citizens (mostly government related positions).
You can start working immediately giving the fact that your work does not fall under any other restrictions listed on your work permit.
You should look for Canadian companies that are hiring for roles you are eligible for. Then, you should check to see which of those companies have previously sponsored foreign workers, and submit a strong resume and cover letter. You could also enter the Canadian job bank, where you can review different job postings and have companies look into your profile.
I am thinking of immigrating to Canada soon. Is it possible to apply and get a job before physically landing in Canada?
It is definitely possible but requires a lot of effort! I would encourage you to be strategic in approaching positions and companies you are qualified for an interested in, and try to network with people who work there. This might potentially help you get interviews and a job you are looking for.
You have a high chance of getting ITA in the next draw assuming that you have already created your profile with accurate information including your language tests results and a valid ECA (if needed).
I would recommend to go through Express Entry, since 475 is a very good score and should be enough to get you an invitation to apply through Express Entry.
OINP would just incur additional expenses and add an extra step in your process.
You can definitely do it as an “upfront medical exam”. It could expedite the process for some work permit applications, like Global Talent Stream (GTS).
You will need to meet certain criteria as per the government of Ontario:
Work permit holders may be eligible for Ontario health insurance coverage provided they
Note that normally, you become eligible after 3 months for coverage, but there are some exceptions in place due to Covid-19. Best bet is to check the Ontario website here:
You would need to apply for a work permit and most likely you will need a company who would agree to sponsor your application through what’s called a Labour Market Impact Assessment (LMIA).
You will need to pay $155 to file a Work Permit application, as well as $85 for submitting your biometrics (if required). You will need to pay extra if you include family members, such as your spouse and/or kids.
You will need to evaluate your foreign diploma through an Education Credential Assessment in order to get credit and points for it. Once they determine the Canadian equivalent of your foreign diploma through the ECA report, you can use it for your Express Entry (EE) application.
It depends on the visa you have received but usually depends on the validity. For example, if you get a 1-year work visa this means you can land in Canada within 1 year (although you wouldn’t be allowed to stay for as long if you delay travel). If you get PR approved, you may be required to land in Canada within a certain timeframe.
You will need to obtain a Work Permit (WP) or Permanent Residency (PR) to work in Canada. The process for a work permit could be faster but you might need to find a company to sponsor you. PR applications could take longer to complete but it depends on your situation and goals.
With a work permit, you will also need either a temporary resident visa (TRV) or eTA in order to travel - they are usually processed with your work permit application.
Insurance can depend on the type of work permit, but I would encourage you to contact Immigration Canada to confirm the request. Please be very careful and validate the request before processing the payment as there are many scams that come from people pretending to be Canadian government entities.
A “closed” work permit is provided based on the sponsorship of a company, so the person is only legally allowed to work for that specific company.
An “open” work permit is not linked to any company, and the permit holder can work for any employer in Canada. However, this type of work permit is only granted in specific scenarios - such as an international student graduate or spouse of a temporary permit holder.
The requirements will differ depending on which country you’re applying from, but you can find them by going on the CIC website and choosing your country of residence and following the guidelines.
You can also checkout our resources at Visto.ai and our vetted professionals that can help!
Closed work permits are received after being sponsored by a company, usually in the form of a Labour Market Impact Assessment (LMIA) application. Those who are sponsored by a Canadian employer receive a closed Work Permit, allowing them to immigrate to Canada as a worker.
If you’re a student graduating from a qualifying program, and are eligible, it's best to apply for a Post-Graduation Work Permit (PGWP), so you are not limited to working for just one employer. You can find our free guide on the PGWP at visto.ai by signing up for free!
Yes you can.
Ideally you have included them in your initial work permit application, so they could come to Canada to work or study, depending on ages and which visas they apply for.
In case you already received your work permit, you can still have your family apply as dependents. You would have to include proof of your work permit as part of their applications.
You will need a job offer from a Canadian company, and also have to be eligible under the program. This means you either fit into 1 of the 13 tech roles that are eligible (category B) or are a specialized or unique role and your company can get a referral (category A). Lately more and more companies have been willing to use the GTS program as the competition for tech talent here is very tight.
You would still have to apply for Permanent Residency (PR), like you would from outside of Canada. Keep in mind that you may be eligible to immigrate under some different programs. I would start by looking into Express Entry and/or Provincial Nomination Programs (PNP’s) you’re eligible for.
There are many factors that affect an applicant's chances of being approved for a Visa to Canada. For overall admissibility, immigration officers want to make sure that an applicant has a clean background, is not a danger to the Canadian society, is in good medical condition and a few others.
Other considerations include ties to a home country, proof of means of financial support, etc.
Keep in mind that every type of Visa application comes with its own unique set of requirements.
Processing time that remains after the biometrics are received depends on the type of the application. For example, many of the work permits I submit for clients are approved within around 1 week of clients providing the biometrics, but most of these are expedited through the Global Talent Stream. Traditional work permits or other visas may take much longer, and even be delayed by weeks or months.
You can look up the average processing time of all permits on the Canada.ca website.
Do I need to include my spouse in my Express Entry application as an accompanying person, even if she’s been in Canada on a Work Permit already for 1 month?
While it’s not required, it is recommended in cases where both you and your spouse would like to obtain Permanent Residency. It will also make it easier down the road - as your spouse otherwise won’t be able to stay longer than the length of her work permit and sponsoring a spouse for PR can take 12+ months.
The easiest ways are to get a job offer from a Canadian company, and get sponsored to come to Canada on a Work Permit, or to come through the PR program called Express Entry. Some occupations are currently in high demand - depending on your qualifications and your experience, aiming for occupations that are in high demand in Canada might give yourself the best chance to come on a work permit, or if you have a high enough score, you can come through EE (which does not require a job).
Our free portal at visto.ai will help you find the best option based on your situation.
This highly depends on your situation, the CRS score on your Express Entry profile, and which PNP programs you may be eligible for.
Some PNP’s are faster than others, but keep in mind that EE will likely be quicker, if you have a high enough score for it. Not only that, a PNP is just the first step to then apply for PR (either through EE or the paper-based application), so it’s best to avoid PNPs if you can.
However, if you don’t have a high enough CRS score, sometimes those PNP programs represent the only available option.
We are looking for VC/Angels that are willing to work with us on our terms, and we would like to know what is involved in the agreement when negotiating the terms of the deal. I'm unwilling to give up any ownership in th… (Read more)
Startups typically use Term Sheet documents to set out terms of a financing arrangement with VCs or Angel investors.
Among other things, the Term Sheet includes the amount of money being invested, the number and type of shares being granted in exchange for the money invested as well as any milestones required to be met by the Startup to receive funding.
Term Sheets are typically not legally binding unless both parties indicate otherwise.
We are developing our technology in Canada. Our plan is to market and sell our product in the European Union (EU), and to Canadian companies doing business in the EU. I'm unclear on the impact SR&D would have, on the def… (Read more)
The Scientific Research and Experimental Development (SR&ED) Tax Incentive Program is a tax credit that reimburses businesses for their R&D expenses. For specific questions about the defensibility of technology already or yet to be registered in Canada and how to extend that protection into the EU, a detailed consultation may be helpful to give a more complete answer to this question.
As part of our financing strategy, we are looking at the possibility of an ITO/ICO. One of the pre-requisites, at least in the U.S., is to be able to pass a certain 'Howey Test'. I'm unclear about what that means, but si… (Read more)
The "Howey Test" is a test created by the Supreme Court of the United States, used to determine whether certain transactions qualify as "investment contracts" and therefore, fall under the control of securities regulators in the United States.
In Canadian law, The Pacific Coin Test determines whether a coin or a token qualifies as a security, or investment contract. Under the Pacific Coin Test, a coin or token is a security if it involves:
If securities rules apply, the entity offering the ICO will have to meet the standard requirements to offer securities to the public.
This includes an obligation to sell securities under a prospectus or pursuant to an exemption from the prospectus requirement, such as private placements selling only to accredited investors in compliance with the Accredited Investor Exemption or providing investors with an offering memorandum containing prescribed information to which liability attaches for misrepresentations.
In considering whether securities laws apply, the Canadian Securities Administrators (CSA) has noted that provincial securities regulators will look at the substance of the transaction with the objective of investor protection in mind. Using a new technology and new terminology such as selling a coin or token instead of shares or equity to raise money does not determine whether securities laws apply.
In Ontario, if your employment agreement states that you and your employer agreed to a six (6) week notice period should you voluntarily leave your position, then you should abide by that requirement. If you only give two weeks notice, you would not be entitled to your salary/wages for the four additional weeks that you agreed to work as per the agreement. Further, employees can be found liable for the damages if the employer sues for breach of contract (wrongful resignation) given you failed to provide the agreed upon notice. More details would be required to assist further.
It is not always true that the losing party has to pay legal fees for themselves and the other side.
A losing party will of course be responsible for their own legal fees. They will also most likely be ordered to pay a portion of the legal fees for the winner. These legal fees are called “Costs”. The idea behind this is to discourage thoughtless and redundant litigation. A plaintiff should think twice about suing, if losing means, not only do they have to pay their own lawyer, but they’d also have to pay part of the other side’s lawyer too!
Costs are also used by the court to encourage parties remain civil to each other during the course of the lawsuit. For example, if one party behaves in an intolerable manner during the litigation, the judge can order that the loser pay a greater amount of costs.
Costs are also used to encourage settlement. When parties make offers to settle, this factor will be considered by the judge when deciding the amount of costs to award. However, there are formal rules regarding how and when such offers are made. Note also, that costs are at a judge’s discretion. It is possible for courts not to order any costs.
Like most things in litigation, the law on costs is quite detailed. It is recommended that you review the applicable law and rules, or speak to a legal professional for a more thorough understanding of this concept.
We created a video to explain various costs in Litigation: https://youtu.be/TFBcOu7kpLM
Can the validity of existing patent protection granted to somebody else be challenged after the fact?
In Canada, there is no formal interference or opposition procedure available to challenge a competitor's patent application. There is however, a mechanism for one party to provide information to the patent office in an effort to prevent a patent being granted, a procedure known as a "protest".
How soon should the inventor of a patentable technology file an application, especially in cases when new invention becomes known to the general public?
A patent is issued to the first applicant to file a patent application with an enabling description that fully supports the claimed invention.
Canada has a 12-month grace period for prior public disclosures derived from the inventors, based on the Canadian filing date. The 12-month grace period provides the opportunity to file a patent application in Canada within 12 months of the applicant disclosing the invention to the public. The Canadian filing date of a PCT application that enters the national phase in Canada is deemed to be the "international filing date".
Accelerated examination of a patent application can be obtained by the applicant or any other person who alleges that failure to accelerate it will prejudice their rights.
This process is called a "Special Order". The Special Order process is relatively straightforward. It is granted automatically in response to a request containing an affirmation that the failure to advance the examination would prejudice that person's rights, as well as the payment of a government fee.
In Canada, the examination of a patent application is not automatic upon filing and must be requested by the applicant or a third party. If examination is deferred, the results of examination of corresponding patent applications in other countries may lead to strategies to expedite prosecution of the Canadian application at reduced cost.
There are no claims fees in Canada of any kind. There is no limit to the total number of claims, or the number of independent claims, included in a patent application. There are also no restrictions on the use of multiply dependent claims. There is a nominal excess-page printing fee for patent applications exceeding 100 pages in length.
Canada has a "small entity" designation that in circumscribed cases allows businesses employing 50 or fewer employees and universities to pay reduced patent application filing, examination and annual maintenance fees.
Standard government filing fee for patent application:
Please review the most up-to date fees related to Patent filing here.
What rights does the patent owner gain regarding the invention that's been patented?
Rights derived from an issued Canadian patent can be enforced through the Federal Court of Canada or Canadian provincial courts.
A Canadian patent is a monopoly granted by the Canadian government that affords the patent holder an exclusive right to manufacture, sell or use an invention throughout the country for a period of 20 years from the date of the application. A patent owner or licensee may bring a court action against someone who infringes the claims of the patent.
The granting of Canadian patents is within the exclusive jurisdiction of the Canadian federal government - under the control of CIPO - and is governed by the Canadian Patent Act and Patent Rules.
Patent protection is requested by filing a formally prepared application with CIPO, which should include background, description, drawings and claims that provide sufficient detail of the invention and its operations for a notional person skilled in the area to create it. Also included in the filing are the requisite CIPO patent application fees and details concerning the invention's inventor(s).
Once a request for examination is filed, a patent application is examined by a patent examiner in view of any information publicly available before the filing date. Once deemed allowable by the patent examiner, the patent is issued after payment of an issue fee.
What are some of the examples of what's considered an "invention" and thus could be patentable in Canada?
A Canadian patent may be obtained for any new invention, including processes, machines, methods of manufacturing or a composition, or any new and useful improvement to one of the above that is applicable to industry. The key is that there must be at least one new and innovative element to the invention or improvement. That being said, Canadian patents cannot be issued to protect a scientific principle or theorem in the abstract without a practical application.
Canadian courts have ruled that business methods are patentable in Canada. However, CIPO has implemented examination policies that create new obstacles to patenting business methods and computer-implemented inventions in general.
Claim format and content can make a big difference between acceptance and rejection for certain technologies. For example, methods that provide practical therapeutic benefits to subjects are considered methods of medical treatment, and are not patentable in Canada. However, therapeutic innovations may generally be captured in the form of "use" claims. Also, higher life forms - such as multicellular plants and animals - are not patentable per se, but a higher life form may be protected by directing claims to a cell having distinctive characteristics.
On October 30, 2019 new Rules and Amendments to the Patent Act came into force, which include changes to the requirements for filing a patent application.
These changes include the following:
For more information and current government fees, visit the Canadian Intellectual Property Office website.
You must submit information about your invention. There are three parts to the submission:
The abstract is a short technical description of the invention and describes how it is different from other inventions. It is basically a summary.
The specification must include a clear and complete description of the invention and its usefulness. One very important part of the specification is the “claims.” The claims are a definition of the boundaries of patent protection that you want. They are like a fence around the patented invention that protects it from trespassers. Everything that is not enclosed by this fence is freely available to be copied, manufactured, or sold by the public.
The difficult part of the application is to write the claims so that the invention is defined broadly enough to provide the maximum protection, while also being specific enough to differentiate your invention from what others have done before you. A claim can only cover what you have invented. A registered patent agent can write the claims for your application.
The final part of the required information is the drawings of the invention. There are specific requirements that must be followed with respect to the size, quality, and detail of the drawings. The drawings should also clearly show all parts of the invention defined in the claims.
A petition is the request for a patent. A blank petition form can be downloaded from the CIPO website. This form asks for the names and complete addresses of all the inventors, a title for the invention, and the name of the patent agent who will be acting on your behalf.
It is difficult but possible, depending on your line of work. You should try to find companies in your industry who have or are willing to sponsor foreign workers, as some companies simply are not. Even starting remotely is a good idea as it builds trust to hopefully then expand into a full-time role in Canada once you land.
Depending on your program, you may be eligible for a Post-Graduation Work Permit (PGWP) which would allow you to work in Canada.
You can also check your eligibility and score under Express Entry, the skilled PR program, although it may be best to wait until you have 1 year of work experience here. Our free portal helps with all of the above!
While there isn’t a rule prohibiting distant relatives from financially supporting Study Permit applicants, the question is whether or not it would be recognized by IRCC as a valid proof of financial means.
It’s highly recommended to have the letter either notarized or prepared as an affidavit, and include a detailed explanation of how and why this person is supporting your application.
They should also include a proof of their finances and a piece of identification (copy of passport).
Best of luck or for more specific help, check out Visto here.
The exact list of documents depends on the type of work permit you’re applying for and which country you’re located in.
Firstly, you’ll need a Canadian employer to sponsor you through the LMIA process. If that’s approved, then you can submit your work permit application based on your specific country’s requirements.
Most LMIA-based Work Permits are issued for 1–3 years. This depends on the situation, the company, and the LMIA application itself.
You employer will likely decide, or consult with you to decide, how long the work permit period will last. Certain LMIA’s are eligible for longer duration than others.
In order to get an LMIA-based Work Permit approved for the requested time period, the employer must prove that they indeed have a job opening for the entire amount of time or the ESDC may not approve it for the requested time.
It is definitely possible.
To maximize your chances, you should consider keeping a record of all your supporting documentation, including task details, proof of payments, contracts with your clients, reference letters if possible, etc.
Currently, the two most optimal routes to be able to work in Canada are:
I explain both options in a little more detail in my blog post on the best ways for skilled workers to move to Canada here:
In Canada, being sponsored to work usually means getting a “closed” work permit.
Such a permit is linked to a particular employer that sponsors the applicant. This means that the applicant can only work for the company that sponsored them to come to Canada.
We talk more about the best ways to move/work in Canada in our blog post here: Skilled Workers: Best Ways to Immigrate to Canada
The answer is “Yes”.
Once you are approved for PR and move to Canada, you are allowed to work for any company you want, and are not limited to a certain role. Simply put, you can come to Canada and find a job in accounting, but it should not matter if you get a role in something else as long as you already have PR status.
I live in Nigeria. How do I apply for jobs in Canada? And also, what are the chances that I can actually get a job over there? I’m open to work remotely, as well as to move there
I recommend looking up companies that are willing to sponsor foreign workers, or companies that do foreign recruitment for Canadian companies. Try to focus on job occupations that are in high demand.
Keep in mind that actually getting a job offer from abroad can be very difficult and would depend on your background and your work experience. Being willing to work remotely at first may help.
Also, be careful of people offering you jobs or LMIAs for a fee, as these are usually scams and illegal.
I also wrote an article on how skilled workers can move to Canada here: Skilled Workers: Best Ways to Immigrate to Canada
The government fee for a Trademark application is $330.00 (2020) per class (type) of application. This fee will increase to $336.60 in 2021. For a further breakdown of other types of fees, see a list at the Canada Intellectual Property Office’s Website.
The length of time from the filing of an application through to registration is currently around 18 months, assuming there are no issues with the application and there are no major objections. From the date of filing, it is currently taking the Canadian Intellectual Property Office between 11-12 months to examine an application.
The Registrar will not consider requests for expedited examination because “the advancement of an application out of routine order creates a favoured position at the expense of all other applicants” (Trademarks Examination Manual).
Once a trademark application has been approved, it takes 4-6 weeks for the application to appear in the Canadian Trademarks Journal for the two month opposition period. Assuming that no oppositions are filed, the trademark application will then proceed to allowance in about 3 to 4 months.
If there is no opposition to the application or if the opposition is unsuccessful, your application will be allowed. The Registrar of Trademarks will send your lawyer or trademark agent a Certificate of Registration which shows proof of registration of your trademark in Canada.
See my answer on how a trademark can be opposed.
There is a two month period during which other people can oppose a Trademark application advertised in the Journal. This phase is called "opposition".
If someone does "oppose" your application, your lawyer or trademark agent will be notified by mail. During the "opposition", the Trademarks Opposition Board (TMOB) will conduct oral hearings and hear evidence before making a decision. During these proceedings, both parties may present evidence to support their respective cases. Additionally, an investigator may be hired to gather this evidence.
The Trademarks Journal is the official publication which lists every application that has been approved for advertisement in Canada.
If the pre-publication search does not show any new objections to clients' application, trademark application will be advertised in the Trademarks Journal.
You can review my answer about "pre-publication search" here.
Before advertisement in the Trademarks Journal can take place - an inclusion into a list of all previously approved trademarks - the Registrar of Trademarks will conduct a second search to ensure that, again, no one has registered, or applied for registration of, a trademark that would be in conflict with the one an applicant is seeking to register.
When the application is received, an examiner will conduct a search to make sure that your proposed trademark will not be confused with anyone else’s trademark and that your mark can be registered according to the Trademarks Act and Trademarks Regulations.
If the examiner finds a problem with an application, the Registrar of Trademarks will contact your trademark agent and he or she will have a chance to respond to the problems. The examiner may request a disclaimer at this point. A disclaimer is a statement that a certain part of your trademark is not exclusively yours. It is still possible to use the disclaimed part of your mark, but you will have no rights to it.
If there is a problem with your trademark application and if your response to the problem does not satisfy the examiner, the application will be refused. Your lawyer can appeal this decision to the Federal Court of Canada. If you fail to respond to the Registrar of Trademarks by the required date, it will become abandoned.
First, your application must be filed with the Office of the Registrar of Trademarks at the Canadian Intellectual Property Office. When the application is received by the Registrar of Trademarks, they will check it to make sure it is complete. If it is not, they will notify your trademark agent to ask for any missing information.
If the application is complete, and you have included the correct fee, the Registrar will open a file and issue a filing date and an application number. Your trademark agent should keep a record of this number and refer to it in all correspondence with the Registrar. Your trademark agent should receive the filing receipt within two or three weeks. In addition, the Registrar will enter your application as pending in the Canadian Trademarks Database as well as other databases maintained by external companies.
There are six main steps in the application process and it will usually take one to two years to complete a trademark registration. The six steps are:
A trademark application that has the following will receive a filing date and an application number:
Here is a handy guide provided by the Canadian Trademark Office on the Trademark process in Canada. Trademarks are a federally regulated area of law.
I am on my Open work permit(PGWP) in canada. I am planning to start a small e commerce business. I don't know if I am supposed to do this kind of or any kind of business on my work permit. I am going to apply for my permanent residency soon. I don't want to get in any kind of trouble because of this. Please let me know if I can and how did you find that information. Note: My work permit state that I can work for any employer and I can also be self employed.
A PGWP does allow you to be self-employed, so there should be no problem there. The biggest concern is if you're working towards PR, especially through Express Entry, any self employment will not count as work experience. So if you aren't also employed in a paid, skilled roll, this could hold you back from ultimately getting PR.
That being said, if you'll have a high enough score anyway and/or this is just a side gig, it should be fine
Pleadings are the formal documents that the parties file in court in the beginning stage of a lawsuit. These documents contain all the allegations that parties have against each other. For example, for Ontario Superior Court cases, the most common pleadings are the Statement of Claim and Statement of Defense.
They are important because lawsuits are usually decided within the boundaries of pleadings. For example, if you say someone breached a contract you would want to put that allegation in your pleading. If you don't, it is unlikely the judges will consider it in the trial. However, judges have the ultimate discretion.
In general, it is best to seek professional advice from either a lawyer (for lawsuits in general) or paralegal (for Small Claims matters) when it comes to pleadings.
Watch Litigation Help's video on Pleadings: https://youtu.be/6WwGYe2IaGQ
Close of Pleadings is a very specific time to lawsuit. There are several situations that signify this event. One is when the plaintiff has replied to your defense, or when the time for their reply has expired. Refer to Rule 25.05. Go to CanLII website to see the latest Rules of Civil Procedure (Ontario)
Close of pleadings is important because once a pleadings are closed it allows other steps to begin in a lawsuit. One of the key steps could be that the plaintiff can move to have the action to go to trial or discovery.
You could change (or “amend”) the pleadings before they are closed.
Rule 26.02 says:
A party may amend the party’s pleading,
(a) without leave, before the close of pleadings, if the amendment does not include or necessitate the addition, deletion or substitution of a party to the action;
(b) on filing the consent of all parties and, where a person is to be added or substituted as a party, the person’s consent; or
(c) with leave of the court.
However, there are special exceptions to that, such as adding a party if a limitation period has expired. Overall, for the most part you could make changes before the pleadings closed.
Litigation Help's video on Pleadings: https://youtu.be/6WwGYe2IaGQ
When you sue someone, your Statement of Claim must include a “cause of action”, which is the host of facts used to justify your right to sue. We cannot simply sue for everything that happens to us because not every slight is something that courts will recognize as having remedy attached to it.
Common examples of cause of action include breach of contract, negligence, defamation, etc. A claim may be “struck out” if it does not have a “reasonable cause of action”. The claim should include the “material facts” that give rise to the cause of action. An example of what this means is in the judge’s decision in this case, Diaz v Tossa, 2017 ONSC 54 (CanLII), <http://canlii.ca/t/gwwzk>
Litigation Help's video on Cause of Action: https://youtu.be/b5yUmvgJOtg
My son was sitting in the park texting on the phone and the lady said he was taking pictures of the kids. His car was behind the park and he jumped fence not hearing the lady. As a result, she posted on Facebook about a… (Read more)
In this circumstance, it may be necessary to serve a cease and desist letter against the individual posting the defamatory images. If you require legal assistance in preparing a cease and desist, you may wish to contact your local law society referral service or legal aid clinic.
I was just wondering if police services can put information about a child under twelve committing violent crimes in the CPIC database if they are considered a danger to the public. If not, how do police services warn oth… (Read more)
The CPIC database is used for reporting lost or stolen vehicles and property. It is not a list of criminal offenders. For more specific information regarding police procedure, you may benefit from contacting your local police department.
My boyfriend is being charged with 2 assaults on peace officers and mischief under 5000 and I am wondering what his combined sentence might be?
The exact length and nature of a sentence is determined based on a number of factors further described here:
A Philipino-Canadian businessman who owns a company in Calgary and had been living in the Philippines since 2016 offered my brother and 2 other guys landed immigrant visa (with his company as petitioner) back in May 2017… (Read more)
In these circumstances it may be possible to seek legal recourse in Canada; however, only a judge can ultimately determine whether there were damages incurred and who should be liable. In some situations it is possible to pursue the directors or officers of a closed corporation but this is a highly circumstantial determination.
Is it legal to give away some percentage of one's business profit (a sole proprietorship's profit in this case) to the community directly e.g. food bank, as a form of corporate social responsibility; and to also include… (Read more)
In general, it is not illegal for a corporation to donate a portion of it's profits to charity, so long as it has retained sufficient funds to meet its debt and liability obligations.
In terms of advertising, any advertising of the charitable donation should be clear, concise and accurate. There is some risk of liability for false advertising if there are inaccuracies in how the charitable donation scheme is presented or marketed.
How could someone go about contesting a holographic will that was made 6 years ago from another province? The will itself wasn't signed or dated, it went through probate 3 times now. What can be done?
In these circumstances, it may require an application to the court to have a judge interpret the will. If you require assistance on the drafting and filing of an application, you may wish to contact a lawyer through British Columbia's law society referral service or CBA referral service.
A friend drove an acquaintance of hers to a shop and unbeknownst to her that person shoplifted a bunch of items. A security camera picked up her car and police came to her home to ask her to tell them who the person was… (Read more)
In general, an individual will only be compelled to speak if they are acting as a witness during a legal proceeding. However, on a practical level, it is likely better to cooperate with police rather than facing the risk that they will deem your friend an accomplice to the crime.
I wrote a comment on a professor's Facebook page and google page for her workplace calling her a racist. She has hired a lawyer and is suing me if I don't sign a paper saying I'm sorry and I won't do it again. I am not s… (Read more)
Given the circumstances, it is possible that the professor will decide to pursue legal action against you. However, whether you will be liable to the professor can only be determined by a court.
My husband left me 3 weeks ago. We have been together for 26 years, and 20 years in marriage. We have a house. Do I need a lawyer to help me go through the divorce and separation of assets? Also, do I need to worry about… (Read more)
A lawyer may be able to help you to ensure you receive an adequate and appropriate division of your assets in any upcoming divorce proceeding. A lawyer can also review your RRSP investments to determine what risks may exist moving forward.
If you require further legal assistance, we can recommend Carolina Bruckson (https://bruksonlaw.ca/). You may also be able to receive legal assistance from your local legal aid clinic.
I received a "Referral for Judgement" letter from CRA. It states that I must pay $13,212.42 to ESDC Remittances. The loan was from the mid-2000s and was written off years ago. It is not on any of my credit histories, and… (Read more)
In these circumstances, it will likely be necessary to speak with an accountant and tax lawyer to discuss your options. To find a lawyer, you may benefit from contacting your local law society referral service or JusticeNet.
My ex was charged with assault against me, and was released on condition of him signing a no-contact order. He has past assault charges. He breached the no-contact order, and texted me from his phone and called me from a… (Read more)
In these circumstances you should likely contact the police to update them regarding the current situation. If you require further legal assistance you may wish to contact your local law society referral service or legal aid clinic.
My boyfriend is threatening to change the locks on our home while I am gone to work. We just purchased our house 2 months ago and my name is on the mortgage and deed. What are my rights and what can I do if he does chang… (Read more)
If you are an equal owner of the home, then you generally will have the same entitlements as any other owner. If your partner acts unilaterally in a way which interrupts your use and enjoyment of the property, you will likely have grounds for legal recourse.
Sports betting in British Columbia is regulated by the British Columbia Lottery Corporation (BCLC). For more information about specific limitations:
I have been living with someone for 7 years so that assumes we are considered common law. I want to end the relationship. We bought a house together. I put $8,000 for downpayment and he put $3,000. I would like to keep t… (Read more)
In general, when a common law couple separates, they can enter a private separation agreement which will determine the division of assets or, if no agreement is reached, either spouse may decide to pursue legal recourse to divide the assets and seek further support.
If you require further legal assistance, we can recommend Carolina Bruckson (https://bruksonlaw.ca), an Ontario-based family lawyer.
Though you may have passed the limitation for pursuing legal action, there are sometimes exceptions based on when the claim became discoverable (ie. the date on which you were first able to know that damages had occurred).
I'm 21 and have practically raised my sibling(soon to be 15) for the last few years. My mother goes through cycles of being neglectful and emotionally abusive and I am afraid to move out and leave them alone. My mom's si… (Read more)
In these circumstances, it may be possible for you to get custody of your sibling. However, this must be done through a court order to be legally valid.
If you require further legal support, you may wish to contact a lawyer through your local law society referral service, legal aid clinic, or JusticeNet.
A few years back I co-signed a second mortgage for my son. Unfortunately, he lost the house. I have been paying on this second mortgage for about 4 years. The amount is 40,000. The payments are up to date. It is through… (Read more)
Though it is unlikely that the company will be able to force you from your home, we cannot determine all the risks without a full review of the evidence and circumstances.
In your circumstances, you may benefit from contacting a lawyer. We can recommend Mark Evans (http://www.lexpand.ca/about-us/mark-harris-evans/) an Ontario-based real estate lawyer.
It is not illegal to record someone speaking to you. However, it is illegal to record a conversation between two or more individuals if you don't have the consent of at least one of the individuals to be recorded.
It is likely that visa officers spend more than a few minutes assessing visa applications. Moreover, there are various mandatory checks - such as the validity of documents, identification, criminal background check, health check (in some cases), supporting documentation - that need to be completed.
Not to mention many processing centers are backlogged, so while the processing may actually only take a day or 2, it may take processing agents weeks to get to it.
Unfortunately, you can’t work, but as a US citizen, you have some options available to you.
One, is to get sponsored by a Canadian company. This would in most cases allow you to apply for a work permit at the border.
You can also apply for PR and/or have your wife sponsor you for PR as well.
The answer depends on the type of LMIA/work permit, as well as the country you are applying from.
For example, a standard LMIA usually takes 3–6 months to process. Work permit processing time will vary based on the country of residence.
If you’re a tech worker, an LMIA can be processed in 2–3 weeks. In case you’re a citizen of a visa-exempt country, you may be able to apply at the border upon arrival, cutting out the work permit processing time.
If you’re coming on a work permit sponsored through a Labour Market Impact Assessment (LMIA), you’re usually not required to show proof of funds. IRCC will only require proof of funds for work permits applied for from certain countries.
We recommend checking the requirements, based on the country you currently live in.
One way to get a work permit is by getting sponsored by a Canadian employer. If your experience allows you to apply for a job, and that employer cannot find another worker from within Canada, they may nominate you through the LMIA program. Once approved, you can apply from within Canada, or your home country, or sometimes at the border.
Yes, you can get a work permit without taking the IELTS test. This would depend on the country you are applying from. Some countries require proof of language, while others don’t. It also depends on the job offer/LMIA, so keep that in mind as well, but a language test is not required in many cases.
The reason for rejection should be outlined in the letter received from IRCC. You can find the letter in your online account, or in the mail (depending on how you applied), or also apply for what's called Global Case Management System (GCMS) notes, which will give you more details and notes from the agent who processed your application.
There are two things that we discuss with our clients:
If they hold an open work permit, they cannot study unless certain exceptions are in place. For example, the applicant may be exempt if the program is less than 6 months.
One of the ways to verify restrictions that apply specifically to you, is by reviewing the “restrictions” section on the Work Permit itself, for any conditions applicable to your case.
IRCC reduces the CRS score required to receive an invitation to apply (ITA) when they are looking to invite a large amount of people to apply, as a lower score will mean more people get their ITA.
If you represent yourself and lose, you could try to reverse or overturn the court's decision as a self-represented litigant, or hire a lawyer to help you. There are two technical routes to do this depending on the type of decision. One way is to appeal the decision. Another is to "set aside" a decision. As this is a short answer, it is not possible to include the necessary details to understand appeals and setting aside decisions, both of which can involve complicated legal reasoning. It is therefore a good idea to speak to a lawyer to find out which path you should take. However, be mindful that you cannot expect the court to give you a second chance to hear you out just because you were a self-represented before, and you now decided to hire a lawyer to argue on your behalf.
The biggest challenge in being a self-represented person is that they often do not have enough knowledge about the law to present legal arguments, or understand the procedures involved to navigate the system. Many people assume that if the facts are such that it's obvious they must win. Many people do not understand the difference between legal issues and disputes understood in common sense. In addition, there are numerous procedural hurdles. There are many deadlines for many steps in litigation. There are also many procedural rules that must be obeyed. As an example, expert reports must be served and filed ahead of time, or the expert may not be allowed to testify. If a self-represented litigant did not realize this and did not comply with the rule, they may not be allowed to show important evidence from the expert report at trial, and may lose the case.
It is also disadvantageous to a self-represented person when dealing with opposing counsel before the trial, as they could be out-maneuvered. An experienced lawyer handles cases strategically. It's a bit like playing chess. Even if you know how the chess pieces move, playing the game against a master is hard to do!
In addition, another risk in self-representation is that as a litigant, one is often so emotionally involved in their case that it is difficult for them to be objective. In such a state, it is very tempting to see the situation in black and white, right and wrong. It is very difficult for a litigant to see different sides to the situation.
I should add that many self-represented litigants have the impression that the judge did not want to listen to them. However, other self-represented litigants have also told me that they felt the judge was quite sympathetic. My suggestion is to look for a limited scope retainer or unbundled services lawyer to help you with your case, and always be civil and courteous, to the court, and to your opponent.
For legal education videos, visit www.youtube.com/c/litigationhelp
If you are suing someone, you are not forced to hire a lawyer to do this. You are allowed to file a claim yourself. Similarly, if you are sued, you are not forced to hire a lawyer to file a defence. However, the rules and procedures involved are not easy to understand, even with all the information available online. This is why most people do need a lawyer. If you hire a lawyer to represent you, technically, that lawyer is "on the record". This lawyer is responsible for taking care of your case on your behalf in all the aspects of the lawsuit, such as corresponding with opposing counsel, arguing at hearings for you etc. This is the most common way to hire a lawyer for litigation. More recently, you can also hire a lawyer "in the background" to coach you, or draft legal arguments or other court documents for you. This second way of hiring is referred to "unbundled" or "limited scope retainer" services. This allows you to represent yourself, while still being able to receive legal assistance to your case. For more information, visit Self-Rep Navigators, www.limitedscoperetainers.ca. For family litigation, see Family Law Limited Scope Services https://www.familylawlss.ca/
I broke my foot leaving through an emergency exit in my apartment building. The elevation between the door and the ground was 9 inches. As a result, I cannot work or drive now. Can I claim damages?
In these circumstances it is possible you may be able to claim damages from the building corporation.
If you require further legal assistance, you may benefit from contacting a lawyer through your local law society referral service.
In general, an employer cannot withhold wages an employee has in fact earned, regardless whether there are other disputes, liabilities, or issues with regards to the employee.
After meeting a person on a dating app, they put some money into my bank account without my permission. Now this person is threatening legal action, if I don't return the money
If you have received funds to which you are not entitled, and which were not given to you as a gift, you likely have a legal obligation to return the funds.
In order for this employee to work in Canada, they will require a work visa appropriate to their circumstances and the circumstances of the employment.
For the employer, they will need to register as an extraprovincial corporation in the provinces in which they will be operating. They will also have additional corporate and tax obligations with regards to the employee.
In general, a debt held by one individual will not be inherited by the next of kin.
With a court order, a sheriff can accompany an individual to retrieve their property from a former residence. You may wish to contact your local police station directly to inquire whether a police officer could accompany you without an order, though likely an officer would not be legally able to enter the private property.
In general, an employer can request medical information relevant to the working accommodation you may have request from the employer.
I've been out of work due to personal issues. I have gotten doctor's notes that states I'm unable to return to work. I just received a letter from the head of Human Resources stating that they want me to sign a release s… (Read more)
Generally, an employer cannot withhold funds which you have earned and to which you are legally entitled, regardless whether you sign policy documents requested by the employer.
My mother drafted a Will in Feb 2002 and signed it. She got permission from her proposed Estate Trustee in Sept 2002. Mom resigned her Will in the Witness Signature spot, dated it Sept 2002, and had the Estate Trustee'… (Read more)
In general, a court requires two witnesses signatures for a Will to be legally valid. A handwritten will with no witnesses may also be valid, this form of will is known as a "holograph will". A holograph will must be written by hand.
In this situation, it seems that the will may not be valid. In such circumstances, you may need to apply for an order from the court to distribute the estate.
I had my personal belongings stolen from work, from an area that was supposed to be secured. Later we found out that the lock was broken. Is my employer liable in this situation?
In general, an employer may be found liable for the actions of their employees; however, this is a circumstantial determination based on a number of factors.
Thankfully, individuals can claim SR&ED expenditures for their business activities.
Individual taxpayers need to file an income tax return, and include a completed Form T661.
The T661 form can be used to provide technical information and to calculate the qualified SR&ED expenditures used to receive the Investment Tax Credit.
To claim SR&ED expenditures, with your income tax return, file completed:
You can report the SR&ED expenditures and investment tax credit no later than 12 months after your business income tax return is due. For more information on the SR&ED reporting deadlines see the SR&ED Filing Requirements Policy.
In order for Canadian corporation to claim SR&ED expenditures for their business activities, they should file an income tax return and include a completed Form T661.
The T661 form can be used to provide technical information and to calculate the qualified SR&ED expenditures used for the Investment Tax Credit. (ITC)
To claim SR&ED expenditures and the investment tax credit, file both of these forms, completed, with your tax return:
When you file your claim with your tax return, the tax center will check it for completeness.
If your claim is processed without further review, the CRA assesses your income tax return.
If they need to do a further examination, they will send your return to a coordinating tax services office, where technical and financial reviewers will review your claim.
The business environment in which SR&ED work is carried out influences the type and sources of evidence that are available to support the SR&ED claim.
Here are some examples of supporting evidence:
According to the CRA, for all the expenses qualifying under SR&ED, you can get at least 15% - and as much as 35% - as an investment tax credit (ITC), and up to $3 million.
If you accrue any unused ITCs, you can carry them back 3 years or forward 20 years, and apply those credits against tax payable for other years.
You can claim expenditures incurred for the SR&ED work performed during the year. These may include expenditures for:
To qualify to receive the (SR&ED) tax incentive, the work, for the most part, must be conducted in Canada and must be either basic research, applied research or experimental development:
The Scientific Research and Experimental Development (SR&ED) Program is a federal program that uses tax incentives to encourage Canadian businesses of all sizes and in all sectors to conduct research and development (R&D) in Canada.
The program is administered by the Canada Revenue Agency (CRA).These tax incentives come in three forms:
According to the CRA, the SR&ED Program provides more than $3 billion in tax incentives to over 20,000 applicants annually, making it the single largest federal program that supports business R&D in Canada.
The answer here is that it depends on the reason why your previous application got refused.
If the reason for refusal was due to background, criminal, or medical check, you may have been found inadmissible to enter Canada, which would also apply to an Express Entry application.
If you were refused for a non-PR related reason, like not submitting the right documents or not providing proof you will leave at the end of your stay, it likely won’t affect an Express Entry application.
An easy way to figure this out is to look at the Express Entry requirements and the score calculator.
You’ll notice that the highest points are awarded to those 20–29 years old, with a graduate degree, good English-speaking ability and a good work experience.
Of course, you’ll have to show a clean criminal history and pass a medical exam as well.
To calculate your CRS score, check out our guide here.
If you have a valid work and travel permit (TRV or eTA), you can land and start working.
Keep in mind that Express Entry is not a Quebec program. Thus you’ll be required to prove that you intend to leave Quebec once your application for PR is approved.
If you have a valid work and travel permit (TRV or eTA), you can land and start working.
Keep in mind that Express Entry is not a Quebec program. Thus you’ll be required to prove that you intend to leave Quebec once your application for PR is approved.
Your chances will depend on your eligibility and your CRS score at the time of your application. Please review Express Entry requirements and the score calculator available on the IRCC website.
If you’re looking for guidance on how to immigrate to Canada, consider checking out the knowledge resources on our website to learn about the requirements and how to calculate your score.
National Occupational Classification (NOC) is the job title you’d use to apply for Express Entry, based off previous work experience in that job. In order to qualify, you will be required to show proof of relevant job experience that matches the NOC code.
Only certain NOC’s are eligible under the FSW program. Please double-check before applying - we created a guide to finding your NOC code here.
Federal Skilled Worker program requires at least a CLB 7 (this requires a 6 or higher in each of the 4 categories if taking IELTS), while Federal Skilled Trades requires CLB between 4 and 5.
If you need help improving your score, we prepared a quick guide here:
Ideally you’re between 20–29 years of age, have a graduate degree, multiple years of work experience (Canadian work experience is a bonus), and can score very well on an English or French exam.
The biggest piece of advice we give to our clients, before they even begin their immigration process, is to get familiar with the requirements of various immigration options available.
Making sure that the immigration program is right for an applicant will minimize the risk of wasting time and money.
Your chances to immigrate to Canada are heavily influenced by your age, education, work experience, language proficiency, and a handful of other factors.
Here is an example of a good situation to be in, while applying to immigrate to Canada:
Canada has a great points-based immigration program called “Express Entry”. You can create a profile, include your education, work experience, language skills, and other relevant information.
Once created, your profile enters into the pool, and gets assigned a specific number of CRS points.
Every 2 weeks, Immigration, Refugees and Citizenship Canada (IRCC) invites those that meet the required score to apply for Permanent Residency.
If you’re looking to immigrate, or find out how you can maximize your score, check out our blog.
My girlfriend is 21, and I don't know if some of the stuff her family puts her through is illegal. For example, her mother wouldn't let her cook food to eat. Sometimes they wouldn't feed her for several days. Her mother… (Read more)
The behaviour you are describing may constitute domestic abuse. If you suspect this to be the case, you may wish to contact your local police department.
For further legal support, you may wish to reach out to your local legal aid clinic or to your local law society referral service.
There is a restaurant near me that doesn't serve free tap water, refuses to fill water bottles, and doesn't allow a person to drink from their water bottle even if it were emptied, then filled in the washroom at the rest… (Read more)
The behaviour you are describing may be illegal under a municipal bylaw in the area of the restaurant. You may wish to contact the city councilor for the restaurant's jurisdiction to inquire regarding the bylaws in that area.
I currently have a shared custody arrangement, where we share the responsibility equally between us, while I retain the primary residence. I am wondering under what grounds can I apply to get this order amended?
Generally, custody decisions are determined based on the best interest of the child. If you feel the child's interests would be better supported by an amendment to a custody arrangement, you may wish to contact a lawyer through your local law society referral service or legal aid clinic.
I worked at a wedding event a month ago, and still haven't been paid. I had responded to a casting invitation on Facebook, where all the negotiations took place. Am I able to pursue legal action?
If you are owed funds for a completed contract (even if the contract was only confirmed through online/text messages) then you would likely have a legal right to the collection of the funds.
What are the repercussions to a child who have been caught possessing online child porn twice at the age of 16 and 18 years? The child was registered as a sex offender the first time, as a warning (which does not show up… (Read more)
Viewing, creating, or distributing child pornography is a criminal act. If you suspect an individual of engaging in this behaviour, please immediately call the police and report them.
If you have engaged in this behaviour yourself, you may benefit from contacting a lawyer or police yourself to determine your legal options.
My husband suffers from multiple addictions and bipolar depression and has been struggling for many years. Things continue to worsen and I have requested that he leaves the family home and we separate bearing, given the… (Read more)
In general, whether one spouse can insist on the other leaving will depend on the ownership of the property.
If the property is held jointly, then it may not be possible to insist on your spouse leaving.
If you require further legal assistance, you may benefit from contacting your local law society referral service or legal aid clinic.
I bought a Wordpress theme for $62 USD from a vendor, and wanted a refund because the theme does not support Shopify backend. The company refused, based on their guidelines. Is there a way to get a refund, or I should ju… (Read more)
While we cannot advise specifically on your matter, at this monetary amount, it may not be worthwhile to pursue legal action further. If you would like to have a lawyer review the terms of service to determine your legal options, you can find a lawyer through your local law society referral service or legal aid clinic.
My son is scared to death to go home as he is afraid of his dad's being abusive to him. I am not sure what to do. Please help
Please consider calling the police if you suspect domestic abuse. If you require the assistance of a lawyer, you can contact your local legal aid clinic and legal help will be provided to you.
My ex-husband and I have shared custody of our 2 daughters. Our 16 yr old is having issues with her dad and has confided in me that he bullies her and has now hit her across the ear. Our houses are on the same street, a… (Read more)
In general, custody decisions can only be made by a court, and are made based on what the court deems to be the best interest of the child.
In your situation, you may benefit from consulting with a family lawyer. I would recommend contacting a lawyer who is a member of the Self-Rep Navigators, as they have a strong roster of lawyers who would be able to help individuals in similar circumstances.
Boosting your IELTS score is one of the surefire ways to increase your CRS score for Express Entry application.
It’s definitely possible to book and attend a test, while being physically present in Canada, assuming you have the legal status to enter and remain in Canada, at the time of your exam.
Some may have noticed that IRCC approves immigration visa applications at a slower pace in the month of December.
From my experience submitting visa applications for clients, very few final decisions are made in the final month of the year - primarily due to employees taking vacation days during the Holiday season.
While this isn’t objective evidence, from my personal experience it has been a slower month.
Usually, IRCC conducts a draw and sends out ITAs every 2 weeks.
There have been occasions where they’ve done fewer than 2, or only done draws for specific programs, but usually every 2 weeks is the norm.
You can review the dates and CRS scores for each previous draw at the IRCC website.
Creating an Express Entry profile does not affect your existing permits. Keep in mind, that creating an Express Entry profile is not the same as submitting a final application for Permanent Residency.
Upon creating an Express Entry profile, you would enter into the pool and will have a chance to get invited to apply for Permanent Residency, if you meet eligibility criteria and present a high CRS score.
Please refrain from having multiple applications for the same type of permit at the same time, such as having multiple applications for Permanent Residency, study permit applications, et cetera.
What are the chances of getting an invitation to apply for a Permanent Residency of Canada, If a candidate’s age is 27, and he has a postgraduate MA, 5 years of work experience, and an average IELTS score of 7.0?
You have a strong Express Entry profile, however might be a few points short of getting an ITA, considering CRS scores required during the most recent draws.
First you will want to calculate your exact CRS score then compare it to the previous draws.
One of the ways you can improve your score - and your chances of getting an ITA - is by getting a minimum of 8 in the Listening module on your IELTS test.
Even if your Writing, Speaking, and Reading modules remain at 7, getting an 8 on Listening would give you an overall CLB 9, providing a boost to your CRS score.
We talk more about it in our blog post on how to raise your score.
There are several steps you would need to take in order to proceed:
If you’d like to learn more, you can check out our blog on the first three steps you need to take in order to immigrate to Canada from overseas.
Express Entry program is currently one of the best ways to obtain a Permanent Residency (PR) status in Canada.
You would have to create an Express Entry profile, and once you qualify - you would get an invitation to apply (often called an ITA).
PR Status allows you to live in any city in Canada, work for any company, take any educational or professional training courses, start your own business legally, and much more!
PR holders also get access to Canadian healthcare and other benefits provided by the Government of Canada.
Finally, it’s worth mentioning that Canada is one of the safest, and most welcoming countries in the world.
As a practicing immigration attorney, my perspective is that you don’t need a lawyer in order to submit your Permanent Residency application, nor is it required by the Government of Canada, although it can help.
If you have a more complicated case or are in a situation where you feel your application is at risk of being denied, it is probably worth at least consulting with a lawyer, but IRCC has made it possible for individuals to navigate the entire process without one.
Depending on your financial situation, I would recommend having an immigration lawyer to at least review your final application package.
Our platform also has some free resources that might help you with your entire Express Entry process.
You don’t need to be physically present in Canada in order to search and apply for jobs in the Job Bank. Some candidates even leverage Job Bank prior to submitting their first immigration application.
It may be an effective tool to find employers with open positions that match your profile, so you would have to try and see if it works out to be a helpful tool for you.
Choosing to hire an external representative to help you submit your immigration application depends on the context of your situation.
Candidates can certainly gather their own documents and submit the Application Package on their own behalf, but using a reliable lawyer or a consultant could save you a lot of time and may give you a better chance of success.
You may also choose to get legal help in case your situation is complex, or if you believe your application is at risk of being denied.
Our team started a platform where you can get guidance through the whole Express Entry process for free - so you can maximize your chances of doing the application yourself.
PNPs are challenging to navigate, due to each Province’s unique requirements. Your chances of getting a Provincial Nomination depend on how aligned are your background, education, work experience, and other personal considerations with each program you’re applying for.
As an example, tech workers will have different opportunities, compared to regular workers, to immigrate into some provinces under the PNP nomination. You’ll also find that most programs require a connection to Canada or the specific province - such as a job offer, a Canadian degree, or a relative living there. It might be challenging to qualify without meeting one of those parameters.
You could review each province's website to determine which programs might constitute the best fit.
If you happened to be in tech, we’re doing live classes on the specific PNPs that would cater to tech workers who do not currently have a job offer, but would still want to apply and receive a nomination. You can find out more on our website.
It’s tough to predict the trend in minimum CRS score that qualifies for an Invitation to Apply.
Minimum CRS score is determined by the Immigration, Refugees and Citizenship Canada (IRCC), based on how many applicants the Canadian Economy requires each year.
If you’re currently looking to apply for a Permanent Residency, you can boost your chances of being invited, by:
We have a recent blog post providing more details.
With a low score of 424 points, you are facing some challenges in getting an ITA.
Being nominated through Provincial Nomination Program (PNP), such as OINP, would be your best option. However getting it is never guaranteed.
In order to be eligible for the nomination, you're required to meet NOC requirements for a particular occupation. This is very important, as it's unlikely you'll get an invitation, unless you do.
You can also try to increase your CRS score, by:
We did a deeper dive on the ways to increase your score in a recent blog post here.
I’m on the visitor’s visa, residing in Toronto, Canada, accompanying my husband who is on the Work Permit. I would like to work as well. Do I qualify for either a Work Permit or a Permanent Residency at this time?
Assuming your spouse has a closed work permit, you would be eligible for an open work permit yourself, or even a study permit. You can both apply for PR together once one of you is eligible.
If you could provide a reason why you chose to come to Canada on a visitor’s visa instead, we could try to give you a more detailed response, covering your options.
You can definitely create your profile, as it is free to do so and you can do it in under 30 minutes on the CIC website.
You would need to provide proof of English (or French) language proficiency and a proof of your level of education (Canadian or foreign).
However, with a score of 448 your chances are not very good unless you have 1 year of Canadian work experience.
You can also improve your CRS score by:
We wrote a guide on how to raise your score that further explores each of those options. Best of luck!
An Express Entry applicant can certainly receive a Provincial Nomination while submitting an application from outside Canada, but it is far more difficult.
In order to do so, you have to determine which PNPs you may be eligible for, given your background, education, work experience, desired destination in Canada, and other considerations, including whether you’re applying from within or outside of Canada.
The biggest challenge you’ll face from outside Canada is that most programs require some sort of connection to Canada - a job offer, a degree, a relative, etc.
As an example, you can check out this video, explaining the process of immigrating through the Saskatchewan PNP. This program in particular does not require you to be in Canada (although having a connection there certainly helps with your application).
Yes, it is possible, however you’ll have to prove that:
In terms of getting a Permanent Residency, it might prove more challenging if you don’t have a proper education. If you’re planning on eventually immigrating to Canada, consider applying for a Study Permit instead.
Citizenship and Immigration Canada (CIC) is accepting inquiries, and will be able to share that information with you.
You can reach out to them online, to get information about your application, using the IRCC Contact Form.
Citizenship and Immigration Canada (CIC) is accepting inquiries, and will be able to share that information with you.
You can reach out to them online, to get information about your application, using the IRCC Contact Form.
At 457, unless you’re eligible through the Canadian Experience Class (CEC), your chances aren’t great. In order to maximize your chances, consider improving your score, or take a look at various Provincial Nomination Programs available to you.
Some of the ways you can increase your CRS points:
Please check out this post on 4 ways to boost your CRS Score
A Labour Market Impact Assessment (LMIA) is a document that allows a company to invite a suitable applicant to apply for a work permit, via sponsorship.
Typically, a company must show proof of recruitment efforts for at least 30 days. If a company can’t find a suitable candidate within Canada, they would submit an application to the government to get an approval to sponsor an immigrant.
Once the LMIA is approved, the company would provide a document to a candidate, who can use it to submit an application for a work permit.
A word of caution: be very, very careful of people or companies offering LMIA’s, especially for a fee. Not only is it illegal, it will hurt both the employer and the applicant, if discovered.
The Government of Canada requires you to show proof of funds when immigrating to Canada, in order to ensure you have sufficient budget to support yourself and your family.
The amount of funds depends on the program you’re applying for and the amount of family members you bring with you. You can check out our blog for Express Entry (PR) here, and for the Study Permit here, to get a sense of various costs you could be expecting during the immigration process.
The main reason why some people with the Work Permit don’t get an invitation to apply (ITA), is because their Express Entry score is not high enough, or because they are not eligible to qualify under the program due to their circumstances.
After working at the company for 16 years, the employee received a letter of termination. It was clearly written for the purpose of another employee, which had blacked out sections, and poorly underlined sections regardi… (Read more)
According to the labor law, an employer reserves the right to let an employee go at any time, for any reason.
However, an employer has to do so with either:
It seems like in this situation, an employer may have not provided adequate termination pay and may be withholding funds. Other than legal aid, your most likely recourse would be with the help of a lawyer.
Our logging company has missed 2 payments on a couple of leased trailers. Can the owner confiscate them from our property? If we send them money, even if it's not the whole amount of arrears and they cash the cheque, wha… (Read more)
The sale of goods is a private transaction.
In case where a debt for goods goes unpaid, the seller may be able to get a court order for a sheriff to retrieve the items from the buyer.
Making a partial payment may cause a court to opt for a different recourse, before granting an order for retrieval, however it depends on the context of the situation.
I bought a car from a private seller. Now this person wants to tow it back to their house. Can they do it, especially considering that the car posting was misleading and didn't mention that the car in question required e… (Read more)
The sale of a vehicle is a private transaction, which does not involve the RCMP. However, if a debt for a vehicle goes unpaid, the seller may be able to get a court order for a sheriff to retrieve the vehicle from the buyer.
I found out recently that an acquaintance of mine had installed a hidden spy app on my phone and so listened to my calls, tracked my location, read WhatsApp messages and browser history, and also turned on my phone micro… (Read more)
In Quebec, individuals may make a legal claim in civil court against another individual for invasion of privacy. The right to privacy is protected by Quebec Civil Code.
If someone texts me "If I see you around, I will have you taken care of", will it be considered a threat?
Whether any message constitutes a threat is probably a matter of circumstance and situation. Depending on the context, it is possible that statement could be seen as a threat.
If you feel you are being threatened, please call the police immediately.
I’ve been depressed, angry, and dealing with grief in the past few months. The anger I had against my husband I displaced on his daughter. I posted some Facebook comments about her using a fake identity. Remorse set in a… (Read more)
Any individual can submit a complaint to police at any time, regardless what promises may have been made between parties. This, however, does not mean that police will automatically press charges or proceed with a criminal matter, although they might investigate the matter further.
If you are concerned about potential criminal liability, you may benefit from contacting your local Legal Aid clinic, or a Law Society referral service to speak with a lawyer in more detail about your matter.
I am attempting to buy a piece of medical equipment (Binocular indirect ophthalmoscope - used by eye doctors to look into the back of the eye) online from eBay, from a seller in India. I have come to suspect that there m… (Read more)
There are several restrictions around the import and use of regulated medical equipment. You may be able to find relevant information here:
You may also benefit from contacting a lawyer to research the specific requirements and obligations regarding the piece of equipment you wish to purchase.
My cousin just passed away and her death has been deemed a suicide, however I don't believe she would do it to herself, as she has two young children. I know that her life with a boyfriend was very abusive both physicall… (Read more)
I'm sorry for your loss.
In order to gain access to personal records, you must complete a Freedom of Information request in the province in which the information is kept.
You may also wish to contact your local Legal Aid clinic, or a Law Society referral service for additional help in this matter.
My ex-husband worked for a car manufacturer company all his working life. He passed away recently, and I was told I would be able to apply for pension monies for the years we were married, no matter what the divorce docu… (Read more)
The best course of action would be to reach out to your late ex-husband's employer - General Motors - to determine if you might have a claim on a portion of the pension, corresponding to the years you were in marriage.
Legally speaking, pensions are divided during divorce proceedings, but it is possible for a beneficiary to exist, who isn't a spouse.
Finally, it could be in your best interest to have a lawyer representing you in dealings with GM.
I'd like legal advice with an issue I'm experiencing at a school in Ontario. I have a health issue that I dealt with since a young age but I worked very hard to manage and it stabilized. I'm recommended by the doctor to… (Read more)
In general, students often have the right to accommodations under their university’s student wellness policy. If you consult your school’s policy, it’s possible you will find specific information regarding the availability of the accommodation you are requesting.
If your school is not providing adequate accommodation in accordance with their policy, it may be helpful to have a lawyer correspond with the school administration on your behalf, especially if there are concerns of a racial component (which could lead to a Human Rights claim, depending on the circumstances).
Please let me know if this would be of interest to you. Otherwise, your school’s policy documents will likely be the best resource to start with.
I've paid $2,650 USD to a Canadian manpower company. Since then, they have disappeared with my money, and I have no way to get it back. Please help me find a way to pursue a Canadian company, while residing in India
The recommended course of action here would be to proceed through a demand for reimbursement, followed by a court action, if necessary.
Since you do not live in Canada, you will likely need to retain the services of an Alberta-based lawyer to pursue and file a claim. This can be done through the Alberta Lawyer Referral Service.
It may be valuable to ask specifically for a lawyer who handles immigration and/or fraud claims.
Back in 2013, I had a penalty due to a traffic violation, while temporarily residing in Italy. Since then, we changed residence two times, and were never made aware of any traffic violation incident. Since then, penalty… (Read more)
It might be possible to resolve your situation, with the following steps:
First, it's definitely recommended to pay the fine as originally charged
Next, you will likely require to deal with the the Italian authority, collections company, and the credit bureau, that was involved in your case.
The outcome will, of course, depend on your unique circumstances.
If you would like to consult a tax lawyer, I can suggest utilizing the British Columbia lawyer referral service.
Hope this helps!
Conceptually, it would be plausible for assets to be frozen during litigation.
However, the likelihood would depend on unique circumstances of your case.
If you are looking for Family Law related services to help you through the divorce process, I can recommend the following:
Hope this helps with your question.
Quitclaim deeds drawn up in United States would be recognized for the purpose of transferring Quebec-based property.
However, it is generally recommended to complete a real estate transaction with the documentation drawn up in the jurisdiction in which the real estate is physically located.
Thus, for a property located in Quebec, it is advised to have the documents and the transfer both completed in Quebec.
I'm looking to create a shareholder agreement with my business partner and a letter stating our responsibilities and expectations as business partners. I have 80% shares, she has 20% shares. I put in all the money for th… (Read more)
Happy to help with the drafting of the agreement, and I always include a complimentary consultation for all clients. You can contact me at email@example.com.
I am going into the Separation Agreement and probably a divorce with my husband. We jointly own a house and a mortgage in Ontario. He's been living in Colombia for 10 years, and I've been living in Canada. I have no id… (Read more)
In my example, CPA Ontario, a self-regulated body with an educational program recently re-assessed my work experience, after it was previously approved two years ago. The organization said it reserves the right to re-ass… (Read more)
I am apart of an eSports organization called "5 Below". There is also an American store called "Five Below". We were wondering if this would be an issue in regards to the copyright?
I have co-authored a book and used a pseudo name for the book. I realized that my real information should have been given so I went online to make the changes. Instead and without knowing it, I created a second copyright… (Read more)
My wife and I have been married for 45+ years, we are both retired and my wife insists that I have to give her half of my pension each month. I tell her that we are married and therefore I do not have to give her half my… (Read more)
If I am the director of an incorporated company that owns a building and the company is also the landlord can any legal cases be brought against me personally from the landlord and tenant board and also normal courts? If… (Read more)
Because of draw against the commission, I owe $4,000 to the company I work for. My working condition is horrible, and I don't see it improving. My boss told me that my job is on the line. If I get a new job and leave, wi… (Read more)
I rent a condo. When I moved in, my landlord did not inform me that I would also be dealing with a "Board of Directors". The building I am in allows pets, or they did until 2013. We acquired a cat before 2013, however we… (Read more)
My wife and I have been the members at a private golf course in Ontario for 9 years. Earlier this summer I had an altercation with another member in the Club House after a game of golf. I was suspended for a week and lat… (Read more)
My parents have both passed away, my father just five months ago. His Will specifies that their house be sold and the money be divided evenly between the 5 children. One of the siblings wants to purchase the house. Is th… (Read more)
Before visiting a lawyer, I would like to know if it's possible for me to get my 15-year-old son's custody back. At this moment, Child and Family Services Alberta is my son's legal guardian because he has anger issues an… (Read more)
I have a settlement conference with my ex-wife and am unable to afford a lawyer financially as I am currently between jobs. At this time I am starting the bankruptcy process and am not eligible for legal aid. The lawyer… (Read more)
St. Andrews council believes they cannot pass a bylaw without the approval of the Provincial Government in Fredericton. Is that true?
I took a ride back with LYFT over the weekend and the vehicle got damaged by me unintentionally. The damage caused was not my fault at all. How it happened was, when I was getting off, I took off my seatbelt and shut the door. As soon as I shut it, I noticed that the seatbelt was in the way. The seatbelt did not slide back up to its place like it should. It is not my fault that his seatbelt doesn’t slide back up itself and I was not given a heads up about it. It is also not my responsibility to poke my head back into the car to check if the seatbelt is back in its place. It is also a safety hazard if the seatbelt is loose in a vehicle. I am a university student and I would like to get my money back somehow. How can I proceed?
In my previous relationship, I co-signed my name on a car loan. I am no longer in that relationship, but when I asked my ex-partner to have me removed, they refused. I found out that the other person doesn’t have a job anymore, and I do not want to make payments on the car I don't own, or have my credit history ruined. How can I get out of this obligation?
I am coming to Manitoba, Canada for short term studies at a university, using a visitor's visa. Later, I'd like to apply for, and stay as, either a student or a worker, while I'm still on a visitor visa, residing in Canada. Would it be possible to apply for a different visa, without leaving the country?
I received an IP complaint request from a company in India this morning. The company is stating that our name is too similar to theirs, and that both businesses operate in the same industry, while their entity existed since 1995. The letter accuses us of registering the domain in bad faith, trying to steal their business. I believe this is a very weak argument, and a valid counter-argument can be made against them, however, I'm not sure how to approach this issue. What are some of the options available to me?
My brother is involved with a woman who is a refugee from Romania, in Canada for another 2 years, she is telling him she will take care of him for the rest of his life, she's also married now and seeking a divorce. The refugee is 23, my brother is 68 and not in good health. I believe she is scamming him to become a Canadian Citizen. What can I do to prevent that from happening?
I hired an old friend to do some branding and design work for me, but the work was never delivered. He had continued to promise that he will deliver the work but never did to this day. I initiated a PayPal dispute case in order to request a refund. I soon found out that he was going through some personal loss and grieving so I closed the case and advised him I have done so. In response, he is now threatening to sue for defamation. I'm curious if his legal action would have any legitimate grounds and would be enforcible in this case?
I am a Canadian that has been living outside of Canada since 2012. I am currently based in Spain where I am working and pay taxes. I am hoping to become self-employed and was really looking to get some legal advice on whether I can be self-employed in Canada while living in Spain. And at the same time, could I be working part-time here in Spain too?
My wife and her family are considering helping my sister-in-law to leave her spouse with her children, due to some concerns about their safety. The intention is for them to leave Quebec and move in with us in Ontario. What are some of the legal considerations pertaining to leaving her spouse, and moving to a different province with her children?
I am inquiring about registering a lien on a piece of equipment I had loaned money to someone to purchase. I read the phrase below on the Alberta services website and would like an interpretation before proceeding. "You must ensure there are sufficient grounds for registration and that the registration is made in good faith. A failure to comply with this obligation could lead to a claim by any person suffering damages as a result of the registration."
I got into an accident and got a ticket from a police officer with an act no 148(5). I just want to know how it would affect my driver's license and my auto insurance. Can you please advise me on how to find out?
What are the laws about having to pay legal fees for the other party in a divorce case? I was told that the winner of a case can force their fees to be paid by the other party? I question how it's determined who won.
Founder & Lawyer, SM Legal
IP and Technology Lawyer, Alfred Law
CEO and Co-Founder, Visto.ai
UNB Law | Grassroots Community Builder,
Founder, Litigation Help
Carter G. Perks
Corporate & Employment Lawyer, Perks Law Group
What are the laws about having to pay legal fees for the other party in a divorce case? I was told that the winner of a case can force their fees to be paid by the other party? I question how it's determined who won.
Can I work if my work visa expired and I received PR invitation and applied? I have also applied for bridge work permit but still did not receive it. What documents can I provide to HR department to prove my eligibility?