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#self-representation
Asked: 3 days ago


Heather Hui-Litwin

Founder, Litigation Help


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. 



Answered: 3 hours ago
#self-representation
Asked: 3 days ago


Heather Hui-Litwin

Founder, Litigation Help


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 unbundled service lawyers, visit Self-Rep Navigators, www.limitedscoperetainers.ca. For family litigation, see Family Law Limited Scope Services  https://www.familylawlss.ca/

For legal education videos, visit www.youtube.com/c/litigationhelp


Answered: 3 hours ago
#self-representation
Asked: 3 days ago


Heather Hui-Litwin

Founder, Litigation Help


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/



Answered: 3 hours ago
#real-estate-law
Asked: 5 days ago

Can a Real Estate company be liable for physical damage incurred on-premises?

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?


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 5 days ago
#employment-law
Asked: 5 days ago


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 5 days ago
#criminal-law
Asked: 5 days ago

If somebody deposited funds in my bank account without my permission, am I legally obligated to return it?

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


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 5 days ago
#immigration-law
Asked: 5 days ago


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 5 days ago
#bankruptcy-and-insolvency
Asked: 5 days ago


Samuel Michaels

Founder & Lawyer, SM Legal


In general, a debt held by one individual will not be inherited by the next of kin.


Answered: 5 days ago
#real-estate-law
Asked: 5 days ago


Samuel Michaels

Founder & Lawyer, SM Legal


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. 


Answered: 5 days ago
#health-law
Asked: 6 days ago


Samuel Michaels

Founder & Lawyer, SM Legal


In general, an employer can request medical information relevant to the working accommodation you may have request from the employer.


Answered: 5 days ago
#employment-law
Asked: 6 days ago

Can an employer withhold pay if an employee refuses to sign a release form pertaining to personal medical records?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 5 days ago
#wills-and-trusts
Asked: 6 days ago

Can a signed Will with only one witness be valid?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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. 


Answered: 5 days ago
#employment-law
Asked: 6 days ago

Is employer liable for personal belongings being stolen from the workplace?

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?


Samuel Michaels

Founder & Lawyer, SM Legal


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. 


Answered: 5 days ago
#tax-law
Asked: 6 days ago


Dominic Alfred

IP and Technology Lawyer, Alfred Law


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.


Answered: 6 days ago
#tax-law
Asked: 6 days ago


Dominic Alfred

IP and Technology Lawyer, Alfred Law


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:




Answered: 6 days ago
#tax-law
Asked: 6 days ago


Dominic Alfred

IP and Technology Lawyer, Alfred Law


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.


Answered: 6 days ago
#tax-law
Asked: 6 days ago


Dominic Alfred

IP and Technology Lawyer, Alfred Law


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:


  • project planning documents
  • documents on design of experiments
  • experimentation plan
  • design documents and technical drawings
  • project records, laboratory notebooks
  • design, system architecture and source code (software development)
  • records of trial runs
  • project progress reports
  • minutes of project meetings
  • test protocols, data, results, analysis and conclusions
  • final project report or professional publication
  • photographs, videos
  • prototypes, samples
  • scrap, scrap records
  • contracts, lease agreements
  • records of resources allocated to the project, time sheets, activity records, payroll records
  • purchase invoices and proof of payment
  • accounting records


Answered: 6 days ago
#tax-law
Asked: 6 days ago


Dominic Alfred

IP and Technology Lawyer, Alfred Law


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.


Answered: 6 days ago
#tax-law
Asked: 6 days ago


Dominic Alfred

IP and Technology Lawyer, Alfred Law


You can claim expenditures incurred for the SR&ED work performed during the year. These may include expenditures for:


  • salary and wages
  • materials
  • SR&ED contracts
  • overhead
  • third-party payment


Answered: 6 days ago
#tax-law
Asked: 6 days ago


Dominic Alfred

IP and Technology Lawyer, Alfred Law


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:


  • Basic research: This is work carried out to advance scientific knowledge without a practical application in view. It is usually done in universities or research institutes.
  • Applied research: This is also work carried out to advance scientific knowledge but, unlike basic research, it is done with a specific practical application in view.
  • Experimental development: This work is carried out to achieve technological advancement.


Answered: 6 days ago
#intellectual-property-law
Asked: 6 days ago


Dominic Alfred

IP and Technology Lawyer, Alfred Law


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:


  • income tax deduction
  • investment tax credit (ITC), and
  • in certain circumstances, a refund.


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.


Answered: 6 days ago
#immigration-law
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 6 days ago
#immigration-law
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 6 days ago
#immigration-law#quebec
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 6 days ago
#immigration-law#quebec
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 6 days ago
#immigration-law
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 6 days ago
#immigration-law
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 6 days ago
#immigration-law
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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:

How to get a good score on the IELTS exam | Visto


Answered: 6 days ago
#immigration-law
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 6 days ago
#immigration-law
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 6 days ago
#immigration-law
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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:



  • be between 20–29 years old
  • hold an undergraduate, and ideally graduate degree
  • have multiple years of paid work experience in a skilled position
  • be able to score very well on an english or french exam



Answered: 6 days ago
#immigration-law
Asked: 7 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 6 days ago
#family-law
Asked: 12 days ago

How can I report domestic abuse that my girlfriend's family puts her through?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 11 days ago
#municipal-law
Asked: 12 days ago

Is it illegal to refuse tap water in the restaurant?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 11 days ago
#family-law
Asked: 12 days ago

How can I legally amend the shared custody arrangement?

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?


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 11 days ago
#employment-law
Asked: 12 days ago

Can I pursue legal action against the company that refuses to pay for my work?

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?


Samuel Michaels

Founder & Lawyer, SM Legal


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. 


Answered: 11 days ago
#criminal-law
Asked: 12 days ago

What are the repercussions of possessing child pornography?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 11 days ago
#family-law
Asked: 12 days ago

What could be done if one spouse insists on separation, and another half refuses to leave?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 11 days ago
Asked: 12 days ago

Is it worth involving a lawyer with a refund dispute regarding software a purchase?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 11 days ago
#family-law
Asked: 12 days ago

What can I do if our son is afraid of coming home because of the abusive dad?

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


Samuel Michaels

Founder & Lawyer, SM Legal


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. 


Answered: 11 days ago
#family-law
Asked: 12 days ago

What are my rights in shared custody, if the other parent is kicking the child out?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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. 


Answered: 11 days ago
#immigration-law
Asked: 12 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 11 days ago
#immigration-law
Asked: 12 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 12 days ago
#immigration-law
Asked: 12 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 12 days ago
#immigration-law
Asked: 12 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 12 days ago
#immigration-law
Asked: 12 days ago

What are my chances of getting an ITA to apply for PR in Canada?

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?


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 12 days ago
#immigration-law
Asked: 12 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


There are several steps you would need to take in order to proceed:


  1. Get your foreign education assessed and converted into a Canadian equivalent. If you completed your education abroad, the first step is to have it assessed with an Educational Credential Assessment (ECA).
  2. Take an English or French language exam. Next, you would need to determine your proficiency in French or English language, by taking one of the designated language assessment tests.
  3. Calculate your CRS score after creating an Express Entry profile. Finally, you will need to determine your eligibility for the Express Entry program by creating an Express Entry profile, and confirming you have a high enough Comprehensive Ranking System (CRS) score.


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.


Answered: 12 days ago
#immigration-law
Asked: 12 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 12 days ago
#immigration-law
Asked: 12 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 12 days ago
#immigration-law
Asked: 12 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 12 days ago
#immigration-law
Asked: 12 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 12 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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:


  • Improving your IELTS score
  • Getting a Graduate Degree
  • Finding a Job in Canada
  • Considering Provincial Nomination Programs (PNP)


We have a recent blog post providing more details. 


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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:

  • Getting better results on your language test (such as IELTS)
  • Improving your level of education
  • Gaining some additional work experience

 

We did a deeper dive on the ways to increase your score in a recent blog post here.


Answered: 21 days ago
#immigration-law
Asked: 21 days ago

Am I eligible to apply for either a Work Permit or a Permanent Residency card, when accommodating my husband who is on the Work Permit?

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?


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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:


  • Getting better results on your language test (such as IELTS)
  • Improving your level of education (by getting a Graduate Degree)
  • Gaining some additional work experience

 

We wrote a guide on how to raise your score that further explores each of those options. Best of luck!


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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).


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


Yes, it is possible, however you’ll have to prove that:


  1. You have a valid job offer from a Canadian company (that typically requires an LMIA), and;
  2. And you’re capable of performing the job being offered.


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.


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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:


  • Improve your language exam score
  • Get a Graduate Degree (ideally in Canada)
  • Find a Job in Canada


Please check out this post on 4 ways to boost your CRS Score


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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.


Answered: 21 days ago
#immigration-law
Asked: 21 days ago


Josh Schachnow

CEO and Co-Founder, Visto.ai


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. 


Answered: 21 days ago
#employment-law
Asked: 22 days ago

Can a person sue the company for letting him/her go without adequate termination notice and without severance payment?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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:

  • adequate notice, or
  • pay in lieu of notice


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.


Answered: 21 days ago
Asked: 22 days ago

Can the equipment be confiscated without the court order due to missed lease payments?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 21 days ago
Asked: 22 days ago

Can a private seller of a car request for it to be towed back, due to one missed payment installment?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 21 days ago
#criminal-law
Asked: 22 days ago

An acquaintance violated my privacy by spying on me. Is this activity deemed illegal in Quebec?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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. 


Answered: 21 days ago
#criminal-law
Asked: 22 days ago

Can a threatening text message be recognized as such, by the law?

If someone texts me "If I see you around, I will have you taken care of", will it be considered a threat?


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 21 days ago
#criminal-law
Asked: 22 days ago

Can comments made on Facebook result in criminal liability?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 21 days ago
#health-law
Asked: 22 days ago

Are there any legal restrictions pertaining to importing specialty medical equipment?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


There are several restrictions around the import and use of regulated medical equipment. You may be able to find relevant information here:


https://www.canada.ca/en/health-canada/services/drugs-health-products/medical-devices.html


You may also benefit from contacting a lawyer to research the specific requirements and obligations regarding the piece of equipment you wish to purchase. 


Answered: 21 days ago
#criminal-law#british-columbia
Asked: 22 days ago

How can I get access to police records, related to suicide?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


https://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/open-government/open-information/freedom-of-information/submit-a-personal-foi-request


You may also wish to contact your local Legal Aid clinic, or a Law Society referral service for additional help in this matter.


  • Law Society referral service in British Columbia: https://www.lawsociety.bc.ca/working-with-lawyers/finding-a-lawyer/
  • Legal Aid Program in British Columbia: https://lss.bc.ca/


Answered: 21 days ago
#corporate-law#ontario
Asked: 22 days ago

Can I apply for the pension monies of my late ex-husband, for the years we were married?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 21 days ago
#education-law#ontario
Asked: 22 days ago

What can I do if my medical accommodation request was denied by the school?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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. 


Answered: 21 days ago
#international-law#alberta
Asked: 22 days ago

How can I legally pursue a Canadian company that has disappeared with my money?

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


Samuel Michaels

Founder & Lawyer, SM Legal


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.


Answered: 21 days ago
#bankruptcy-and-insolvency#british-columbia
Asked: 22 days ago

Can the collections' record be removed from my credit history?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


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!


Answered: 21 days ago
#family-law#british-columbia
Asked: 22 days ago


Samuel Michaels

Founder & Lawyer, SM Legal


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:


  1. Family Law in British Columbia - http://www.familylaw.lss.bc.ca/
  2. Access Pro Bono - http://accessprobono.ca/
  3. People's Law School - http://www.publiclegaled.bc.ca/pls_ask/


Hope this helps with your question.


Answered: 21 days ago
#real-estate-law#quebec
Asked: 22 days ago


Samuel Michaels

Founder & Lawyer, SM Legal


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.  


Answered: 21 days ago
#startup-law#ontario
Asked: a month ago

Where can I find an affordable resource to help me draft a shareholder agreement?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


Happy to help with the drafting of the agreement, and I always include a complimentary consultation for all clients. You can contact me at sam@smlegal.ca.


Edited: 22 days ago
#family-law#ontario
Asked: a month ago

Where should the process of separation take place?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


If your property is located in Ontario, it will likely be appropriate for it to be dealt with under Ontario jurisdiction. I would recommend reaching out to the provincially available services which help with separation and divorce matters. Some of the services I can recommend are: 1) Family Law Service Center http://www.legalaid.on.ca/en/contact/contact.asp?type=flsc 2) Family Law Information Center (in-person service only available at courthouses) https://www.attorneygeneral.jus.gov.on.ca/english/family/infoctr.php 3) Family Law Education for Women http://www.onefamilylaw.ca/en/legalhelp/ Best of luck!


Answered: 25 days ago
#education-law#ontario
Asked: a month ago

Does a disclaimer either 'void' or 'trump' "due care?"

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)


Samuel Michaels

Founder & Lawyer, SM Legal


Since CPA (Chartered Professional Accountant) Ontario is a self-regulated entity, it may be in your interest to obtain a copy of their regulations, which should detail the review and reassessment practices. The regulations in all likelihood will also contain complaint and dispute resolution procedures. Unfortunately, since you are dealing with a self-regulated entity, you will likely have to operate within the established policies. In general, a disclaimer does not fully void a duty of care, but without seeing the specific regulatory structure for the CPA, it is impossible to know for certain what effects the disclaimer has. It may be valuable for you to document all relevant events (including names, dates, and descriptions where possible) and then reach out to the CPA to inquire about a dispute resolution process. Beyond that, you may want to contact the Ministry of Labour (http://www.labour.gov.on.ca/english/feedback/index.php), though their relationships with self-regulated entities (CPA, LSUC, etc.) varies.


Answered: 25 days ago
#intellectual-property-law
Asked: a month ago

Can naming our eSports organization similar to a retail store result in copyright issues?

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?


Samuel Michaels

Founder & Lawyer, SM Legal


In order to avoid issues between yourselves and a similarly branded store, the most straightforward solution would likely be to trademark your organization's name in Canada and also the United States, if you plan to operate there.


Answered: 25 days ago
#criminal-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


Yes. Mail theft is a crime under Canadian law. As with any criminal situation, individuals who believe they are the victim of a crime should contact the police. Individuals are able to initiate the process to determine whether criminal charges should be laid, though the final decision on whether to charge someone rests with the government authority, typically a Justice of the Peace. A possibly relevant section of the Criminal Code is s.356. Theft from mail 356 (1) Everyone commits an offence who (a) steals (i) anything sent by post, after it is deposited at a post office and before it is delivered, or after it is delivered but before it is in the possession of the addressee or of a person who may reasonably be considered to be authorized by the addressee to receive mail, (ii) a bag, sack or other container or covering in which mail is conveyed, whether or not it contains mail, or (iii) a key suited to a lock adopted for use by the Canada Post Corporation; (a.1) with intent to commit an offence under paragraph (a), makes, possesses or uses a copy of a key suited to a lock adopted for use by the Canada Post Corporation, or a key suited to obtaining access to a receptacle or device provided for the receipt of mail; (b) has in their possession anything that they know has been used to commit an offence under paragraph (a) or (a.1) or anything in respect of which they know that such an offence has been committed; or (c) fraudulently redirects, or causes to be redirected, anything sent by post. Hope you find this information helpful.


Answered: 25 days ago
#intellectual-property-law#british-columbia
Asked: a month ago

How can I change the copyright owner of my book, without filing a court order?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


Thank you for your question. I can recommend the following local resources for your situation: 1) Intellectual Property Services http://dir.gov.bc.ca/gtds.cgi?show=Branch&organizationCode=MTIC&organizationalUnitCode=LBS-IP 2) Click Law http://www.clicklaw.bc.ca/solveproblems/search?so=r&f=1097 Unfortunately, I don't know of any British Columbia clinics offering Intellectual Property law-related services. However, in Ontario, Osgoode Law School has an IP Clinic that provides legal advice in some situations. I am not sure if they provide services nationally. Their website is: http://www.iposgoode.ca/ccr-ip-osgoode-innovation-clinic/ I hope this information proves helpful.


Answered: 25 days ago
#family-law#ontario
Asked: a month ago

Should I give my wife half of my pension, if we are both retired?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


I can give you some general information about pensions and marriage in Canada. Generally, the pension plan will have stated terms including who is the "beneficiary" of the pension. If you are concerned about a private pension, I would recommend contacting your pension provider. If you are looking into your Canada Pension Plan, I would recommend contacting http://www.esdc.gc.ca/en/service_canada/contact/general.page#cpp. Regarding pension splitting, the Family Law Act s.10.1 has rules about dividing a pension when a couple divorces. I am not sure if rules exist for pension splitting during a marriage. You can read section 10.1 of the FLA here: https://www.ontario.ca/laws/statute/90f03#BK12. I hope this information proves helpful. Best of luck with your situation.


Answered: 25 days ago
#corporate-law#ontario
Asked: a month ago

How can I separate my personal assets from my real estate company where I'm a director, in case of any legal liability?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


To answer your question, in general there is no way to completely avoid liability in the Canadian legal system. Firstly, criminal liability is always a possibility if someone commits a criminal act. Secondly, negligence on the part of a corporation can be traced back to officers and directors through what is called "director's liability". In terms of setups that lessen the risk of liability, incorporation is certainly helpful. It is possible for you to structure your corporation to minimize your involvement; however, if a shareholder retains control that will increase their risk of liability overall. In general, I would recommend for you to act lawfully regardless of whether it is as an individual or through your corporation. Though incorporating offers significant protection, it will never be a "sure thing" in terms of liability, there will always be some, even minimal, risk. I suggest you take a look at the following Canada Legal Help blog: http://canadalegalhelp.com/limited-liability-demystified/ I hope this will help answer your questions!


Answered: 25 days ago
#employment-law#quebec
Asked: a month ago

Do I have to repay draw against commission amount if I leave the company, or get fired?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


The outcome depends on the circumstances of your agreement with the employer, and whether the employer chooses to enforce the agreement and by what means.


Answered: 25 days ago
#real-estate-law#alberta
Asked: a month ago

How can I extend an allowed period to vacate condo property from 15 days to 60 days, in order to find a proper new residency?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


Thank you for your question. Since your situation is circumstantial to your living situation, I suggest you begin by consulting available resources and services to determine the best course of action. Before you do so, take the time to write up a timeline of events so that you have a well-organized written statement available in case it is needed. Having researched your situation, I have found the following resources which could be of value: 1) Landlord and Tenant Services https://www.servicealberta.ca/623.cfm 2) Residential Tenancies Dispute Resolution Service https://www.servicealberta.ca/869.cfm 3) Residential Tenancies Process https://albertacourts.ca/provincial-court/civil-small-claims-court/residential-tenancies-process We hope these resources will prove helpful.


Answered: 25 days ago
#entertainment-law#ontario
Asked: a month ago

Am I entitled to a refund, after being expelled from a Golf Course for violating the Code of Conduct?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


In order to find out whether you can recover your initiation fee or yearly due you will need to consult the Club's code of conduct, their membership policies, and any membership policy documents the Club provided to you. Most likely, the Club will have outlined their refund policy in specific terms in one of these documents. Your alternate course of action would be to initiate a lawsuit against the Club if you believe you have just cause to do so. A lawsuit could arise, for example, from the mistreatment of a member, discriminatory practices, or a breach of contract.


Answered: 25 days ago
#wills-and-trusts#nova-scotia
Asked: a month ago

How much time does the executor of a will have to sell a property specified in a will?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


An estate should be handled in a timely manner by the executor, but the exact standard of timeliness may vary based on the circumstances. Unfortunately, without more information about the specifics of your situation, I cannot give a definitive answer. I would suggest you contact the Legal Information Line service in Nova Scotia. They will be able to refer you to information more specific to your case. Their website is: http://www.legalinfo.org/how-lisns-can-help/i-want-to-ask-a-legal-question.html


Answered: 25 days ago
#family-law#alberta
Asked: a month ago

Can I get back custody over my child after exercising abandonment?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


Yes, it's definitely possible. The first thing I would suggest to do is to write out a clear, well-organized timeline of events that explains the situation with your child, how the circumstances have changed, and why you believe your child should be returned to your custody now. Also, if there is any relevant documentation or evidence make sure to hold on to it. I have also found some resources that I hope will be useful for you. I suggest you consult as many as needed before making a decision about how to proceed. 1) Family Law Information Centre - Grand Prairie 780‑833‑4234 https://albertacourts.ca/resolution-and-court-administration-serv/family-justice-services/locations?loc=grande-prairie-court-house 2) Edmonton Community Legal Centre 780-702-1725 http://www.eclc.ca/contact-us.html 3) Calgary Legal Guidance 403-234-9266 http://clg.ab.ca/programs-services/family-law-program/ 4) Student Legal Services of Edmonton http://www.slsedmonton.com/family/sls-representation/ http://www.slsedmonton.com/contact/ All these resources provide free information over the phone, and can direct you to the correct forms to appeal the custody order. You may also be able to get a lawyer through one of these services.


Answered: 25 days ago
#family-law#ontario
Asked: a month ago

What can I do if I can't afford a lawyer for divorce settlement and child custody issues?

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)


Samuel Michaels

Founder & Lawyer, SM Legal


The following resources may be able to help you: 1) Justice Net www.justicenet.ca 416-479-0552 Non-profit service connecting low-income individuals to lawyers who will charge on a sliding scale based on the client’s income level. 2) Pro Bono Ontario Phone Line https://www.lawhelpontario.org/remote/ 1-855-255-7256 Free legal advice by phone for individuals living more than 40km from a Pro Bono walk-in centre. 3) Office of the Children's Lawyer http://www.attorneygeneral.jus.gov.on.ca/english/family/ocl/ 416-314-8000 Office of the Children's lawyer for Ontario. They provide legal help and services for matters involving children. 4) Your Legal Rights http://yourlegalrights.on.ca/ Website of legal information for people in Ontario. Free and easy-to-find legal information produced by hundreds of organizations across Ontario.


Answered: 25 days ago
#municipal-law#new-brunswick
Asked: a month ago

Can a city council pass a bylaw without the approval of the provincial government?

St. Andrews council believes they cannot pass a bylaw without the approval of the Provincial Government in Fredericton. Is that true?


Samuel Michaels

Founder & Lawyer, SM Legal


There is no specific mention of the relationship between the province and city council in passing by-laws. However, we did find the following statute which may be relevant to you: New Brunswick Municipalities Act http://www.canlii.org/en/nb/laws/stat/rsnb-1973-c-m-22/latest/rsnb-1973-c-m-22.html


Answered: 25 days ago
#real-estate-law#ontario
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


We found an Ontario act that we believe may be relevant to you. The Line Fences Act regulates fencing in Ontario: http://www.ontario.ca/laws/statute/90l17


Answered: 25 days ago
#bankruptcy-and-insolvency#ontario
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


In this situation, you will likely need to correspond with the creditor directly to have your name removed. If you co-signed as a guarantor, you may be unable to void your obligation.


Answered: a month ago
#immigration-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


The application is only asking for genetic relatives (specifically, males sharing the same birth mother).


Answered: a month ago
#immigration-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


For a report from a specific department or city you will need to contact the police department directly. For general information on outstanding warrants, you can visit: https://www.canada.ca/en/services/policing/police/wanted.html


Answered: a month ago
#immigration-law#manitoba
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


Yes, it is possible. Use this link: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/application-change-conditions-extend-stay-visitor.html


Answered: a month ago
#immigration-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


A PGWP is typically issued after graduation. For more information: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/temporary-residents/study-permits/post-graduation-work-permit-program.html


Answered: a month ago
#employment-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


As a court order, a restraining order is a public record. However, it is unlikely that an employer would be searching for this record, so the effect on employment is generally minimal (except if the individuals work in the same place).


Answered: a month ago
#corporate-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


Generally, to protect a brand in Canada, the name must be trademarked in Canada. Historic use does not guarantee exclusivity to a name. You may wish to do a CIPO search for the name, if it is not registered and there is no corporation registered under the name, it is unlikely you will face further legal action.


Answered: a month ago
#immigration-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


If your brother is in poor health, he may lack the capacity to make decisions regarding this relationship. In this case, you may wish to apply to the court for a court-ordered power of attorney for personal care and power of attorney for the property over your brother. Further resources available here: http://www.limitedscoperetainers.ca/


Answered: a month ago
#employment-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


In this situation, firstly it seems you have grounds for a small claims action if the PayPal dispute service does not reimburse your funds. Secondly, it is always possible that an individual could start a defamation claim against you, but it does not sound such a claim would be successful. Further, Ontario courts can assess punitive damages against vexatious litigants, which the individual will have to consider very thoroughly before starting a claim.


Answered: a month ago
#real-estate-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


Typically after an eviction, possessions (including animals) become the property of the landlord, which they can dispose of as they wish. However, if you had a verbal agreement to retrieve the cats, this could constitute a contract, which they are in breach of. As such, you may be able to retrieve the cats from the new owner as stolen property or pursue the property manager in small claims.


Answered: a month ago
#immigration-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


You can work in Canada but you will need to register as a sole proprietor or a corporation in the province in which you operate. You will also need to pay taxes in Canada for services provided here. You can also work in Spain at the same time.


Answered: a month ago
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


There isn't a specific legal form for this situation, but you may wish to draw up a Loan Repayment Agreement for the individual, which includes the payment terms and deadlines, and which you could use as evidence in a claim if payment is not made.


Answered: a month ago
#family-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


This is likely possible with a temporary custody order so long as no other arrangement made and it is in the best interest of the child.


Answered: a month ago
#family-law#quebec
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


Leaving the province with the children, without a custody agreement, may cause issues in the future. We strongly recommend contacting a family law lawyer through one of these services: http://www.limitedscoperetainers.ca/ https://www.legalaid.on.ca/en/getting/summarylegaladvice_family.asp https://yourlegalrights.on.ca/legal-topic/family-law https://www.cleo.on.ca/en/publications/childsupport/what-if-i-cannot-afford-lawyer https://stepstojustice.ca/questions/family-law/where-can-i-find-lawyer-help-my-family-law-issue


Answered: a month ago
#alberta
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


A lien should not be made in bad faith. There should be a genuine reason for the registration of the lien, and that reason should be in itself reasonable (ie. the average person would consider the action reasonable). For example, registering a lien against a stranger would be bad faith. Registering a lien to protect a security described in a contract, where the contract includes a clause regarding lien registration, would be seen as a good faith act.


Answered: a month ago
#criminal-law
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


Your options in this situation are directly negotiating a resolution or launching a small claims court claim. At small claims court, you may be able to recover a portion of your legal costs in addition to the $140.


Answered: a month ago
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


A power of attorney can be challenged if there is a risk that the grantor lacked capacity at the time of granting the power of attorney.


Answered: a month ago
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


A trust can be revoked in a number of ways. For more information: https://www.lexisnexis.com/uk/lexispsl/privateclient/document/393819/55KG-G8K1-F18D-H2XS-00000-00/Termination_of_trusts_overview#


Answered: a month ago
#criminal-law#ontario
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


Details of how the ticket will affect your license will be included on the ticket itself or with the court documents you receive following the ticket. To determine the effect on your insurance, you will need to speak with your insurance provider.


Answered: a month ago
#family-law#alberta
Asked: a month ago


Samuel Michaels

Founder & Lawyer, SM Legal


Cost awards are at the discretion of the court, subject to the rules found here (see page 225): http://www.qp.alberta.ca/documents/rules2010/Rules_vol_1.pdf


Answered: a month ago