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if-you-fan-a-fire · 2 years

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"Sentences Two Men To Penitentiary," Ottawa Journal. December 15, 1942. Page 4. ---- 5 O'Clock Edition Service. Judge Daly this afternoon sentenced three men who had been convicted of criminal offences at the General Sessions of the Peace. Sentences were:

Clarence A. Perks, a member of the R.C.A.F., Toronto, four years in Kingston Penitentiary for theft. [TOP PHOTO]

Vernon Bond, 283 Kent street, three years in Kingston Penitentiary for receiving stolen goods. [BOTTOM PHOTO]

Verner D. Armstrong. 18, of Carp, fine of $200 and suspension of his driver's license for three years for dangerous driving.

Convicted by Jury. Armstrong had been found guilty by a jury this morning on the dangerous driving charge, which resulted from a fatal accident on Highway No. 17 last July 11. Perks and Bond were convicted last week and had been on remand for sentence.

Judge Daly said Perks, who stole a fur coat and other articles worth $207, from the home of Thomas Bradley, 286 Hamilton avenue, had a bad record. "It is difficult to know what to do with you. You have been sent to the reformatory twice and that does not seem to have done you any good."

Bond's record also was not so good, Judge Daly said. Receiving stolen goods was not as serious as burglary, but Bond had spent a previous term of three years in penitentiary and he was going to send him back there.

Judge Daly took the occasion to compliment G. Mitchell Dent, who defended both Perks and Bond. After mentioning that Mr. Dent defended the men at the request of the Bench, and that they were Mr. Dent's first cases, Judge Daly said: "You conducted the cases as though you had been practising law for years".

Imposing a penalty on Armstrong was difficult for him to do, Judge Daly said. He agreed with Crown Attorney Mercier and Defence Counsel Walter F. Schroeder, K.C., that the accused came from a fine family and had a previous good record.

Too Many Accidents. He said as a result of Armstrong's fast driving his best chum was killed and that in itself was a severe punishment. There had been altogether too many accidents) where people were killed and some punishment had to be imposed.

The penalty he was imposing, fine of $200 and suspension of driving privileges for three years, might be considered light "but it is the Christmas season and I hesitate to take you away from your parents' home at this time".

Judge Daly told Armstrong his parents were "the best people in the county and under these circumstances it is very difficult for me to deal with this case". He also commended Mr. Schroeder for the manner in which he defended Armstrong.

[AL: Perks was 30 years old, married, from Toronto, serving as a Wireless Air Gunner for the Royal Canadian Air Force, and had been twice before in the reformatory. He was convict #7143 at Kingston Penitentiary and was considered a good conduct prisoner. He placed to work in the prison library, and in April 1943 was transferred to Collin's Bay Penitentiary. He was paroled from there in September 1944 and allowed to re-enlist.

Bond was 28, single, a commercial labourer in a manufacturing plant, Irish Canadian, and from Ottawa. He had previously been in the penitentiary. This time around he was convict #7141. He worked in the tailor shop at Kingston penitentiary. He was released May 1, 1945.]

#ottawa #sessions court #theft #stolen coat #stealing from friends #receiving stolen goods #ex-convict #jailbirds #royal canadian air force #gunner #reckless driving #reckless driver #vehicular manslaughter #driver's license #sentenced to the penitentiary #kingston penitentiary #canada during world war 2 #crime and punishment in canada #history of crime and punishment in canada

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levencrownfamilylaw · 3 years

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Even when things are going smoothly, handling alimony custody, child support, and divorce cases are challenging.

#Best Family Law Counsel in Ottawa #Best Divorce Attorney Ottawa

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youthincare · 5 years

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Federal Court Justice Paul Favel said Tuesday he would soon issue a ruling on a federal government motion that is part of a two-phase legal strategy to quash a human rights tribunal ruling ordering compensation for First Nations children apprehended through the on-reserve child welfare system.

Favel said he would issue the ruling "as soon as I'm able" on a federal government motion to stay — or pause the order — until the same court rules on a related application filed by Justice Canada lawyers for a judicial review aimed at quashing the tribunal's ruling.

The Canadian Human Rights Tribunal ordered the federal government in September to pay $40,000 in compensation to each First Nations child impacted by the on-reserve child welfare system since 2006. There was an additional order of $20,000 in compensation to each parent or grandparent (depending on which was the primary caregiver) whose children were taken from their homes unnecessarily.

The tribunal also ordered Ottawa to pay $40,000 to all First Nations children — along with their parents or grandparents — who were forced to leave their homes to access services, or who were denied services covered by the policy known as Jordan's Principle between Dec. 12, 2007 and Nov. 2, 2017.

Under Jordan's Principle, the needs of a First Nations child requiring a government service take precedence over jurisdictional issues over who should pay for it.

Ottawa eyes class-action settlement

As arguments began before the judge Monday over the tribunal order, Justice Minister David Lametti and Indigenous Services Minister Marc Miller announced the Trudeau government would work with plaintiffs' counsel with the goal of moving forward with certification of a class-action lawsuit on child welfare filed in March.

The $6-billion lawsuit was filed on behalf of children affected by the child welfare system and who were denied services that should have been covered by Jordan's Principle.

The Trudeau government indicated it was looking to deal with the issue of compensation through a class-action settlement — like it has for the Sixties Scoop and the Indian Day School cases.

"The class action model is designed to give individuals the chance to have their interests represented, to address the interests of all impacted individuals and to allow parties to arrive at an appropriate resolution of past harms," said the statement from the ministers.

Ottawa tells court First Nation child welfare compensation order could cost $8 billion

Ottawa in talks to settle First Nations child welfare class action lawsuit

However, in the courtroom, federal lawyers aimed their legal guns on the tribunal order.

Justice Canada lawyer Robert Frater argued Monday that the tribunal order overstepped its boundaries into the realm of class-action law. Frater also argued that the case dealt with systemic discrimination which required a systemic fix and that the money award was unfair because it did not take individual circumstances into consideration.

"The errors of this [tribunal compensation] judgment run wide and deep," said Frater in his arguments.

"Canada is committed to remedying the injustices of the past, but it has to be done in a fair and equitable way."

Tribunal's deadline for compensation proposals approaching

Barb McIsaac, a lawyer for the First Nations Child and Family Caring Society, told the court that while the government says it favours compensation, its actions haven't matched its words.

"My friend has stated over and over again, as have various politicians, that Canada wants to compensate the children, but it hasn't done anything yet."

The First Nations Child and Family Caring Society, which was the lead on the human rights complaint, argued that the court should put a freeze on the judicial review until the tribunal decides on the process to distribute the compensation.

The tribunal set Dec. 10 as the deadline for all parties to submit proposals on the mechanism for distributing the compensation.

"The court can only fully understand and rule on the reasonableness of the compensation once all aspects of the compensation decisions have been determined by the tribunal," McIsaac said.

"The arguments of the attorney general are not in the best interest of the children, but rather in this argument that we have to have perfection. If we wait for perfection, we'll be here again and again and again, and we'll never have a solution."

#Justin trudeau #child welfare #cbc #cdn news #compensation #cbc indigneous

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bountyofbeads · 5 years

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Their Mothers Chose Donor Sperm. The Doctors Used Their Own. https://www.nytimes.com/2019/08/21/health/sperm-donors-fraud-doctors.html

Their Mothers Chose Donor Sperm. The Doctors Used Their Own.

Scores of children born through artificial insemination have learned from DNA tests that their biological fathers were the doctors who performed the procedure.

By Jacqueline Mroz | Published August 21, 2019 Updated 3:47 p.m. ET | New York Times | Posted August 21, 2019 4:36 PM ET |

Growing up in Nacogdoches, Tex., Eve Wiley learned at age 16 that she had been conceived through artificial insemination with donor sperm.

Her mother, Margo Williams, now 65, had sought help from Dr. Kim McMorries, telling him that her husband was infertile. She asked the doctor to locate a sperm donor. He told Mrs. Williams that he had found one through a sperm bank in California.

Mrs. Williams gave birth to a daughter, Eve. Now 32, Mrs. Wiley is a stay-at-home mother in Dallas. In 2017 and 2018, like tens of millions of Americans, she took consumer DNA tests.

The results? Her biological father was not a sperm donor in California, as she had been told — Dr. McMorries was. The news left Ms. Wiley reeling.

“You build your whole life on your genetic identity, and that’s the foundation,” Ms. Wiley said. “But when those bottom bricks have been removed or altered, it can be devastating.”

Through his attorney and the staff at his office, Dr. McMorries declined to comment.

With the advent of widespread consumer DNA testing, instances in which fertility specialists decades ago secretly used their own sperm for artificial insemination have begun to surface with some regularity. Three states have now passed laws criminalizing this conduct, including Texas, which now defines it as a form of sexual assault.

Dr. Jody Madeira, a law professor at Indiana University, is following more than 20 cases in the United States and abroad. They have occurred in a dozen states, including Connecticut, Vermont, Idaho, Utah and Nevada, she said, as well as in England, South Africa, Germany and the Netherlands.

According to the Dutch Donor Child Foundation, DNA testing has confirmed that a fertility specialist, Dr. Jan Karbaat, fathered 56 children, born to women who visited his clinic outside Rotterdam. Dutch authorities closed his practice in 2009, and he died in April 2017 at age 89.

An attorney for Dr. Karbaat’s family said they had no comment on the allegations and emphasized that the cases are decades old.

“Thirty years ago, people looked at things in very different ways,” said J.P. Vandervoodt, a lawyer in Rotterdam. “Dr. Karbaat could have been an anonymous donor — we don’t know that. There was no registration system at the time.”

In June, the College of Physicians and Surgeons of Ontario revoked the license of a fertility specialist in Ottawa, Dr. Norman Barwin, 80, and reprimanded him for repeatedly using the wrong sperm — including his own — in artificial insemination procedures over decades.

The college found that he had inseminated at least 11 women with his own sperm. In addition, scores of donor children claim they were conceived with the wrong sperm at Dr. Barwin’s clinic, though not the doctor’s.

He told one woman that he had used his sperm to calibrate a clinic instrument and that this contamination explained her conception. The college called that unbelievable and his actions “beyond reprehensible.”

“His actions will continue to have repercussions for his patients and their families in perpetuity,” said Carolyn Silver, general counsel at the college.

Dr. Barwin and his lawyers did not return calls for comment.

In the past, patients had little reason to suspect fertility doctors to whom they had entrusted one of medicine’s most intimate tasks, said Dov Fox, a bioethicist at the University of San Diego and the author of “Birth Rights and Wrongs,” a book about technology and reproductive law.

“In a word, gross,” he said of the cases. “In a couple more: shocking, shameful. The number of doctors sounds less like a few bad apples and more like a generalized practice of deception, largely hidden until recently by a mix of low-tech and high stigma.”

Fertility fraud

Dr. Donald Cline, a fertility specialist in Indianapolis, used his own sperm to impregnate at least three dozen women in the 1970s and 1980s, according to state prosecutors. Based on DNA testing, 61 people now claim he is their biological father.

Dr. Cline, who retired in 2009, pleaded guilty to two felony obstruction of justice charges and admitted that he had lied to state investigators. He surrendered his medical license and was given a one-year suspended sentence.

Calls to Dr. Cline’s lawyer were not returned.

Prosecutors said they were not able to press for a tougher sentence for a simple reason: In Indiana, as in most states, there were no laws prohibiting this conduct.

In May, Indiana passed a law that makes using the wrong sperm a felony and gives victims the right to sue doctors for it. Patients may sidestep the statute of limitations in these cases, bringing legal action up to five years after the fraud is discovered, rather than after it took place.

That provision is significant to accusers, because those who discover the identity of their biological fathers in these cases are usually adults.

Cases of so-called fertility fraud have prompted other states to enact similar laws that allow patients and children to pursue legal remedies from so-called doctor daddies.

After discovering the identity of her biological father, Ms. Wiley pressed for a similar law in Texas, meeting with legislators to demand better accountability of what she saw to be a grossly unregulated industry.

In June, Texas passed its own fertility-fraud law, and it goes further than those in Indiana and California. If a health care provider uses human sperm, eggs or embryos from an unauthorized donor, the law identifies the crime as a sexual assault. Those found guilty must register as sex offenders.

The bill passed unanimously in the state Legislature.

“It was a very compelling story of deception, and we’re seeing more and more cases of assisted reproduction being used improperly,” Stephanie Klick, a Republican state representative and a sponsor of the bill, said of Ms. Wiley’s experience. “We need to make sure that what happened doesn’t happen again.”

Some experts believe the measure is extreme. “Sexual assault is a step too far,” said Judith Daar, dean of the Chase College of Law at Northern Kentucky University. “Using that language, and imposing the ramifications that assault imposes, is highly problematic and more harmful than helpful.”

The Texas law applies when a health care provider uses his own sperm or the sperm of a donor other than the one the patient selected. But could a doctor or clinic nurse be convicted of sexual assault if the wrong sperm were provided in a mix-up?

“If a physician is rushed and inattentive, and grabs the wrong vial, a jury might find that the physician knew or should have known that the material was not what the patient selected,” said Ms. Daar, who leads the ethics committee of the American Society for Reproductive Medicine.

If a simple mix-up could result in conviction as a sexual predator, she fears fertility doctors in Texas may stop practicing.

Ms. Klick, the Texas legislator and a nurse, believes that this form of deception does constitute assault.

“There’s a physical aspect to it — there is a medical device that is being used to penetrate these women to deliver the genetic material,” she said. “I equate it with rape, because there’s no consent.”

“It’s creepy,” she added. “It violates so many different boundaries on a professional level.”

Doctor knows best?

A few years ago, Marenda Tucker, 36, took a DNA test to find out more about her heritage.

Ms. Tucker, a mother of four, who lives in Oregon, knew that she had been born through sperm donation. According to her mother, the doctor said he had used an anonymous sperm donor from the South.

The DNA test matched her to relatives of the doctor himself. “Once I had the matches, I realized it was the doctor, and I was like, yuck, gross,” she said. “When I talked to my mom about it, she felt violated.”

“Until now, I’ve been able to handle what life has thrown at me,” she added. “But this was this weird identity crisis.”

Reached by phone by a reporter at his home in Little Rock, Ark., with questions about Ms. Tucker’s conception, the retired physician, Dr. Gary Don Davis, said: “Well, that’s surprising. Let me check on that. Goodbye.”

Further attempts to reach him were unsuccessful, and he died in June.

Why would doctors secretly substitute their sperm for that of a donor, or even a husband?

Dr. Madeira, the law professor who has been tracking many of these cases, said that some specialists may simply have thought it was smart business. Frozen sperm was not the recommended medical standard until the late 1980s, and many physicians may not have had ready access to sperm when patients sought help.

“They could have self-justified their malfeasance in an era of ‘doctor knows best,’” Dr. Madeira said. “In their minds, they may just have been helping their patients by increasing their chances of getting pregnant with fresh sperm for higher fertilization rates.”

But others, she speculated, may have had darker motivations. “I would bet a lot of these doctors had power reasons for doing this — mental health issues, narcissistic issues — or maybe they were attracted to certain women,” she said.

Confronted with the test results, Dr. McMorries acknowledged in a letter to Ms. Wiley that he had mixed his sperm with that of other donors in order to improve her mother’s chances of conception. Laws regarding “donor anonymity” prevented him from telling her, he wrote.

“The thinking at that time was that if the patient got pregnant, there was no way to know which sperm affected the conception,” he wrote.

Before the doctor’s confession, Ms. Wiley believed she had already found the man who donated the sperm from which she was conceived: Steve Scholl, now 65, a writer and publisher in Los Angeles.

“We started this beautiful father-daughter relationship — he officiated at my wedding,” she said. “My kids call him Poppa.”

After learning the truth, she told Mr. Scholl that she wasn’t his biological daughter. He was stunned.

“It took me a while to process,” he recalled in an interview. “We felt so much like we’d found each other. We didn’t know how the reproductive industry worked. But very quickly, we both decided not to let this change anything for us.”

Ms. Wiley still calls him Dad.

#women's rights #women's health #reproductive health #reproductive rights #reproductive justice #u.s. news #u.s. government #us politics #politics #politics and government #u.s. politics

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cristinagooge · 4 years

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Canadian Law Schools - The Law School Admission Council

apply to law school in Canada jsmp oct 2011

year trainees about other Neinstein Personal Injury Lawyers, interesting locations of law. In addition, very first year law students are provided specialized training in legal research study and writing. There are numerous extracurricular activities and volunteer experiences open to first year students. Lots of students participate in trial advocacy and customer counselling competitors, volunteer at legal centers or non-profit companies, and take part in student-led clubs and social occasions at the law school. A small number of students get summer tasks in the legal field after first year. For example, students may work at a Legal Aid Center, or may do research for a teacher. Many students take jobs outside the legal field, however continue to do volunteer work to acquire legal experience. In either very first year or the upper years of the law program, the majority of law schools likewise require students to take part in a" moot" which is a mock trial, in which trainees serve as" attorneys "on a fictional case and are "judged" by professors and legal representatives. Many trainees operate in law practice, government legal departments or legal clinics doing legal research after their second year of law school (Neinstein Personal Injury). Throughout the summer, trainees make an application for articling positions and go through articling interviews. This is your last year.

of law school Neinstein Personal Injury Lawyers, and it is the year in which you can truly get associated with a management function in clubs, committees, journals or other extracurricular chances at the law school. Trainees take more customized courses, and work on prolonged research documents in their locations of interest - Neinstein Personal Injury. For instance, U of T law school provides exchanges with many universities all over the world.

There are exchanges to the West Indies, Singapore, Australia to call just a few. Neinstein Personal Injury Lawyers podcasts. In Canada, conclusion of a law degree alone is not adequate to allow a candidate to practice law (that is, work as an attorney ). In Ontario," articling" entails working under the supervision of a certified( and qualified) legal representative for 10 months. Articling is an outstanding way to get exposure to different locations of law before actually ending up being licensed to practice. Licensing prospects can finish their" articles "in personal practice( with a sole specialist or firm of any size), with a Government workplace, legal center, or with an internal legal department. Candidates can also elect to "clerk" for a judge to fulfill.

GET INTO LAW SCHOOL IN CANADA

the articling requirement. In Ontario, licensing candidates might choose to either article or complete the Law Society of Ontario's Law Practice Program( LPP )in order to please the experiential training element of the Lawyer Licensing Process. The LPP consists of a four-month training course and a four-month work placement. The program ranges from late August/early September until the end of April. The English language.

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program is used by Ryerson University and the French program by the University of Ottawa. In Ontario, licensing candidates are confessed to the "bar" after effectively composing the Barrister and Lawyer examinations, which are administered by the Law Society of Ontario and provided 3 times each year (November, March and June). The Lawyer Examination evaluates knowledge of the law in the following practice locations: public law, criminal.

procedure, household law and civil lawsuits. The Solicitor Evaluation evaluates knowledge of the law in property, business law, wills, trusts and estate administration and planning. Both assessments examine a prospect's understanding of their ethical and professional obligations and ability to develop and keep the lawyer-client relationship. Typically, the many possibilities are divided into 3 classifications: Working in the general public interest might involve working for a public interest group such as the African Canadian Legal Center, or the Women's Legal and Education Action Fund, or doing legal aid work at a legal aid center, like the Metropolitan Toronto Chinese and Southeast Asian Legal Center. This may involve operating at a big firm( over 100 legal representatives )or a little law company. Lawyers frequently specialize in one location of the law, for example, family law, criminal defence law, corporate law, ecological law. Others, however, have full service practices, in which they specialize and offer services in numerous practice locations. This may include working as a Crown Attorney prosecuting crooks or working for a ministry such as the Ministry of Health or the Ministry of Labour. Law school will provide you with an exceptional education. Upon conclusion of your degree, you will be geared up with the skills and knowledge required to begin your career as a lawyer, but likewise equipped with the intellectual strength and roster of skills essential to be successful in essentially any profession or job, consisting of in organisation, politics, journalism, and virtually any other occupation that needs strong oral and written interaction abilities, a capability to method tasks in a clear, reasoned and rational method, and a capability to analyze and efficiently solve problems. Getting a law degree is one of the best educations you can get; the possibilities are endless!Read a post on non-practicing lawyers. Greg Neinstein.

CANADIAN LAW SCHOOLS THAT DO NOT

Canadian Law Schools PowerScore

Learn & Study In The Best Law Schools In Canada [Top

by Canada's National Post newspaper. For more information about the Career Advancement Office at U of T Law go to our website at Prepared by the Profession Development Workplace and the JD Admissions Workplace, Professors of Law, University of Toronto. Follow the action by step procedure or pick what situation that best explains you: There are 14 territorial and provincial law societies across Canada responsible for controlling over 120,000 attorneys as of 2019( as well as 3800 notaries in Quebec and 9000 independent paralegals in the general public interest in Ontario). According to its 2016 Statistical Report, the FLSC has actually compiled the following numbers of active, practicing attorneys in each Canadian province/territory: British Columbia: 11,656 Alberta: 9,720 Saskatchewan: 2,158 Manitoba: 2,064 Ontario: 42,359 Baneau du Quebec: 25,766 Chamber des Notaires du Quebec: 3,498 New Brunswick: 1,326 Nova Scotia: 2,017 Prince Edward Island: 244 Newfoundland & Labrador: 753 Yukon: 316 Northwest Territories: 397 Nunavut: n/a If your ambition is to join their ranks and become a lawyer in Canada, keep reading. Check the LSAC Official Guide to Canadian Law Schools for your picked school's admission policies regarding undergraduate education. Because Canadian education is regulated on a provincial level, there are no national accreditation bodies for Canadian colleges and universities. Federal government organizations recognize particular colleges and universities within their jurisdiction. There are particular nationwide associations that establish quality standards and manage colleges and universities, including: If your undergraduate organization is recognized by one of those organizations, you must be ensured that Canadian law schools would accept your undergraduate education as legitimate. A lot of have credit requirements, while others might require certain courses to be taken. Consult your selected law school's policies for more details. A Bachelor of Arts( Bachelor's Degree) or Bachelor of Science( BS )in any field( or acceptable work towards such a degree )is generally sufficient.

for entry into a Canadian law school - Neinstein Personal Injury Lawyers. You must pass the LSAT, or Law School Admission Test, prior to you will be accepted into any LSAC-member Canadian law school. This standardized entrance test is offered four times annually. You can access complimentary study products, such as practice tests and sample questions and responses, at the LSAT site.

Other preparation product for the LSAT in Canada includes: LSAT Test Preparation Courses in Canada: There are 3 crucial locations checked on the LSAT: Long, complex passages resembling information you will encounter in law school and in the law profession are presented. Your abilities to see relationships and draw conclusions are tested here. You need to recognize the strengths and weaknesses in provided arguments in this area of the LSAT. Although not scored as part of the LSAT, you must also produce a writing sample on an offered topic. This will be sent out to the law schools to which you get their review.

from Blogger Neinstein Personal Injury Lawyers

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davieslawfirmfan · 4 years

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Reasons you should consider hiring a family lawyer Ottawa

The function of the family lawyer Ottawa can’t be ignored. A family attorney can be trusted with all your legal issues right from the custody of the child to guardianship and even divorce. The family attorney can assist you in all of these difficult situations. They can even provide appropriate guidance to you in property-related issues, legitimacy, and adoption. The family lawyers in Ottawa are even hired by the couple who want to end their marriage legally. Following reasons can explain you in brief about why you should hire a family lawyer:

Expert Guidance: Family attorneys are qualified professionals having a good amount of experience in family law cases. They have handled enough cases in their career that are similar to yours. Guidance from the family lawyers is unmatchable since they have both the theoretical and practical knowledge about the family law and they can easily predict the direction of the case. There are various law firms having experienced family attorneys who can represent you well in the court of justice with their expert guidance. The family attorneys will guide to make the right decisions and taking the right steps throughout the entire process. When you have a family lawyer by your side you can relax, because they can solve the complicated issues and settle them on your behalf. They ensure good counseling regarding the problems such as substantial income, custody and child support, debts, and assets among others. The lawyer will try their best to turn the decision in your favor.

Reduces stress: Hiring family attorneys from a family law firm can reduce your stress in difficult situations. Considering that your attorney will take care of everything, you can ease up and spend time with your dear ones, diverting your mind from the hectic process. You don’t need to do paperwork or documentation as the lawyer handles these things and does all the things in the right manner. All the legal work is done by the lawyers, giving you some time to relax and get yourself together. If you are in a tense situation like going through a divorce or property related issues, the transition will be handled smoothly with a family attorney assisting you.

Minimum mistakes: The family attorneys are well-certified experts having an ample amount of experience in their field, minimum mistakes are done by them as they have substantial work experience behind them. Because, even small mistakes in the cases of family law can lead to consequences, thus there is no place for mistakes to be done by the family lawyers, and they even make sure that they do their job perfectly. In the case of property division some individuals make mistakes by either overestimating or underestimating the value of assets, which can result in financial harm, so the family attorney has to take of each and everything that can lead to huge losses. So, if you have a family lawyer behind you don’t have to worry because all the proceedings will be handled correctly by the family attorney.

These pointers explain the significance of hiring family lawyers. The family attorneys can give you expert guidance and take care of the legal work in the case of divorce, adoption, or property related issues. Having a family attorney by your side reduces your stress and increases your chances of winning the case. To know more about family law firms follow us on Ourbis, Bing, and Showmelocal.

#Family Law firm #Family Lawyer #Family Law

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kceleste · 5 years

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Top Lawyers In Canada In 2020

Murray Klippenstein

Creator, Klippensteins Barristers & Solicitors, Toronto, Ont. Back for the second year on the Top 25, Klippenstein's continuing representation of 13 members of this indigenous Mayan Q'eqchi' population from El Estor, Guatemala, continues to make waves. Three related suits are ahead of the Ontario courts against Canadian mining firm Hudbay Minerals within the brutal killing of Adolfo Ich and the gang rape of 11 girls from Lote Ocho. In a precedent-setting ruling in July of 2013, an Ontario court determined that lawsuits can proceed to trial in Canada over the objections of Hudbay Minerals. At home he's also taking on the big guys in a situation against Encana Corp. which 's challenging the regulation and practice of hydraulic fracking in Canada. What Republicans needed to say: Kudos for standing up for, upholding Canadian values, wherever we operate.

Justice David Stratas

Judge, Federal Court of Appeal, Ottawa, Ont. Stratas penned possibly the most talked-about decision in the region of employment law this year. It will affect federally regulated companies and workers for a long time to come. His February Federal Court of Appeal decision in Wilson v. Atomic Energy of Canada flies in the face of 40 decades of legislation permitting federally regulated employers to dismiss workers without cause. Prior to the conclusion, the consensus was that employees who are regulated by the Canada Labour Code may be terminated for just cause. Many federally controlled organizations including banks, telecommunications firms, and transport businesses view the decision a victory, because of its long-term consequences. The court has to be a tie-breaker on this problem, composed Stratas. Because of its effect, Joseph Wilson registered for leave to appeal with the Supreme Court of Canada in late March. A choice on leave is pending. What voters had to say: He's the best administrative law jurist of the era. The single one moving deep into philosophy, making sense of it all. Thoughtful, scholarly, practical, and so hard working. With respect to the last, it seems the cases with a true effect from the Federal Court of Appeal are written by him. Plain talking decisions really hammer the important points home.

Lorne Waldman

Waldman & Associates, Toronto, Ont. Waldman is a great guardian of refugees, immigrants, and human rights. He's won a variety of important victories, including healthcare for refugees in Canadian nurses for Refugee Care v. Canada and a female 's right to wear the niqab whilst producing her citizenship oath in Ishaq v. Canada together with his associate Naseem Mithoowani. In addition, he argued at the Supreme Court of Canada at J.P. v. Canada and G.J. v. Canada, that Canada's anti-human smuggling provisions must include asylum seekers engaging in mutual assistance. Along with Peter Edelmann, he acted on behalf of the CBA from the Harkat case prior to the SCC at 2014. On the global stage, he symbolizes Mohamed Fahmy (along with Amal Clooney), the Canadian journalist working for Al Jazeera. He has also been a vocal opponent of Bill C-51 and changes to Canada's citizenship law. What Republicans needed to say: Lorne reminded us all, especially today, to preserve democracy and to maintain the rule of law.

Allison Dellandrea

Crown counsel, Ministry of the Attorney General,Toronto, Ont. Dellandrea was a key participant in advancing the understanding of crimes against children by law enforcement officials, fellow lawyers, and the judiciary. She was involved in a child sexual abuse case in March where Ontario's former deputy education minister Ben Levin pleaded guilty to child pornography related charges. The fees included making written child porn, counseling a person to commit a sexual assault, and possession of child pornography. Dellandrea's function for a Crown includes function as education lead for Ontario's provincial strategy on Internet crimes against children. She's an instrumental leader in this region within the justice section. What voters had to say: Allison is a tireless source and is the penultimate legal head for a prosecutorial position on all things associated with child exploitation and sexual assault offences. For such a difficult subject that inherently involves very taxing emotional and legal problems, Allison always has the time to provide sound advice to additional Crowns prosecuting these very difficult and sensitive offences. Her efforts have made a tangible difference in making our society safer.

Sara Cohen

Creator, Fertility Law Canada in D2Law LLP, Toronto, Ont. Cohen has devoted her career to 2 actions that have shifted the practice of fertility legislation for the greater in Canada and outside. She has spent countless hours teaching and mentoring on the subject of fertility as an adjunct professor, at home and overseas. Her collegiality at a notoriously competitive area of the law, truly underlines Cohen's dedication to improving the practice of fertility legislation. More importantly she pushes for change she wishes to see in this burgeoning area of the law. Current lobbying attempts are sure to repay; among them to obtain coverage for in vitro fertilization services through Ontario's health program as well as modifications to the family law legislation that would clarify that a sperm donor is not a parent just by virtue of being a donor. Lastly, she is the very first adjunct professor in the nation to give a course solely dedicated to reproductive law in Canada, helping clear the route for future area practitioners. What Republicans needed to say: Sara was instrumental in enhancing the law in assisted reproductive technologies. Genuinely cares about her field of expertise. This isn't just a job for Sara, it is her passion.

Fred Headon

Assistant general counsel, labor and employment law, Air Canada, Montreal, Que. As chairman of the Canadian Bar Association's Futures Initiative, Headon has given over 25 presentations to lawyers, law students, professors, librarians, law firm personnel, and labs from Toronto to Buenos Aires, Victoria to Halifax, in person and online. The Futures report was released in August 2014 and its recommendations put Headon squarely in the middle of several vital discussions on subjects crucial to the profession. He continues to direct the Futures steering committee because it now turns its recommendations into actions. Headon is an integral part of the debate about the future of the profession and he had been the very first in-house counsel to eventually become the president of the CBA. What voters had to say: Brings energy and decency and the smarts to what he does.

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nomoreapologys · 4 years

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Top Lawyers In Canada

Justice David Stratas

Judge, Federal Court of Appeal, Ottawa, Ont. Stratas penned possibly the most talked-about decision in the area of employment legislation this year. It'll affect federally regulated companies and employees for years to come. His February Federal Court of Appeal decision in Wilson v. Atomic Energy of Canada flies in the face of 40 decades of law allowing federally regulated employers to dismiss workers without cause. Prior to the conclusion, the consensus was the workers who are regulated by the Canada Labour Code could be terminated for just cause. Many federally controlled organizations including banks, telecommunications firms, and transportation businesses see the choice that a success, because of its long-term consequences. The court needs to be a tie-breaker on this issue, wrote Stratas. Because of its effect, Joseph Wilson registered for leave to appeal with the Supreme Court of Canada in late March. A decision on leave is impending. What voters had to say: He's the best administrative law jurist of the age. The single one moving deep into philosophy, making sense of everything. Thoughtful, scholarly, practical, and so hard working. Connected to the past, it appears the cases with a real effect from the Federal Court of Appeal are composed by him. Plain speaking decisions actually hammer the essential points home.

Pascale Fournier

Professor & study chair, legal pluralism and comparative legislation, University of Ottawa Faculty of Law, Ottawa, Ont. Fournier has attained international fame for her groundbreaking work on gender, faith, and the law, together with fieldwork interviews with women from several states to emphasize the complex interplay between spiritual and secular law. She's received numerous national and global awards and nominations in 2014. Fournier became a fellow of the prestigious International Women's Forum for her job as a leader in the legal profession; receiving the Canada-Arab Chamber of Commerce Award for academic excellence and contribution to humanity. Fournier represented the University of Ottawa as an effective leader in the Governor General's Canadian Leadership Conference and was appointed by the National Assembly of Quebec into the Quebec Human Rights and Youth Rights Commission. What Republicans needed to say: Outstanding thoughts, according [to] Harvard's Prof. Kennedy.

Allison Dellandrea

Crown counsel, Ministry of the Attorney General,Toronto, Ont. Dellandrea was a key player in advancing the understanding of crimes against children by law enforcement officers, fellow lawyers, and the judiciary. She was included in a child sexual abuse case in March where Ontario's former deputy education minister Ben Levin pleaded guilty to child porn related charges. The fees included making composed child porn, counseling a individual to commit a sexual assault, and possession of child pornography. Dellandrea's function as a Crown includes being the education lead for Ontario's provincial strategy on Internet crimes against children. She is an instrumental leader in this region within the justice section. What Republicans needed to say: Allison is a tireless source and is the penultimate legal mind to get a prosecutorial position on all things associated with child abuse and sexual assault offences. For this difficult subject that inherently involves quite reckless emotional and legal problems, Allison always has the time to offer sound advice to other Crowns prosecuting these very tough and sensitive offences. Her efforts have made a tangible difference in making our society safer.

Rocco Galati

Rocco Galati Law Firm PC, Toronto, Ont. Rocco Galati is famed because of its one-man opposition to the current authorities, so much spending $42,000 of his own money on court problems. He successfully launched a situation that blocked Stephen Harper's appointment of Justice Marc Nadon to the Supreme Court of Canada. His resistance to the appointment of Federal Court of Appeal Justice Robert Mainville into the Quebec Court of Appeal was not as Profitable. While he doesn't win, Galati is dogged in his own efforts to defend the Constitution against a government he sees as pushing the boundaries using a lack of respect to the Charter of Rights and Freedoms. He also 's now also been elected as bencher of the Law Society of Upper Canada and it will be interesting to see exactly what he brings to the regulation of this profession.What voters had to say: A true Canadian constitutional and human rights enthusiast.

Fred Headon

Assistant general counsel, labor and employment law, Air Canada, Montreal, Que. As chairman of the Canadian Bar Association's Futures Initiative, Headon has contributed over 25 presentations to lawyers, law students, professors, librarians, law firm personnel, and regulators in Toronto to Buenos Aires, Victoria to Halifax, in person and online. The Futures report was released in August 2014 and its recommendations place Headon squarely in the middle of many vital discussions on subjects essential to the profession. He continues to direct the Futures steering committee as it now turns its guidelines into actions. Headon is an integral component of the discussion about the future of this profession and he was the very first in-house counselor to become the president of this CBA. What Republicans needed to say: Brings energy and decency and the smarts to everything he does.

Sara Cohen

Creator, Fertility Law Canada at D2Law LLP, Toronto, Ont. Cohen has devoted her career to 2 actions that have changed the practice of fertility legislation for the better in Canada and beyond. She has spent countless hours training and teaching on the field of fertility as an adjunct professor, at home and overseas. Her collegiality in a highly aggressive region of the law, truly underlines Cohen's devotion to enhancing the practice of fertility legislation. More importantly she pushes for change she wishes to view in this burgeoning area of law. Current lobbying attempts are sure to pay off; one of them to obtain coverage for in vitro fertilization services through Ontario's health plan as well as modifications to the family law legislation which would clarify a sperm donor isn't a parent only by virtue of being a donor. Lastly, she is the very first adjunct professor in the nation to give a course exclusively devoted to reproductive regulation in Canada, helping clear the path for future field practitioners. What Republicans needed to say: Sara has been instrumental in improving the law in assisted reproductive technologies. Genuinely cares about her area of expertise. This isn't simply a job for Sara, it is her passion.

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levencrownfamilylaw · 3 years

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At Levencrown Family Law Counsel, we serve to help you with your family litigation needs every step of the way!

#Legal Consultant in Ottawa #Best Family Law Counsel in Ottawa

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junkfoodvideous-blog · 5 years

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Detroit MI Crime Scene Cleanup Costs & Biohazard Cleaning

New Post has been published on https://crimescenecleanup.company/detroit-michigan-crime-scene-cleanup-html/

Detroit MI Crime Scene Cleanup Costs & Biohazard Cleaning

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First we chose to get on the list with some of the proprietors of a crime scene cleanup company in Detroit Michigan to find out whether the wages we are hearing about are true. What we found will surprise you and can make you want to search for crime scene cleanup jobs in Detroit. First, there are a few ways people are compensated when they work from crime scene cleanup businesses. One is by hourly pay and the average hourly fee is starting at $11 per hour and can readily get as large as $25 per hour with experience. Some individuals in a company might opt for a crime scene cleanup salary as they’re looking for more benefits like healthcare and home child care. With a salaried place you may have more duties and may be taking a look at a supervisory position. Having a managers jobs you might be getting paid a salary anywhere from $40k to begin to over $70,000 plus benefits. 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jktoniso · 5 years

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Top Canadian Lawyers

Best Lawyers In Canada In 2019

Alice Woolley

Professor and associate dean-academic, University of Calgary Faculty of Law, Calgary, Alta. Woolley is a true changemaker in the region of technology and law as well as law regulation. She has been a valuable member of the Canadian Bar Association's ethics and professional responsibility committee. Her job with the CBA Futures job as an ethics and regulatory problems staff member is truly making a mark in the legal community. Woolley is responsible for sweeping educational modifications as chairwoman of the committee that developed and embraced significant curricular changes in the University of Calgary's Faculty of Law, which concentrate on the practical elements of legal instruction and will come into effect in September. What voters had to say: top expert on legal profession and integrity; when she speaks, people listen. Alice is a visionary. Educating law students in a means that will prepare them for a 21st century practice is of crucial importance to the future of our profession.

Sara Cohen

Founder, Fertility Law Canada at D2Law LLP, Toronto, Ont. Cohen has committed her career to 2 activities which have changed the practice of fertility legislation to the greater in Canada and beyond. She has spent countless hours teaching and mentoring on the subject of fertility as an adjunct professor, at home and abroad. Her collegiality at a notoriously competitive area of the law, truly underlines Cohen's devotion to enhancing the practice of fertility law. More importantly she pushes for change she wants to see in this burgeoning area of law. Current lobbying attempts are certain to pay off; one of them to acquire coverage for in vitro fertilization services through Ontario's health plan in addition to modifications to the family law legislation that would explain a sperm donor is not a parent just by virtue of being a donor. Finally, she is the very first adjunct professor in the country to offer a course exclusively devoted to reproductive regulation in Canada, helping clear the path for future field practitioners. What Republicans needed to say: Sara has been instrumental in enhancing the legislation in assisted reproductive technology. Genuinely cares about her area of expertise. This isn't just a task for Sara, it is her passion.

Jean-Pierre Blais

Chairman, Canadian Radio-television and Telecommunications Commission, Ottawa-Gatineau Blais isn't afraid of criticism and is willing to go above and beyond in the name of customer rights. A new CRTC decision provides consumers more freedom to choose TV channels of the liking as part of their satellite and cable subscriptions regardless of bitter opposition from Canada's cable businesses. Blais known as former Bell Media president Kevin Crull, without naming names, over reports Crull told CTV news staff not to interview him after that choice. Crull ended up apologizing for interfering in the information gathering process and later resigned. From telemarketers to telcos, Blais consistently aims to encourage the rights and needs of consumers. What Republicans needed to say: Reaching big shift with consumer-minded focus. About time!

Katrina Pacey

Executive manager, Pivot Legal Society, Vancouver, B.C. Pacey was recently appointed executive director of Pivot Legal and continues the good work of her predecessors. Pivot focuses on topics associated with health, police accountability, drug policy, and homelessness, poverty, and sex workers' rights. She might be best known for her role in the Bedford situation, but Pivot is more than that and often has intervener status in important Supreme Court of Canada cases, including the current one on required minimums. She is also talented at bringing on board highly admired counsel to work pro bono on a number of these cases that may definitely affect the lives of some of the town, and country's, most vulnerable citizens. What voters had to say: Unbelievable devotion to social justice at every level with keen passionate intelligence. She has helped alter draconian laws that threaten the lives of sex trade workers and restore dignity to individuals who've been marginalized.

Allison Dellandrea

Crown counsel, Ministry of the Attorney General,Toronto, Ont. Dellandrea was a key player in advancing the understanding of crimes against children by law enforcement officers, fellow lawyers, and the judiciary. She was included in a child sexual abuse case in March where Ontario's former deputy education minister Ben Levin pleaded guilty to child pornography related fees. The charges included making composed child porn, counseling a person to commit a sexual assault, and possession of child porn. Dellandrea's role as a Crown includes being the instruction lead for Ontario's provincial plan on Internet crimes against children. She is an instrumental leader in this region within the justice section. What Republicans needed to say: Allison is a tireless resource and is the penultimate legal head for a prosecutorial place on all things associated with child abuse and sexual assault offences. For such a difficult subject that inherently involves quite reckless emotional and legal problems, Allison always has time to offer sound guidance to other Crowns prosecuting these very difficult and sensitive offences. Her efforts have made a tangible difference in making our society safer.

Mark Tamminga

Partner, Gowling Lafleur Henderson LLP, Hamilton, Ont. Tamminga has devoted his career to automating lawful practices. His information technology focus started in 1986 while he was a law student and was given the job of systemizing the production environment for files. Ever since then, Tamminga's capability for legal technology has just grown with Gowlings LLP. Three years ago, he had been named Gowlings' Innovation Initiatives leader. He is responsible for automating the Gowlings recovery services practice. He has designed and built a number of additional training systems in the fields of debt collection, loan placement, and civil litigation. His role has required re-thinking that the thornier aspects of large firm operations: managing cultural change, causing client-side thinking, and constructing the reimbursement mechanisms, which drive new behaviour. What the panel had to say: Tamminga has shown actual vision in handling tough issues that many law firms aren't quite prepared to take on.

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zzofro · 5 years

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Top Canadian Lawyers

Justice Beverley McLachlin

Chief justice, Supreme Court of Canada, Ottawa, Ont. A common member of the Top 25 list and the very best vote-getter in years past, McLachlin continues to make waves, handing down two very important decisions on aboriginal law. The 2014 Tsilhqot'at Nation v. British Columbia decision directed by McLachlin is the earliest of its type in the history of British Columbia. This past year the Supreme Court of Canada granted announcement of aboriginal title to over 1,700 square kilometres of land. She's responsible for upholding the decision of the Ontario Court of Appeal in Keewatin v. Ontario (Natural Resources) published in July 2014, she has overhauled what the Lamer court began and has left her mark in this region for decades ahead. The chief justice is still a powerful proponent of justice for all Canadians. As her unbelievable amount of votes once more this year reveal, McLachlin is greatly admired not only for her rulings but her public aid in favour of free speech, diversity, and comprehensive direction. What voters had to say: A brilliant judge that, time and time again, marries the legislation with common sense. Justifiably most respected legal mind in the nation; outstanding integrity; trusted public servant; clearly guided by the law and a strong ideology.

Allison Dellandrea

Crown counsel, Ministry of the Attorney General,Toronto, Ont. Dellandrea was a key player in advancing the understanding of crimes against children by law enforcement officers, fellow lawyers, and the judiciary. She had been included in a child sexual abuse case in March where Ontario's former deputy education minister Ben Levin pleaded guilty to child porn related charges. The fees included making composed child porn, counseling a individual to commit a sexual assault, and possession of child porn. Dellandrea's function for a Crown includes being the instruction lead for Ontario's provincial strategy on Internet crimes against children. She is a worthy pioneer in this region within the justice section. What Republicans needed to say: Allison is a tireless source and is the penultimate legal head to get a prosecutorial place on all things related to child abuse and sexual assault offences. For such a difficult subject that inherently involves quite taxing emotional and legal issues, Allison always has the time to provide sound advice to other Crowns prosecuting these very tough and sensitive offences. Her efforts have made a concrete difference in making our society safer.

Alice Woolley

Professor and associate dean-academic, University of Calgary Faculty of Law, Calgary, Alta. Woolley is a true changemaker in the area of technology and law in addition to law regulation. She's been a valuable member of the Canadian Bar Association's integrity and professional responsibility committee. Her job with the CBA Futures job as an ethics and regulatory issues team member is really making a mark at the legal community. Woolley is responsible for sweeping educational changes as chairwoman of the committee that developed and embraced significant curricular changes at the University of Calgary's Faculty of Law, which concentrate on the practical elements of legal education and will come into effect in September. What Republicans needed to say: Leading expert on legal profession and integrity; once she speaks, people listen. Alice is a pragmatic visionary. Teaching law students in a means that will prepare them for a 21st century clinic is of crucial importance to the future of our profession.

Lorne Waldman

Waldman & Associates, Toronto, Ont. Waldman is a great defender of refugees, immigrants, and human rights. He has won a variety of significant victories, including health care for refugees in Canadian Doctors for Refugee Care v. Canada and a woman's best to wear the niqab while making her citizenship oath in Ishaq v. Canada together with his associate Naseem Mithoowani. In addition, he argued at the Supreme Court of Canada in J.P. v. Canada and G.J. v. Canada, that Canada's anti-human smuggling provisions must include asylum seekers participating in mutual assistance. Along with Peter Edelmann, he acted on behalf of the CBA from the Harkat case prior to the SCC at 2014. On the global stage, he represents Mohamed Fahmy (alongside Amal Clooney), the Canadian journalist working for Al Jazeera. He's also been a vocal opponent of Bill C-51 and changes to Canada's citizenship law. What Republicans needed to say: Lorne reminded us all, especially today, to preserve democracy and to maintain the rule of law.

Sara Cohen

Founder, Fertility Law Canada in D2Law LLP, Toronto, Ont. Cohen has devoted her career to two actions that have changed the practice of fertility legislation to the better in Canada and outside. She has spent countless hours teaching and mentoring on the subject of fertility as an adjunct professor, at home and abroad. Her collegiality in a highly aggressive region of the law, truly underlines Cohen's dedication to enhancing the practice of fertility legislation. More importantly she pushes for change she wishes to see in this burgeoning area of the law. Current lobbying attempts are certain to repay; among them to obtain coverage for in vitro fertilization services through Ontario's health plan in addition to modifications to the family law legislation that would clarify a sperm donor is not a parent only by virtue of being a donor. Finally, she's the very first adjunct professor in the country to give a course solely dedicated to reproductive law in Canada, helping clear the path for future area professionals. What voters had to say: Sara has been instrumental in improving the law in assisted reproductive technologies. Genuinely cares about her field of expertise. This isn't simply a job for Sara, it is her passion.

Fred Headon

Assistant general counsel, labour and employment law, Air Canada, Montreal, Que. As chairman of the Canadian Bar Association's Futures Initiative, Headon has contributed more than 25 presentations to attorneys, law professors, professors, librarians, law firm personnel, and labs from Toronto to Buenos Aires, Victoria to Halifax, in person and online. The Futures report has been released in August 2014 and its own recommendations put Headon squarely in the middle of many vital discussions on topics crucial to the profession. He continues to direct the Futures steering committee as it now turns its recommendations into actions. Headon is an integral component of the debate about the future of this profession and he had been the very first in-house counselor to eventually become the president of this CBA. What voters had to say: Brings energy and decency and the smarts to everything he does.

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jamesgeiiger · 6 years

Text

What you need to know if you are considering getting a divorce in 2019

A New Yorker cartoon famously pictures two young children admiring their Christmas tree. Presents are stacked so high, the tree is barely visible. The older child sagely says to her younger brother, “Cherish this moment, because clearly our parents are getting a divorce.”

Family lawyers are often inundated with new client calls in early January. For those readers who feel their marriages are beyond repair and are considering picking up the phone to make one of those calls, here are some words of advice.

Understand the legal implications of your decision

The financial consequences of a separation are far-reaching and long-lasting. Look before you leap. After you have googled “what to know about divorce in Canada” — and before you’ve told your spouse you’re separating — speak to a reputable lawyer who regularly practices family law about your specific circumstances.

‘I’ve seen people cleaned out’: Divorce later in life comes with its own special set of problems

Why Ottawa’s changes to the Divorce Act don’t go far enough

Alienating a former spouse may come with a cost in family court

Choose your lawyer wisely

While many lawyers practice family law, it may be difficult to find a lawyer who is right for you. A separation can be emotional, draining and expensive. The family lawyer you choose must be someone with whom you communicate well, and who can provide you with options, a plan and next steps. A family lawyer who has been referred by other professionals you know and trust is always a good bet. Don’t be unduly swayed by online rating services: many are written by unhappy opposing spouses who were never clients of the lawyer they rated!

Provincial law societies (the regulators of lawyers in Canada) will provide information about whether the lawyer has ever been subject to discipline or regulatory proceedings.

A good family lawyer will also check to ensure that there is no conflict in meeting with you before they speak with you, and will either send a detailed questionnaire or have a staff person do an initial interview in advance of the first meeting to ensure that the time spent with the lawyer is as productive as possible.

Don’t change the status quo without understanding the implications

Before you tell your spouse you want to separate, you should know the answers to some of the most commonly asked questions when it comes to divorce and separation. These include:

When should I tell the kids we’re separating?

The timing usually depends on when one of the parents intends to move out. If possible, it is best for you and your spouse to tell the kids together. Even if you each have to speak to them separately, do not blame the other spouse for the separation, no matter how it arose. Remember, the kids are caught in the cross-fire of your personal decisions. No matter how self-righteous you feel about the separation, the kids should not be expected to take sides.

Once I’ve decided to separate, can I move out?

If you move out of the matrimonial home, it may affect your position with respect to shared parenting of the children.

Once we’ve separated, can I force my spouse to move out?

It depends on the circumstances. In Ontario, no matter which spouse has title to the house, neither can require the other to move out unless there is a court order or an agreement.

If I move out, do I have to keep paying the mortgage?

When you move out, you are likely still obliged to pay your share of the mortgage, taxes and insurance for the matrimonial home until the support arrangements have been resolved.

Can I stop depositing to the joint account, either before or after I’ve moved out?

It depends on the support arrangements made and the income of each spouse. It is usually unwise to stop depositing to the joint bank account, if your spouse has no significant independent source of income. Cutting off a dependent spouse will almost inevitably mean you will end up in court.

What if we’ve separated but have decided to go to marriage counselling?

If you go to marriage counselling after you’ve separated, this could change the date of separation, which, in provinces like Ontario, is the date on which your property is valued for equalization purposes. Depending on how long counselling continues, it could also change the date you are entitled to move for a divorce.

How do I stay out of court?

Remember, you control only half of this decision, as either you or your spouse can start litigation. Generally speaking, the more reasonable your legal position, the less likely you will end up in court. It is also worthwhile considering whether you want to go to mediation or arbitration, which are private processes where your personal details are not on the public record.

Use your lawyer wisely

A lawyer can be used on a “limited retainer” basis (meaning the lawyer is used only for one specific task or for advice), or for the entirety of the process. A good working relationship with your lawyer depends on two things: the separated spouse doing the tasks required of her or him, and of course, the lawyer being similarly well-prepared.

To resolve the legal issues arising from a separation, each spouse must provide full financial disclosure within a reasonable period of time. Even if you weren’t in charge of the finances for your family, there is an obligation on each spouse to fill out the forms accurately and obtain the back-up documents. Telling your lawyer that “she knows everything I have” doesn’t satisfy the court’s test of full financial disclosure. The less you do, the more your lawyer and his or her staff must do; your costs will go up correspondingly. And remember that agreements can be set aside by the court if there has not been full financial disclosure.

Have realistic expectations

Separation begets anxiety. It is rare that both spouses are at the same emotional stage at the same time. Not all issues are time-sensitive: it is sometimes worthwhile to hit the ‘pause’ button when resolving some problems to let the other spouse catch up.

Recognize, too, that spouses’ personalities are unlikely to change after separation. If your spouse was angry and thoughtless about your feelings before separation, those tendencies will be exacerbated after separation. Hot button topics that caused fireworks in the past will not suddenly become smooth sailing.

Laurie H. Pawlitza is a senior partner in the family law group at Torkin Manes LLP in Toronto. [email protected]

What you need to know if you are considering getting a divorce in 2019 published first on https://worldwideinvestforum.tumblr.com/

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mikemortgage · 6 years

Text

What you need to know if you are considering getting a divorce in 2019

Understand the legal implications of your decision

‘I’ve seen people cleaned out’: Divorce later in life comes with its own special set of problems

Why Ottawa’s changes to the Divorce Act don’t go far enough

Alienating a former spouse may come with a cost in family court

Choose your lawyer wisely

Provincial law societies (the regulators of lawyers in Canada) will provide information about whether the lawyer has ever been subject to discipline or regulatory proceedings.

Don’t change the status quo without understanding the implications

Before you tell your spouse you want to separate, you should know the answers to some of the most commonly asked questions when it comes to divorce and separation. These include:

When should I tell the kids we’re separating?

Once I’ve decided to separate, can I move out?

If you move out of the matrimonial home, it may affect your position with respect to shared parenting of the children.

Once we’ve separated, can I force my spouse to move out?

It depends on the circumstances. In Ontario, no matter which spouse has title to the house, neither can require the other to move out unless there is a court order or an agreement.

If I move out, do I have to keep paying the mortgage?

When you move out, you are likely still obliged to pay your share of the mortgage, taxes and insurance for the matrimonial home until the support arrangements have been resolved.

Can I stop depositing to the joint account, either before or after I’ve moved out?

What if we’ve separated but have decided to go to marriage counselling?

How do I stay out of court?

Use your lawyer wisely

Have realistic expectations

Laurie H. Pawlitza is a senior partner in the family law group at Torkin Manes LLP in Toronto. [email protected]

from Financial Post http://bit.ly/2Ap9fCU via IFTTT Blogger Mortgage Tumblr Mortgage Evernote Mortgage Wordpress Mortgage href="https://www.diigo.com/user/gelsi11">Diigo Mortgage

#IFTTT #Financial Post

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legalseat · 6 years

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The Flaws of the Criminal Justice System—A Law Student Perspective as a Hopeful Aspiring Criminal Lawyer

This blawg entry is written by a second year Law Student at Robson Hall—reflecting on the inherent issues surrounding the Criminal Justice System, as well as contemplating what does soon graduating from law school look like for individuals who are interested in Criminal Law?

The purpose of addressing such problems is to reflect on some reoccurring themes I have struggled with throughout my education and feel that will continue to be ongoing issues as students soon become lawyers. First, I will address the much needed remodeling that is necessary of the Criminal Justice System. This is discussed to question whether the option of diverting matters to alternative measures is the correct method to affect change. Second I will discuss, the current issue of trial delays relating to section 11(b) of the Charter. Third, I will discuss the embedded and permeating problem of Indigenous individuals overrepresentation in incarceration in the Criminal Justice System.

The Criminal Justice System is undergoing a much needed overhaul in relation to delays in criminal trials, as well as attempting to implement more programming that essentially would divert more criminal charges.i The proposed solution of diverting more charges at first blush seems like an excellent decision, especially when framed as “this is about creating safer communities, it’s about creating better access to justice”. ii Access to justice has been a hot button phrase in Canadian legal circles. When the news centers their focus around creating better access, the view to Canadians is that a solution is on the horizon.

In reality, regarding matters that are diverted, one can question whether the individual should have been charged in the first place.

One avenue to question in this regard is Zero Tolerance Policies for domestic violence assaults. Zero Tolerance policies can result in both the abuser and the victim being charged when police are called about domestic violence. This in essence leads to a re-victimization of the victim, who now may have to go through criminal proceedings. Although the view of diverting matters to programming causes both society and law students alike to question “well who would not benefit from a bit of counselling”iii, should the individuals have been charged in the first place? If the Crown allows the matter to be diverted, if the client agrees to programming or if they can afford to pay for some expensive programming and complete said programming, the result is that the charge is dropped. A common occurence is when Diversion Letters are out while a matter is in Pre Trial Court, without the client even having an understanding of the process nor having the financial funds to pay for the program. Law students , nonetheless, also cite diversion as “the best possible outcome for individuals because with sending a matter to trial there is no guaranteed result”.iv

Principally, I will agree that diversion programming offers an opportunity to clients that provides good results, if completed. What I again question, is whether charges should have been laid in the first place. Another issue, not discussed in the media, is what is the cost of aforementioned programming?

What also needs to be discussed is the difficulty of obtaining employment, even with a stayed charge. Employers often ask potential employees the question “have you ever been convicted of a crime” as well as “have you ever been charged of a crime”. In situations where domestic violence charges have been diverted, individuals are left with the choice of lying on employment applications, or with the probability of being rejected for employment opportunities. The Manitoba Prosecutions for the Provincial Crown does have a Specialized Unit that processes domestic violence claims. But is that enough? Some Canadian cities have specialized domestic courts.v In areas which have specialized courts for domestic violence, these courts recognize that without such an integrated mechanism families are left with some of their matters in the criminal justice system, while their other matters are in the family justice process.vi Without an amalgamated system, families are left with significant financial strain from two different types of court proceedings, and there often exists duplicated decisions vii. As a law student, I echo fellow students who suggest diversion as the best possible outcome, but I also question what that means for clients. Clients who are not equipped with legal assistance to help them with their family law matters and clients who are not sure about their future employment in such a situation will be affected.

Critics such as Martin Friedland while reflecting on Criminal Justice Reform in Canada historically find the system to be just as “ineffective, inequitable, and inconsistent” when compared with the past 50 years of progress.viii Friedland mentions numerous causes for such problems as: large numbers of individuals being held in custody pending their trial; police opting out of their ability to allow for release; while justices of the peace’s require strict guidelines such as sureties.ix The last critique Friedland lists is being that of the rising number of reverse-onus provisions that the Criminal Code now places on individuals in regards to release.x At the end of the day, the Criminal Justice System changes at a glacial pace, leaving those charged often in limbo. As a form of electoral campaigning politicians suggest new solutions to change the system, meanwhile it is debatable whether the newest diversion focused lens is the answer.

Clearly, the Criminal Justice System in Canada is flawed. What is more troubling is the recent decision of R v Jordan. There is no real debate to be had, section 11(b) of the Charter outlines that “any person charged with an offence has the right to be tried within a reasonable time”. The heart of the issue becomes the arbitrary “presumptive ceiling” created from Jordan in which there is a pre-determined length of time for a criminal court matter to take. As somewhat of an activist, I stand behind the Charter along with the decisions set out in both Jordan and Cody.xiii There should be a maximum fictitious limit that criminal matters are heard within, again with reference to section 11(b) of the Charter.

The issue I take with the presumptive ceiling is the effect that it is having on the justice system as a whole. There is a saying, maybe, that any change is good change. Truthfully, the cases of Jordan and Cody are the the state responding to delays by implementing ideas such as more diversion, without mention of where the financial assistance is coming from to run such programs. Our system requires more. The Criminal Code of Canada is modified continuously, but there has been no true restructuring of the Code in a long time.

Interestingly enough, the Federal Government of Canada recently tabled new legislation that is thought to address the issues of delays. The bill recently introduced proposed to amend the Criminal Code in the following ways:

“(1) get rid of peremptory challenges of jurors and change the way juries are selected; (2) increase the maximum sentences for repeat domestic abusers;

(3) restrict the use of preliminary inquires to serious offences;

(4) change the way to handle offences such as failing to appear or breaching release conditions; and

(5) remove parts of the Code that have been found unconstitutional.”xiv

Carissima Mathen, a University of Ottawa law professor commented that “the bill could tackle the issue of judicial delays…but the federal government doesn’t have control over the criminal justice system since it’s administered by the provinces”.xv Bill C-75 sounds promising, but the inherent issue of division of powers, and true implementation of such drastic changes are yet to be known. Undoubtedly, Jordan is having an effect on the Federal Government, not just individual provinces. CTV’s article on Bill C-75 later highlights cases in which unreasonable delays have let off individuals charged of first-degree murder or child abusers. What is left unstated in the media remains the Charter rights of those individuals accused of crimes, nor is there any mention of the presumption of innocence or how such delays impacted the individuals charged.

What else is left unsaid in the media, by lawyers, or individuals accused of crimes? Two things come to mind, first is Indigenous Overrepresentation in the justice system. R v Gladue xvi was decided in 1999 while R v Ipeelee xvii is more recently decided in 2012. Yet, statistics show that Indigenous Overrepresentation continues to rise, instead of decrease. Carolina Repila quoted statistics from the Public Safety Canada Portfolio Corrections Statistics Committed that “offenders who are Canadian Aboriginals, as opposed to non-Aboriginal Canadians, tend to get into the legal system at a younger age, stay in prison longer, and are placed in medium or high security jails”.xviii In the Criminal Code section 718.2(e) specifically states that Aboriginal offenders should be given all other reasonable sentences, instead of incarceration.xix Again, promising legislation, or government action taken to appear as though change occurred. Yet Indigenous overrepresentation in incarceration continues to be a ubiquitous Canadian problem.

Second, tied into the problem of Indigenous overrepresentation is the utilization of guilty pleas. Carolina Repila mentions that Indigenous individuals are also more likely to plead guilty to crimes, whether they committed them or not.xx Repila referenced the Report of the Aboriginal Justice Inquiry of Manitoba,xxi which recognized reasons such as the inability to afford bail, the risk of losing their jobs, homes and children’s custody as explanations why Indigenous individuals often take the early plea deal. Are Indigenous individuals taking early plea deals because legal aid funding is so scarce that they are not even eligible to be funded? The financial maximum for qualifying for a criminal matter in Manitoba in a family unit of one size is $23,000.xxii The maximum slowly increases with family size, but ultimately only exists for individuals in extreme poverty.

Criminal law and justice has transformed over the years with substantial societal perspectives being at the forefront of change. But there still exists deep-seeded perceptions of individuals interested in Criminal Law. As a law student, I try to learn as much as I can, but I know there is still a lot to learn. I enjoy having discussions surrounding the law as well as hearing other people’s divergent perspectives. What troubles me about to be criminal lawyer/law students perceptions is the ideals that people become so invested in one position. They do not take the time to learn both perspectives, even though as a law student we are encouraged to put ourselves in the other persons shoes, thinking of an ‘in the alternative answer’.

One example that comes to mind is individuals who are interested in Criminal Law but only want to work for the Crown Prosecutors. I tend to air on the side of caution of thinking so definitively, but their reasoning often rests upon not wanting to represent ‘criminals’. To this day I still fear for those people, especially since some of them will likely become Crown Prosecutors. This fear is not unfounded, when people go into a profession with these negative connotations about the ‘accused’, I think the idea of justice goes out the window. The ingrained issues with the justice system will undoubtedly be missed or ignored when people do not turn their minds to other standpoints. Thus, the fear I have rests upon the fact that those individuals will not seek change, they will not advocate for the public interest but embody something different.

One further illustration rests upon a contentious article written by Bruce Pardy. I am not taking a position on his article or writing style as a whole but only suggest the reality of one statement “inside today’s law schools, expressing dissent on politically correct initiatives can earn you scorn and contempt”.xxiv I reference Pardy only to highlight the point that we as law students should be able to hold opposing views to engage in a dialogue of varying perspective without such scorn and contempt.

To end on a positive note, I wanted to reflect on the multitude of inherent problems with the justice system as a law student interested in criminal law, because I think it is important to recognize the flaws. While at the same time, not losing sight of what has to change within our system. Often individuals enter law school with the perception that they will change things, but the reality of student loans, life responsibilities and the substance of finding articling or job prospects afterwards changes people. Those who initially wanted to advocate for injustices often become jaded by criminal law, and the ability for people to actually affect change. Individuals in the justice system often rely on legal aid certificates or minimal means. Who has the time or money to see justice go to the Courts of Appeal, never mind the Supreme Court?

I briefly cited fundamental issues of the justice system, because I do not want to be one of those individual’s that loses sight of the bigger picture. Law reform although promised to Canadians, is not likely to happen any time soon. The truth of the matter is that the solutions offered both by the Federal and Provincial governments often are band-aid solutions that do not resonate or stick.

In the real world though, with a specific focus on the Canadian’s justice system, something has got to give. More change than suggested, is required. As a student interested in Criminal Law, I cannot lose sight of the advocate I want to become.

Endnotes

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