Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only.  If you need legal advice with respect to getting a separation agreement in Ontario, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).  We have Toronto and Ottawa family law lawyers registered on Dynamic Lawyers who can offer information, advice, and assistance with respect to your separation agreements.

The Ontario Family Law Act governs separation agreements and their validity. Separation agreements must be in writing, signed and witnessed [s. 55(1) of that Act]. Independent legal advice is not a formal requirement, but highly advisable to prevent challenges to the contract on other grounds.

Separation agreements or certain provisions therein can be contested and declared invalid if:

1. a party failed to disclose to the other party significant assets or significant debts or other liabilities which existed when the separation agreement was made;
2. a party did not understand the nature or consequences of the separation agreement; or
3. the agreement or a provision therein was not made in accordance with the law of contract (i.e. there was fraud, duress, undue influence, the contract is unconscionable, etc.).

Remember: while separation agreements resolve family matters when you separate, they do not legally end your marriage. The only way to do this is to get a divorce. Only a court can give you a divorce. To proceed with an uncontested divorce, a party will need to complete and submit the divorce forms, pay the required court fees, and follow the court rules and procedures. It is always advisable to retain legal counsel to avoid potential pitfalls in obtaining a divorce that will not later be contested.  To know more about getting an uncontested divorce in Ontario, read my previous blog.

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Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only.  If you need legal advice with respect to getting an uncontested divorce in Ontario, you should seek professional assistance (e.g. make a post on Dynamic Lawyers).  We have Toronto and Ottawa family law lawyers registered on Dynamic Lawyers who can offer information, advice, and assistance with respect to your uncontested divorce matters.

There were a number of issues that YWCA members identified during today’s presentation which I would like to discuss in more detail over the next few blogs.  One of the issues that came up was getting an uncontested divorce in Ontario.

So we begin with the assumption that a couple has signed a separation agreement to settle all family issues between them (e.g. equalization, the matrimonial home, child and spousal support, etc.).  While separation agreements resolve family matters when you separate, they do not legally end your marriage. The only way to do this is to get a divorce and only a court can give you a divorce.

To proceed with an uncontested divorce, a party will need to complete and submit the divorce forms, pay the required court fees, and follow the court rules and procedures. It is always advisable to retain legal counsel to avoid potential pitfalls in obtaining a divorce that will not later be contested.

Divorce
The Federal Divorce Act governs divorces in Canada. The only ground for divorce in Canada is “breakdown of the marriage” [s. 8(1) of that Act]. A “breakdown of the marriage” includes having lived separate and apart for at least a year, the commission of adultery by one of the spouses after the marriage, or one spouse having treated the other with physical or mental cruelty of such a kind as to render continued cohabitation intolerable [s.8(2) of the Act].

Documentation
The Family Law Rules governs the process for getting a divorce. To start the process, either spouse can file an application [this party is called the applicant] naming the other spouse as a respondent or both spouses can file a joint application with no respondent [s. 36(1) of those Rules]. The following documents must also be filed: a marriage certificate and, if applicable, a report on earlier divorce cases started by either spouse [s. 36(4) of those Rules].

If the respondent files no answer, or files one and later withdraws it, the applicant must file an affidavit (Form 36) that confirms that all the information in the application is correct [s. 36(5) of those Rules]. Also, three copies of a draft divorce order must be provided (Form 25A) with a stamped envelope addressed to each party [s. 36(6) of those Rules].

Getting the Divorce Certificate
When these documents have been properly filed with the court, the court clerk will prepare a certificate (Form 36A) and present the documents to a judge for review. If the judge accepts the clerk’s certificate, then he/she shall sign and mail it out to the parties. The amount of time it takes to receive the clerk’s certificate depends on how busy the court is: estimates range from two weeks to five months, depending on the jurisdiction (i.e. city in which you live).

Once a divorce “takes effect” it has legal effect throughout Canada [s. 13 of the Divorce Act]. Unless special circumstances exist and a court orders otherwise, a divorce takes effect on the thirty-first day after the day on which the order granting the divorce is rendered [s. 12(1) and (2)]. Once the divorce takes effect and provided no appeal has been filed, either party can obtain a divorce certificate [Form 36B] for a small fee (e.g. $20). Parties can obtain this document on a same-day basis in most courts and will need this certificate in order to remarry.

Lawyer’s Duties
Every lawyer acting on behalf of a spouse in a divorce proceeding must follow the provisions of the Divorce Act that have as their object the reconciliation of spouses.  Lawyers must discuss with the spouses the possibility of reconciliation before the application is signed (including the availability of marriage counseling or guidance facilities that might be able to assist the spouses in achieving reconciliation).

The lawyer does not have to comply with this section where the circumstances of the case are of “such a nature” that it would clearly not be appropriate to do so [s. 9(1) of that Act]. The lawyer must also discuss with the spouse the advisability of negotiating matters that may be the subject of a support or custody order and to inform him or her of the mediation facilities known to the lawyer that might be able to assist the spouses in negotiating these matters [s. 9(2) of that Act].

Fees
According to our latest report on legal fees in Toronto (wherein we telephone interviewed 500 lawyers over a 3-month period about their legal fees), the typical legal cost (excluding government fees) for an uncontested divorce is about $1,000.  Government fees are about $400-$500 (in Toronto at the present time, for example, it costs $167 for the initial application, $280 for a judge to review the application, and $19 for the divorce certificate).

written by admin \\ tags: adultery, divorce forms, divorce in canada, divorce in ontario, divorce matters, family law lawyers, family matters, federal divorce act, getting a divorce, ground for divorce, matrimonial home, ottawa family law lawyers, professional assistance, separation agreement, separation agreements, toronto family law lawyers, uncontested divorce

Today’s Dynamic Lawyers presentation to the YWCA was a hit!  I introduced long-time family law litigator and the founder of the Hope Centre for Family Law in Ontario, Steven Bookman, to the Scarborough YWCA’s members and staff.  During his brief introduction, Steven spoke about the importance of settling, common and practical issues that arise in litigation, and the avenues available for self-help litigants (e.g. www.Divorce-Advice-Ontario.com).  Thereafter, Steven spent the next hour answering any and all questions the audience had about family law.  The issues ranged from getting a divorce certificate, custody and access, dealing with abuse, and spousal and child support.  Issues of employment and immigration also came into the discussion and Steven was able to address those as well.  All in all, I was very impressed by the level of engagement during today’s presentation and the overall need for services such as Dynamic Lawyers and www.Divorce-Advice-Ontario.com.  Many people – particularly women – cannot afford to spend hundreds of dollars an hour on lawyer fees.  That’s why there is a new trends towards unbundled legal services to help self-represented litigants get the answers they need by guiding them to understand their substantive rights and court processes.  All in all, a very good presentation – one I’m sure Steven and I will be repeating in the not too distant future.

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In yesterday’s Globe and Mail, Rob Carrick interviewed two Ottawa investor litigators in his article “The hired guns: ‘Problem is people finding us’”.  I couldn’t resist e-mailing Rob because some people do in fact use Dynamic Lawyers to seek out Toronto and Ottawa lawyers concerning suing their investment advisers.  While this approach is somewhat novel – and in stark contrast to relying on word of mouth referrals from lawyers and other advisers – it will only continue in popularity as more and more people hop on the Internet and use search engines like Google and Yahoo to find lawyers who can assist them.

written by admin \\ tags: globe and mail, investment advisors, lawyers, rob carrick, search engines, toronto, word of mouth

I thought it would be worthwhile to outline some tips when it came to legal drafting that I often educate my clients on.  This shows why legal kits aren’t as good to protecting your rights and promoting your interests as an experienced lawyer is – particularly when you need to negotiate the terms and conditions of an important agreement.  So, without further adieu, here are my 10 big tips:

1. Organize your thoughts. I have a general rule about this: 1 idea per sentence, 1 idea per paragraph.  Keep things simple and make sure it flows naturally.
2. Use clear language. I can’t say this enough.  If you have the option of using lots of words to get your thoughts across, it’s likely going to get confused.  You’d better cut up your sentence into clauses and then make those clauses separate sentences, each expressing only 1 idea.
3. Know your audience. At the end of the day, your contract – for it to mean anything – must be capable of being enforced through litigation.  Therefore, write your contract with a judge in mind.
4. Anticipate concerns. There are lots of things you may not realize could impact the interpretation of your agreement at the time you write it.  Try to anticipate those situations by looking for precedents and asking around.
5. Use precise language or wishy-washy language to suit your needs – just realize when to use it! If you’re a commercial tenant, you may want to use very loose language when it comes to the types of businesses you can operate in the leased premises (to give you flexibility); you may also want very broad language when it comes to an exclusivity clause which restricts te landlord from leasing out adjacent premises to competing businesses (so more types of businesses are captured).
6. What are the consequences? If your intention is to create an enforceable agreement, then you should spell out the consequences of breaching the agreement or a specific provision therein.  Also, you should – when it is to your benefit – indicate WHO is the decision maker when it comes to things like breaching the document.  By this, I mean: if there is an alleged breach, then under the agreement, final decision-making authority for making that call is Party X.  This puts the power in that party’s hands.
7. Less is more. You’ve heard it before, but it’s still worth repeating: use smaller words, smaller sentences, smaller paragraphs, smaller everything to get your message across.  Too many words and things get messy.  Also, if you have the option of using smaller words to get the message across, use them!
8. Don’t use legalese unless you know what it means! Legalese is comprised of archaic words and phrases that only lawyers should be bothered with deciphering.  They often have specific meanings which are beyond the knowledge or understanding of the lay person.
9. Leave room for amendments later on. Sure, you might not get everything you wanted down in one shot, so just make a provision in your agreement that things can change through mutually agreed upon (in writing) amendments.
10. Keep learning! There are always new techniques to better legal drafting so research them by reading books, articles, etc.

At the end of the day, if you need a Toronto or Ottawa lawyer, just go to Dynamic Lawyers and make a post of your legal drafting wants, needs, etc.

written by admin \\ tags: lawyer, legal drafting, litigation

Law Firm SEO or search engine optimization is as much about the number and quality of links coming into your website as it is about how your website content has been search engine optimized.  In this blog, I’ll be discussing some of the more important things to keep in mind about inbound links.

In the world of the Internet, links are the relationships or building blocks upon which search engines (e.g. Google and Yahoo) determine the popularity of your website.  Search engines look at the web pages that are linking to your site to determine their relevancy (by examining things like link text, title of the web page, tags, and the URL).  Interestingly enough, you want to make sure that inbound links and websites from which they are coming have the keywords that your are optimizing your website for.  So if you want to target “Toronto auto dealership” (exactly in that order), then you want your inbound links to be written – preferably in bold and in large font – using those words in that order.

You will also want to try to ensure that the inbound link to your website which appears on other websites is not buried deep inside those websites; the more difficult it is to find; the easier the link is to find, the better!

So how do you increase the number of good quality inbound links to your website?  The best way is the most natural: have good quality and regularly updated content that targets your keywords.  You can also set up a link-exchange program or form on your website, where you agree to share links with other relevant websites.  Look at competitor websites or websites that are popular for particular keywords and ask them if they’d be willing to link to your website.

Happy SEOing!

written by admin \\ tags: building blocks, competitor, inbound links, internet links, law firm search engine optimization, law firm seo, link exchange program, optimizing your website, relationships, search engine optimization, seo, website content, website search engines

Looking for a Notary Public (often misspelled as Notory Public) or Public Notary (again, often misspelled as Public Notory) in Toronto or Ottawa?  Go to Dynamic Lawyers and make a post to find a local Notary Public who can help you notarize your documents.

In this blog, I’ll be discussing what exactly is a Notary Public in Ontario. A Notary Public is simply someone designated as such to give official recognition to certain government or private transactions or documents.  As always, we start with the enabling legislation – in this case, the Notaries Act.  That Act provides that an Ontario Barrister and Solicitor can automatically become a Notary Public.  After getting called to the Bar, I simply had to get an embosser, fill out a form, and pay a one-time fee ($145) to the Ontario government.

Everyone else who wishes to become a Notary Public must apply .  To become a Public Notary (in case you are not a lawyer), you need to be Canadian citizen.  You also need to be available for examination and re-examination in regard to his or her qualification for the office of Notary Public by a judge of the Superior Court of Justice (in the area in which he or she resides).  The latter must find that the applicant is qualified for the office and is needed for the public convenience in the place where the applicant resides and intends to carry on business.  This is all covered under s. 2 of the Act.  Finally, that person must obtain an embosser (about $60) and pay a one-time fee to the Ontario government ($110).

The power of the Notary Public is set out in ss. 2(2) and 3 of the Act.  Generally, if the Notary Public is not a lawyer, then he or she may have restrictions imposed upon them.

Some of the types of transactions and documents which a Notary Public can assist you with includes:

• Administering or commissioning oaths
• Taking affidavits, affirmations, acknowledgments, or declarations
• Certifying documents as true copies
• Assisting with certain immigration documents (e.g. passport application, permanent residence card application, consent to travel documentation, etc.).

Section 5 of the Act provides that a Notary Public need not affix their seal to an oath, affidavit or declaration for it to be valid.

Remember: if you need to find a Notary Public in Toronto or Ottawa, just go to Dynamic Lawyers and make a post.  It’s 100% free and anonymous and easy to use.

written by admin \\ tags: acknowledgments, affidavits, affirmations, barrister and solicitor, canadian citizen, court of justice, declarations, embosser, notary public in ontario, oaths, ontario government, private transactions, public notary, public notory, time fee, true copies

As a lawyer, I’m a bit biased towardspeople relying solely on legal form kits to protect their rights and promote their interests. I could be wrong here (and I’ll be the first to admit) because I haven’t done my due diligence as to what kinds of services are available.  But it’s worth voicing my concerns from the get go.  For starters, who drafted the legal forms? According to which laws?  Are they constantly updated (as laws do change)? Are they drafted the way you want them to be? Also bear in mind that there are always two sides to every agreement and the language in the agreement is negotiated to reflect that. So if you want the language to be clear and precise (because it would be in his or her favour) but your spouse wants the language to be vague and wishy-washy (because it would be in his or her favour), then how could a kit reflect that? While drafting your own agreement is a good start, I would recommend that you go to Dynamic Lawyers to find a Toronto or Ottawa lawyer to assist you once you’ve decided what kind of agreement you need.  Remember, an ounce of prevention will ultimately save you a pound of pain…

written by admin \\ tags: ..., lawyers, legal forms, legal kits, ottawa lawyer, toronto

I am a lawyer and a business owner.  It wasn’t easy becoming either.  With respect to being a business owner, I learned a valuable lesson from my past about the proper structure that works for businesses in which I am involved.  It has a lot to do with me and how I work and operate, but I don’t mind sharing.

Many years ago, I started a corporation while I was doing my undergraduate degree at U of T.  I started the corporation with 4 of my best friends and my cousin.  There were 6 of us total.  We handn’t settled on a particular business for the corporation to be involved in, but we started it anyway and said ‘that part will come to us later’.  Boy were we ever wrong.  Each of us had equal decision-making powers, equal votes, and equal shares.  As I’m sure you guessed, nothing got done.  Whenever I or someone else came up with an idea, we could never reach concensus or even a majority.  There was bickering and a lot of time wasted on business plans and meetings.

Sufficed to say, I’m glad I had that experience and I’m glad that we didn’t end up doing anything with that company.  It was a great learning experience because I got to see first hand how business and friendship mix, how to start and maintain a corporation, and how businesses should not operate.  Learning these life lessons, when I started my own business thereafter, I knew that it would not be with family and friends (but rather the most competent and motivated person with sufficient time).  I also knew that there had to be a leader and that not everyone would have equal decision-making powers or equal votes.  So the business model turned more into a dictatorship with consultants who were specialized in their respective field(s).  The reason democracies don’t work well for businesses is because things don’t get done – either at all or as quickly and cost-effectively as they would otherwise.  Less voices means more action.  Sure, there is less accountability when you’re running a business like a dictatorship, but at the end of the day business is about making profit regardless of how it’s internal mechanisms operate.

written by admin \\ tags: business model, lawyer, Michael Carabash

CBC Dragon’s Den just put our video up on their website.  Be sure to check it out and vote or leave comments about it on CBC’s website!  We’ll keep you posted on any future developments on this front.

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