Criminal Law
What do I do when I am contacted by the police and told I am being charged with a criminal offence?
It is important to immediately contact a lawyer to discuss the charges and get legal advice so that you do not jeopardize your legal rights.
Should I go to the police station after I am called by the police.
It is critical to arrange a time to attend the police station after consulting with a lawyer. Failure to “turn yourself in” will result in a warrant being issued for your arrest, which can be executed at any time by the police, including at your place of employment or home. That, in turn, can complicate your release, as the police will likely hold you for a bail hearing, which can take several days to unfold and you remain in custody until released on bail.
What is bail and will I qualify?
Your release from police custody or from a detention facility depends on a number of legislative requirements under the Criminal Code, including whether you are deemed to be a flight risk, at high risk to reoffend, whether the release would be contrary to the public interest, whether the charged offences involve domestic violence against an intimate partner, the strength of the Crown case, whether a firearm or other weapon was used or brandished in the alleged commission of the offence, and whether, if convicted, a lengthy period of custody would likely be imposed. In addition, whether you have been released in the past on conditions that were breached is a significant factor.
Employment
Should I discuss an offered severance package with a lawyer before I accept or reject it?
Yes. It is best to discuss your termination and severance package with a lawyer to ensure you are getting what you are entitled to.
Should I have a written employment contract?
Yes, where possible, it can be beneficial for an employee as well as an employer to have a written employment contract. It allows for job duties, pay, hours, benefits, and vacation time to be clearly defined. Without a written contract, employers and employees are subject to the Employment Standards Act (ESA), which may not include
Are salaried employees still entitled to overtime commissions?
In Ontario, salaried employees often are entitled to overtime compensation. Overtime is calculated on a weekly basis. If you work more than 44 hours in a week, you are likely entitled to 1.5 times your regular rate for every additional hour worked. Make sure to keep a record of your overtime hours. There are some exceptions to overtime compensation entitlement, usually dependent on your job duties. An employment lawyer at Matlow Miller Cummins Thrasher would be happy to help you determine whether you are entitled to overtime pay, and how to go about getting your overtime pay.
Am I entitled to reasonable notice?
Yes, generally speaking, workers are entitled to notice, or pay in lieu of notice, if the dismissal is without cause. The amount of notice required varies based on how long the person has been employed, in accordance with the Employment Standards Act (ESA) guidelines. Contracted employees (specifically dependent contractors) are also generally entitled to reasonable notice. An employment lawyer at Matlow Miller Cummins Thrasher would be happy to look into your matter with you.
Can I be laid off while I am on leave?
Workers can be laid off or terminated while on a protected leave, however, the decision should be unrelated to the reason for, or the use of the leave. Otherwise, the termination may be considered unlawful under the Employment Standards Act (ESA) and the Ontario Human Rights Code.
What should I bring to an appointment with a lawyer regarding my termination?
You should bring your employment contract and any previous employment contracts (if possible), and any notice or letter of termination. Any relevant communication regarding the termination should also be brought in.
Real Estate
Do I need a lawyer for a real estate transaction?
Yes, in Ontario, you are legally required to have a real estate lawyer handle the transfer of property for a purchase or sale. A lawyer is needed to transfer ownership between the seller and the buyer, conduct title searches, register the deed, and manage the secure exchange of funds.
When should I hire a lawyer?
Ideally, you should hire a lawyer before signing an Agreement of Purchase and Sale (APS) if you want to have a lawyer review its clauses. Alternatively, you should hire a lawyer immediately after the APS is signed and accepted.
What are closing costs?
Closing costs are all costs that are owed in the transaction of buying or selling a house. As a buyer, it is important to budget not just for the purchase price of the house, but for other closing costs as well. Examples of closing costs for buyers include Land Transfer Tax (LTT), title insurance, real estate commission, appraisal and inspection fees, legal fees and disbursements, as well as any Property tax adjustments.
Wills and Estates
What is Probate?
Probate is the legal process that confirms the validity of a will, and officially appoints an Estate Trustee (or executor) to manage the person’s estate. Once probate is granted, the executor is able to distribute the assets of the estate as outlined in the will. In Ontario, the Estate Administration Tax (Probate Fee) is 1.5% of the estate’s value, which is paid out of the estate. However, if the estate is valued at less than $50,000, it may be exempt from probate fees.
How Long does the probate process typically take?
The probate process varies greatly across jurisdictional courts. The size and complexity of an estate is a considerable factor in this calculation. Probate in Ontario for a simple estate can take anywhere from six weeks to six months. With a complex estate, probate could nine months, or it could take over a year.
How do you administer an estate when a person died intestate (without a will)?
An estate where there is no will is distributed in accordance with Ontario’s Succession Law Reform Act. If the estate must be probated, the closest relative (usually a spouse or an adult child) can apply for a Certificate of Appointment of Estate Trustee Without a Will in order to administer the estate.
Family
What do I need to bring to my first appointment with a family lawyer?
You should always bring two pieces of ID (please note that law offices cannot accept a health card), any court relevant documents, any orders or agreements related to your case, as well as any other documents that may be helpful. If a lawyer or clerk has provided you with an intake form before your first appointment, you should have this filled out and brought to your appointment.
Where do I start court?
Generally speaking, court proceedings take place in the region in which the child(ren) habitually reside. In the alternative, sometimes they will take place in the region in which one or both of the parties live. On some occasions, where necessary, a parent can choose the jurisdiction.
Am I entitled to child support and/ or spousal support?
You may be entitled to child support and/ or spousal support. These determinations are made based on the child support guidelines, and the spousal support advisory guidelines. A family lawyer at Matlow Miller Cummins Thrasher can walk through the specifics of your case with you, and whether you may be entitled to support.
Can child support continue after 18?
Child support does not automatically end when a child turns 18. Whether or not support continues is determined on a case-by-case basis. In some cases, when the child is over 18 but is enrolled a post-secondary education, or is dependent on their parents due to illness or disability, child support can continue. A family lawyer at Matlow Miller Cummins Thrasher can walk through the specifics of your case and whether support should be terminated.