FAQ's

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Family Law

When can a child choose which parent to live with in Canada?

Generally a child cannot decide which parent they want to live with. But as a child gets closer to the age of majority, which is 18 years old in Ontario, they have more say about where and with whom they live. And it is rare for a court to make a custody and access order about a child who is 16 years old or older.

What is covered under family law?

Examples of family law are: the nature and issues arising from a marriage; civil unions and domestic partnerships; mental and physical abuse of the spouse and/or children; legitimacy, adoption, surrogacy and abduction of children; annulment, divorce, alimony and settlements; and custody, visitation and support..

Is Family Law Public or private?

The main difference between public and private law is in the parties that each affects. Private law, on the other hand, affects individuals, families, businesses and small groups. Its scope is not as wide as public law and includes contract law, tort law, property law, succession law and family law.

Can I file for divorce without a separation agreement?

You do not need to file court papers to separate. The law does not require you to live with your spouse. However, separating from your spouse may affect your legal rights. You may also seek court orders about custody and visitation without filing for a legal separation or divorce.

How long do you have to be separated before divorce in Canada?

One Year Separation Period. As noted above, there are no time limits to a separation in Canada. However, if you are using separation as grounds for your divorce, then you must be separated from your spouse for a minimum of one full year.

Do grandparents have any legal rights in Canada?

ometimes a parent may decide that a grandparent is not to have any contact with their children. This, however, does not preclude the grandparents from applying to the court to be granted contact time with their grandchild.

What types of issues does family law address?

Family Law involves all legal issues that can be dealt with in a family court, including: Divorce and separation. Family Justice Services. Child custody and access.

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Wills & Estates

Can an executor of a will sell property without all beneficiaries approving?

Can Executors Sell Property Without All Beneficiaries Approving? … The good news is that the executor named in the will does not have the power to sell any real estate, or any other property, belonging to the estate before being officially appointed by the Surrogate’s Court.

What happens if a beneficiary dies before the estate is settled Canada?

When a beneficiary dies after the deceased but before the estate is settled, the first step is to look at the will (if there is one). Many wills have a “survival clause”. …If the survival rules don’t come into play, the beneficiary’s share of the estate would pass to the beneficiary’s estate.

How long after probate can funds be distributed Canada?

In fact, as a general rule, the expectation is that the trustee will take approximately one year from the date of death before distributing funds to beneficiaries. Of course there is great variation in the complexity of estates and the time it takes to administer.

How long does an executor of a will have to settle an estate?

If he/she manages the estate improperly and distributes assets before settling with creditors and paying taxes, he could be held personally liable for monies owed. While the probate process usually takes six months to a year, it can take longer if the executor delays his duties or if the estate is complicated.

Real Estate

Do I own the land under my house Canada?

You probably own the land. Generally speaking, it’s likely that you own the propertyunderneath and around your house. Most property ownership law is based on the Latin doctrine, “For whoever owns the soil, it is theirs up to heaven and down to hell.” There can be exceptions, though.

Can you claim land in Canada?

Crown lands, Yukon. … All you need is to be a Canadian citizen who has lived in the Yukon for at least one year. If you fit the bill, you can apply to claim some of that free land for yourself right here.

Can you pass the bar without going to law school?

Today, only four states — California, Virginia, Vermont, and Washington — allow aspiring lawyers to take the bar exam without going to law school. Instead, they are given the option to apprentice with a practicing attorney or judge. … The numbers for those who take the apprenticeship route are much more dismal.

What does a real estate lawyer do at closing?

The closing process can be confusing and complex to the buyer and seller. Those present at the closing often include the buyer and seller, their respective attorneys, the title closer (representative of the title company), an attorney for any lending institution, and the real estate broker.

What is Canadian property law?

Property law in Canada is the body of law concerning the rights of individuals over land, objects, and expression within Canada. It encompasses personal property, real property, and intellectual property.

How do you become a real estate lawyer in Canada?

Step 1: Complete a Bachelor’s Degree Program. Students who want to become real estate attorneys must usually first earn a bachelor’s degree. Most bachelor’s degree programs typically last four years, regardless of the field of study. Law schools do not require that applicants complete a particular major.

Employment/Human Disputes

How do I file a complaint against my employer for discrimination?

Method 2 Filing a Complaint With the U.S. Equal Employment Opportunity Commission
  1. Make sure your employer is required to comply with federal law. …
  2. Check that the action of your employer violates a law enforced by the EEOC. …
  3. Talk to your employer. …
  4. File a charge of discrimination at your nearest EEOC field office.

Where do I file a harassment complaint?

Before filing a court complaint, you must first report the harassment to a law enforcement agency in your area. For example, report the harassment to your local police or sheriff’s department. You will need evidence that you have done this when you file your court complaint.

What is the Human Rights Legal Support Centre?

The Human Rights Legal Support Centre (HRLSC) is an independent agency, funded by the Government of Ontario, to provide legal services to individuals who have experienced discrimination.

How long does a human rights complaint take?

It depends. The following times are usual, but the process can take longer. It usually takes about one to two months for the Tribunal to decide if can deal with a complaint.

How do I file a human rights complaint?

Filing a human rights complaint is the first step in the Tribunal’s process. You must file a complaint form. Select the form that applies to your situation. Go to theforms page if you want to print the form with instructions and fill it out with a pen.

How do I file a Canadian human rights complaint?

You can file a complaint with the Canadian Human Rights Commission by :

  • using the online complaint form.
  • emailing the online .pdf form.
  • faxing the completed form to us at: 613-996-9661.
  • calling us  1-888-214-1090 (TTY 1-888-643-3304)