Azatian Law

COLLABORATIVE FAMILY LAW

Collaborative Family Law (“CFL”) is a relatively new form of alternative dispute resolution that is quicker & less costly than litigation. Once two spouses have decided to resolve the issues stemming from their divorce by using CFL, they must sign a Participation Agreement. The Participation Agreement states that they will not go to court nor will they threaten to go to court to resolve their disputes.

CFL aims to avoid the adversarial and hostile nature of the litigation process and places all final decision-making authority in the hands of the affected parties who, realistically, are in the best possible position to make determinations regarding their own best interests as well as those of their children.

Once two spouses have decided to resolve the issues stemming from their divorce by using CFL they must sign a Participation Agreement. The Participation Agreement states that they will not go to court nor will they threaten to go to court to resolve their disputes.

Lawyers are required to complete training courses offered by the Ontario Collaborative Law Federation in order to become certified to practice CFL. Training in this specialized process increases the parties’ chances of engaging in meaningful and successful discussions.

In Ontario, Grandparents have some legal rights if they want to spend time with their grandchildren.

Both the Children’s Law Reform Act & the Divorce Act include a provision for “contact orders,” which give non-parents – most often grandparents, time with children. In some situations, especially if the grandparent has played a significant role in the grandchildren’s lives they may be able to apply for a parenting order.

In order for a grandparent to be successful in an application for contact, the grandparent has to establish a strong case for why this is in the best interests of the child. The court would consider such factors as:

1. The nature and strength of the relationship between the child & the grandparent(s),
2. the length of time the child has lived in a stable home environment
3. The views and wishes of the child
4. Whether contact is being arbitrarily or unreasonably withheld;
5. The parents’ wishes, which will be given considerable deference.

For more information, or if you find yourself in a similar situation, as a grandparent. Please contact us

Upon divorce, if the business is started together, then its value will be split equally.

However, if one or both parties owned a business prior to entering into a marriage, then that business will need to be valuated.

If that business increased in value during the marriage, then that profit will be divided equally between parties, just like any other asset. If the business was acquired during the marriage, its value will be comparably shared between the spouses, and this will require a valuation, as well.

For more information on how property is divided, contact us

Navigating a property sale post-separation can be difficult.

If you, and your ex-spouse cannot agree on what to do with the property, then you may apply for an Order of partition & sale.

In Ontario, the Partition and Sale Act gives the court the power to order the sale of a jointly owned property.  If granted, the court will order the property to be sold and the proceeds to be split.

For couples who are married, similarly, the family court may be petitioned to force the sale of the matrimonial home.

If you have questions & would like to discuss, please contact our firm at [email protected]

Azatian Law would like to wish everyone a safe and Happy Canada Day!

THIS JUST IN!! 📣

SPRING PROMOTION! 🌸

Single Wills for $500, taxes included.

Add a Power of Attorney for an extra $100

Joint Wills and Power of Attorney for couples - $1000 taxes included

Contact us for a free 30 minute consultation at:

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Email us at [email protected]
Or call us at (437)246-6111

What is a MIP Session?

When parties begin a family court proceeding, due to contested issues, they are required to attend a Mandatory Information Program (“MIP”) session.

The MIP session is the first step in the process, & helps assist the parties with information about the court system, processes & local resources. It provides information regarding common issues facing family law litigants, possible alternatives, & the effects of separation & divorce on the parties and their children, in hopes to help encourage parties to settle where possible.

Each party will be provided with their own MIP date, separately. The MIP session will last between 1-2 hours. This must be completed before the matter can be seen before a judge.

Once you’ve completed your MIP session, you will receive a certificate of completion, to file with the court. This certificate must be filed in order to show that you have attended your MIP.

The following situations do no require a MIP session:

1. You only want a divorce and you and your partner agree on what you want the court to order.
2. You’ve already been to a MIP session.
3. You want to file a separation agreement with the court.
4. You want to bring a motion to change a support order

For more information, please contact us

BE ON THE LOOK OUT FOR OUR SPRING PROMOTION! 🌸 🐰

Having a will is important, as it allows you to communicate your wishes, and makes for an easier transition for all involved. Especially when it comes to minor children, possessions, and beneficiary designations.

Contact us for further details, and pricing.

Wishing everyone a happy holiday weekend!

Whatever your Easter plans entail, we hope it’s filled with love, joy, and lots of chocolates!

Happy Easter, everyone! 🪺 🐰

If you have never failed, you have never tried. 🔥

Growth is not just important for a Company, it’s absolutely essential. We, are happy to take on the opportunity to provide legal services to clients at our new branch, located in the St. Catherine’s/Niagara region. Our core principle of zealous advocacy for all our clients, will continue to be our guiding light.

Wishing you a joyful holiday season, from our family to yours.

A good amount of people continue to have reservations about electronic signatures. 🤷🏻‍♀️ They are valid & binding on the party signing! ✅

Unlike ink signatures, for which validity is usually determined through witnesses & the signature’s accuracy, electronic signatures can be verified through all the data they record when being used such as date, geo-location, & many more pieces of user information to trace the signature back to the signee.

Legislation governing electronic transactions & commerce has been enacted in all Provinces & Territories, based on Uniform Electronic Commerce Act of Canada (“UECA”)
The following transaction types in Alberta, BC, Ontario, & Quebec are generally eligible for the use of electronic signatures:

1. Commercial agreements:non-disclosure agreements, purchase orders, order acknowledgements, invoices, other procurement documents, software license agreements, tool license agreements, component supply agreements, sales agreements, distribution agreements, and service agreements.

2. Corporate documents: instruments of transfer, directors’ resolutions, shareholders’ resolutions, government filings indicating updates to corporate information (e.g., change of address or directors), share subscriptions, and shareholders’ agreements (subject to some narrow exceptions, such as share certificates requiring manual ex*****on in BC).

3. Consumer agreements: retail account opening documents, sales terms, services terms, software licenses, purchase orders, order confirmations, invoices, shipment documentation, user manuals, and policies.

4. Unless otherwise specifically exempted under their respective legislation, certificates, licenses, notices, disclosure, reports, etc. from governmental entities.

Holiday Access 🎅🎄

As the holiday season approaches, separated & divorced parents may anticipate its arrival, not so much with the usual happy anticipation, but rather with concern & uncertainty. That’s because the holidays often spark the most tension, & outright acrimony, between parents, despite their concerted effort to try to make this time of year festive and joyful for their child. The main point of contention is usually around scheduling access.

If the parents have formally separated or are already divorced, there will be a separation agreement or Divorce Order in place, which incorporates the settled (or court-mandated) arrangements that are in place for who has custody of the child & when. Often, such orders or agreements will feature great specificity around the exact days & times that the children are to spend with each parent.

But sometimes parents are unclear on a schedule & have not yet come to an agreement about what is best for the children. Or, one of them may feel that their prior verbal arrangements have become unsuitable, due to changes in the child’s needs or in the broader family situation.

It is recommended that an agreement is drawn up & agreed upon in advance of the holidays.

Not only would this reduce conflict, but it ensures that the child gets the best of both worlds when it comes to enjoying family time and customary festivities. If a prior agreement is not reached, the parents may call upon the Family Court to make a ruling on Holiday Access.

Parents waiting absolutely last minute to attend court, should be prepared for most lawyers to be on holidays for the month of December, the high costs associated with going to court.

If you like to learn more, please connect with us at [email protected]

There is no legal obligation to return an engagement ring, upon divorce 💍 🤷🏻‍♀️

A popular misconception rooted in societal politeness/etiquette, dictates that an engagement ring should be returned to the party who purchased it. However, in Ontario, there is no legal obligation to return a ring – it is seen as a gift, because the act happens BEFORE the date of marriage. Any gift received before the marriage, does not form the Net Family Property & therefore is not subject to Equalization, during divorce.

“Design is the silent ambassador of your brand” 📣😍

Financial disclosure (“FD”) is a legal requirement & cannot be avoided. 🤷🏻‍♀️ (Rule 13 of Family Law Rules governs the process.

Whether or not your matter is in court, one of the first steps to providing FD is completing a Financial Statement (“FS”) (Form 13). This is a court form outlining your income, expenses & all assets/liabilities in your name. 💰🚗🏠

Form 13.1 on the other hand, is used in situations when property issues are in dispute between separating spouses. You will need to disclose all your assets/liabilities & their values on 3 important dates: date of marriage, date of separation & the date that you are completing the statement;

To go along with Form 13 or 13.1, supporting documents are to be provided. You are required to produce:

a) The last three (3) years of income taxes and notices of assessments;
b) Proof of income from all sources; and
c) Bank statements, credit card statements, property appraisals, pension valuations, mortgage and loan documents, business interests, etc.)

Consequences If you do not provide accurate FD:

1️⃣Delays and Additional Expense.

2️⃣Cost Consequences: if you are found to have provided incomplete, false or misleading financial disclosure, you may also be ordered to pay a fine & all or some of the other party’s legal costs

3️⃣Damaging your credibility. If you withhold information, you will damage your reputation in the eyes of the other party and the court, which is extremely important in family law cases.

4️⃣Imputing your income. If you do not provide accurate income information, a court may order that your income be imputed to a higher amount.

5️⃣Striking Pleadings. If a party fails to provide court ordered financial disclosure, their pleadings may be struck. If pleadings are struck, a court will no longer consider that party’s position when making decisions in the proceeding.

Some options are:

1️⃣ - Legal Aid Ontario (“LAO”)

LAO is a publicly funded & publicly accountable non-profit corporation, responsible for administering the legal aid program in the province of Ontario, Canada. The organization provides legal assistance for low income people in Ontario, call 416-979-1446, Monday to Friday, between 8:30 AM and 5:00 PM.

https://www.legalaid.on.ca/

2️⃣ - Law Society Referral Service

The Law Society of Ontario has on online Law Society Referral Service (click) that gives you the name of a lawyer or licensed paralegal who will give free legal advice for up to 30 minutes in any area of law. If you can’t wait for a legal representative to call you back, or if you don’t have a call-back number, email [email protected]. Or, if you’re in crisis or in custody, call 1-855-947-5255 or 416-947-5255, Monday to Friday, between 9:00 AM and 5:00 PM.

https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service

3️⃣ - Justice Net: Accessible Justice

Justice Net is a not-for-profit service helping people in need of legal expertise, whose income is too high to access legal aid & too low to afford standard legal fees. The legal professionals listed on this site have agreed to devote a portion of their practice to qualifying clients at reduced fees.

https://www.justicenet.ca/

1️⃣ When you pass without a will (known as dying “intestate”) provincial legislation will dictate how your estate is distributed & may impact important relationships in your life that are not recognized by these laws. Common-law partners & other dependants are vulnerable if you die without a will.

2️⃣ Naming a Guardian for your minor children & dependants. Your will tells your loved ones & the courts who you’ve entrusted to provide care and support for your child or children.

3️⃣ Choice of Executor: You decide who will oversee the closing of your estate, not a random court appointed person, that doesn’t know you personally.

4️⃣ You have a plan in place for your pets. Putting in writing who you’d like to care for your pet(s) when you’re no longer able to & also set aside funds to help support your pet’s needs.

Every Child Matters 🔶

September 30, 2021 marks the first National Day for Truth & Reconciliation. This day honours lost children & survivors of Residential Schools. Public commemoration of the tragic & painful history and ongoing impacts of Residential Schools is vital to the reconciliation process, in Canada.

Orange Shirt Day is an Indigenous-led grassroots commemorative day that honours the children who survived, remembers those who did not, reflects upon those found only recently in various burial sites. This day relates to one student, Phyllis Webstad, of the Stswecem'c Xgat'tem First Nation, who arrived dressed in a new orange shirt, which was taken from her. It is now a symbol of the stripping away of culture, freedom & self-esteem experienced by Indigenous children over generations.

There were 140 federally run Indian Residential Schools which operated in Canada between 1831 & 1998. The last school closed only 23 years ago. Survivors advocated for recognition, reparations, and demand accountability for the lasting legacy of harms caused. These efforts culminated in:

Indian Residential Schools Settlement Agreement; apologies by the government
establishment of the Truth and Reconciliation Commission; creation of the National Centre for Truth and Reconciliation

Just because your name is on the account, or the deed to the house, doesn’t mean it’s yours alone. 👎🚫

Funds in a spouse’s bank account, separate from that of the other spouse, are marital property & subject to equalization ‼️

People think, ‘well, the house is in my name, so I get to keep it or ‘I put all of my income into my own separate bank account, so it’s all mine. No matter what your provincial laws may be, once you get married, you should never just assume that your assets will remain yours if you get a divorce. 🤷🏻

Having some 💰 in a separate bank account is not entirely useless, it can help if you need quick access to money if the divorce turns acrimonious & one partner limits access to the joint funds. When it comes to cash flow in a crisis situation, you want to have access to some money & not fear your disgruntled spouse will lock you out.

If you wish to learn more, call/email our office, for a 30 minute free consultation. ☎️

Litigation is a treacherous and lengthy process, often at the cost of one’s mental, physical, & emotional health. It’s unapologetically brutal and chaotic. That is the exact space in which I thrive in. My clients have it half right, its my hard work for sure, but it’s equally the precise nature of the work, I enjoy doing. Love what I do all day everyday! 🙌⚖️

In a recent video, Johnny Depp can be seen throwing a wine bottle & glass after Amber Heard asked if he finished the bottle of wine. Depp then attempts to reach for Heard's cell phone to prevent her from recording his outburst. 🙅🏻‍♀️🤦🏻

If Heard filed for a divorce in Ontario, she may be able to apply for divorce on the basis of cruelty, which is defined as “with physical or mental cruelty of such a kind as to make continued cohabitation intolerable”. Aside from this, marriage breakdown can also be proven by either living separate & apart for a period of one year, or by adultery. If Heard is able to prove that Depp treated her with cruelty during their marriage, the court may grant an immediate divorce.

Proving cruelty is not a simple task. Heard would first have to establish how Depp's conduct affected her mental state during the marriage. This is a very fact specific determination & similar conduct may constitute cruelty in one case but not in another. Heard would also have to prove that Depp's outburst in the video was not merely trivial but was of a "grave and weighty" nature. This means that the cruelty has to reach a level that makes it intolerable to continue to cohabit with your spouse. This aspect of the test for cruelty is necessary in order to ensure that incompatibility does not become the basis for divorce, otherwise every couple experiencing marital difficulties could apply for an immediate divorce.

The problem is that proving "marriage breakdown" on the basis of cruelty is rare and difficult to establish & may lead to costly litigation.🔬

Surrogacy in Canada 🧬 🇨🇦

Surrogacy refers to an arrangement whereby a woman agrees to become pregnant for the purpose of gestating & giving birth to a child for others to raise. She may be the child's genetic mother or not, depending on the type of arrangement agreed to.

There are 7 types of surrogacy arrangements & 2 types of surrogate mothers, "gestational surrogates" and "traditional surrogates". Gestational surrogates are also referred to as "gestational carriers" or "host surrogates" and traditional surrogates are also referred to as "straight surrogates" or "classic surrogates". Gestational Surrogacy is the most common type of surrogacy arrangements in Canada.

The Assisted Human Reproduction Act (“AHRA”) is federal legislation which sets out activities that are permitted & those that are prohibited altogether. It is highly advisable that Intended parents familiarize themselves with the AHRA. Under the AHRA, the surrogate may only be reimbursed for her reasonable out of pocket expenses related to the surrogacy process. Compensation or an offer of compensation to a woman acting as a surrogate is prohibited under law and subject to serious penalty.

For a consultation, contact our firm at [email protected] to set up an appointment. 📅

Defending an Action ⚖️📝

If you are the Defendant & have been served with a Statement of Claim (“SOC”), it is important to deliver Statement of Defence (“SOD”) The penalty for not filing a SOD will result in a Default Judgment (“DJ”), judgment made in your absence. It may be difficult & expensive to set aside a DJ & setting it aside requires rational explanation for failure to deliver. 🤷🏼‍♂️

A SOD must be delivered within 20 days after service of the SOC if the Defendant is served in Ontario & within 40 days if the Defendant is served elsewhere in Canada or the USA, & within 60 days if Defendant is served anywhere else in the world (Rule 18.01). 📫

A Defendant, who intends to defend an Action, may deliver a Notice of Intent to defend (Form 18B) within the time prescribed for the delivery of a SOD (Rule. 18.02), which buys the Defendant 10 extra days within which to deliver a SOD. Time is luxury in litigation & any opportunity to have more of same, should be taken.🔮

At , we are celebrating with our neighbours 🇺🇸👏Congratulations to Her Honour Justice Ketanji Brown Jackson, in her nomination & confirmation, to the Supreme Court, the highest court in the land, what is considered to be a watershed moment & a historical departure, in law.

Starting an Action 🙋🏻‍♀️📣🔍✅🗂

A typical legal action is commenced by the Plaintiff issuing a Statement of Claim (“SOC”) with the originating court registrar. This first step begins what is known as the pleadings stage of the suit. Pleadings are formal documents filed with the court that state the parties' basic positions. SOC contains summary of the plaintiff's allegations of the incurred damages or other relief the plaintiff asks the court for, as well as allegations of material facts in support of the asked relief. During a typical civil trial, the lawyers have to prove the allegations of facts in each paragraph by presenting the court with evidence as proof of the allegations.

Occasionally, litigation is commenced by way of Application. The Application proceedings are commenced with Notice of Application. Applications are typically used where the litigants ask the court to interpret meaning of legislation, contract will, or other legal document, to make a declaration of ownership rights, administration of estate or trusts. The relief being asked for is called "Declaratory Relief". Important to note, since Ontario Small Claims Court have very limited jurisdiction to adjudicate declaratory reliefs, such Applications are normally commenced before Superior Court of Justice (General Division). The application procedure is normally less expensive & more expeditious comparing to legal actions for damages.

Azatian Law updated their phone number.