Category: FAQ

A Power of Attorney is a legal document that gives someone else the right to act on your behalf when you are unable to do so yourself due to illness, mental incapacity or your temporary absence (for example you are away on holiday and you need someone to look after your house details).

In Ontario there are three kinds of Power of Attorney:

1. A Continuing Power of Attorney for Property (CPOAP) covers your financial affairs and allows the person you name to act for you if you are not able.
2. A Non-Continuing Power of Attorney for Property covers your financial affairs but can’t be used if you become mentally incapable. You might give this Power of Attorney, for example, if you need someone to look after your financial transactions while you’re away from home for an extended period of time.
3. A Power of Attorney for Personal Care (POAPC) covers your personal decisions, such as housing and health care if you are not mentally or physically capable.

 

Of course, you can create Powers of Attorney to achieve many aims including the continued protection and support of children or other dependents.

Your lawyer knows and understands the implications of each type of Power of Attorney, the applications and the rules about setting them up and can help you set up Powers of Attorney.

A lawyer “on retainer” means a lawyer who is engaged by the client (they would retain the lawyer) to act in the best interests of that client without being limited by time or subject matter. Such a lawyer would not then be free to act against that client during the course of the retainer due to conflict of interest. The usual means by which a lawyer is placed “on retainer” is by the client signing a general retainer agreement and providing the lawyer with a sum of money (retainer fee) agreed by them to be kept in trust and applied to on-going fees and disbursements as incurred according to the retainer agreement for retainer services.

 

As a new landlord you definitely should consult a lawyer conversant in the Ontario Landlord and Tenant Act and the Residential Tenancies Act and the responsibilities of the Landlord. Presumably when you built that apartment you checked municipal laws and codes.  If not, you must before you take a tenant, and make any changes to make it a legal apartment. The codes that apply have been formulated to ensure the safety and comfort of the tenant and others living in the building.

There are tenant and landlord rights and responsibilities under the Ontario Landlord and Tenant Act and the Residential Tenancies Act. There are municipal laws governing your apartment (or house) on offer.

Property Rental Laws define responsibilities pertaining to residential rental property management.

Your lawyer can help you craft a Tenancy Agreement to meet your specific needs and define clear expectations to protect both parties.

Your lawyer can help you determine if the prospective tenant is a “good risk.

Your lawyer can provide advice on ongoing landlord tenant relations and issues.

 

 

A Notary Public in Ontario is someone, (usually a lawyer) who is entrusted by the Lieutenant Governor of the Province to make certain statements about documents.

This means that notarized documents are generally accepted throughout the world to be real, legitimate and report content that is true.

There are a number of reasons you may need a Notary Public.

A Notary can be asked to confirm that a person signing something is in fact who they purport to be, or to compare one document to another and confirm that they are true copies of each other.

Things you might need to get notarized include:

• True Copies of University Degrees, College Diplomas and other Certificates.
• “Permission to Travel” for a minor, allowing them to board a plane or travel to a specific destination with a particular person.

 

There are many other circumstances in which a document may need to be notarized.

There is a notary service fee which is usually quite reasonable.

 

Being charged with an offence is frightening. At stake is your reputation, your assets and possibly your freedom and maybe your life in the future. You can be charged with a municipal offence, a provincial offence, a federal offence, a quasi-criminal offence or a criminal offence or some combination of these. An offence is frequently serious and you need a defence lawyer.

You should meet with your defence lawyer at your earliest opportunity. In your discussion you can ask if you have been charged with a crime and what it means and what happens after being charged with a crime. You will tell the lawyer the facts as you understand them to be, show your lawyer any documents provided to you by the police or the Crown Attorney’s Office and discuss your options.

Your lawyer will explain the meaning of the charge, the elements of the offence, make recommendations to you, represent you in court, and negotiate on your behalf for the best possible outcome for you.

Your lawyer knows the law and is familiar with the Criminal Court process. It’s what he does. Let the professional help you.

 

Where can I find out how to incorporate my business? What is the role of a lawyer in incorporating a small business?

There are two things to consider when thinking about setting up a new company,

One is whether to incorporate or not and the other is what are the procedures, steps and costs required to incorporate your business.

There are benefits of incorporating a business. Incorporating a business is a good legal instrument to protect yourself, your family and your assets.

Whether or not you should incorporate is an issue that you should discuss with your lawyer and your accountant because there are both legal and financial consequences to incorporation, and there is a point at which the balance tips in favour of incorporation. The lawyer knows how to incorporate a business, why you should do so and when.

There are several factors to consider when incorporating a business in Ontario and incorporating in Canada including the financial reporting rules and the laws about your type of business, and size of business.

The factors include:

• Whether or not you are engaging in a particularly risky business
• The opportunities you have to insure your business
• The number of participants in the business and their relationship to each other
• The needs you may have regarding financing
• The time it might take to make your business prosperous

 

This is a great opportunity to establish a relationship with a lawyer you can work with so he can understand your business so if legal challenges arise, you will have legal counsel in your corner, quickly.

What do we both need to do to protect our individual interests fairly and look after our children?

Divorce and separation are sad, fraught with emotions and the actual legal separation can be acrimonious. In taking the steps toward separation and divorce, responsibilities have to be faced and appropriate arrangements made. In addition to decisions about property and finances, there are decisions and arrangements to be made for custody and support of children. There are laws relating to separation and divorce that must be considered and complied with in the formation of your separation arrangements. Your lawyer knows how they apply to you and can guide you through the decision making process. You should consult with a lawyer to prepare a Separation Agreement to make sure you comply with Ontario Family Law. However, in doing so, you must be prepared to provide complete information and documentation about your family, your income, expenses, assets and debts.

 

I want to make sure that when I die, my loved ones are taken care of, my possessions are distributed according to my wishes, my debts are paid and my estate is settled. I understand I need a will. How do I create a legal will? Can you make a will without a solicitor or do I need a lawyer to write a will? How do I write a will?

You may want to write your own will to save money on legal fees. Although, in Law, even a holographic will can be legal, it’s a far better idea to use a lawyer to create a legal will in printed form to make sure your wishes are carried out by the use of the “terms of art” that so greatly reduce the possibility of your will being misinterpreted. A lawyer who specializes in estate planning law will be up to date on current estate law and in consultation with your accountant, can minimize the tax consequences to your Estate so the value of the Estate is retained for your beneficiaries.

When you consult with a wills and estates lawyer to create a last will and testament, he will obtain details of your estate, your proposed beneficiaries and who you want to discharge the responsibilities of a Trustee.

 

 

What is his role in home buying and selling?

Real Estate is a complex subject and knowing what needs to be done when buying and selling property can be advantageous to you. It is a specialized area of law and some lawyers are particularly well trained in the legal transactions of buying and selling real estate. Your lawyer knows the legal steps involved to make the transactions easier and smoother for you and to make sure your legal interests have been protected.

Your lawyer will:

• Search title
• Cooperate with your mortgage provider
• Handle your funds
• Register your transfer and mortgage
• Collect and create all the necessary documentation
• Keep you informed of the progress and
• Provide you with a complete Report upon the conclusion of the transaction.

 

In home buying and selling in general and most especially when selling a home privately or buying a home privately, make sure you retain a lawyer who is experienced in the practice of real estate.

Along with your real estate agent, he knows what to do to sell your home.  He can take care of details, relieve you of stresses resulting from uncertainty and at closing, you drive away from or take possession of and enjoy your new home (as the case may be) with confidence that there are no loose ends.

 

 

How can I go about recovering what is owed to me? Should I sue them and how do I go about it?

There are several options available for collecting debts owed to you. Obtaining advice from your lawyer about what you can do legally if someone owes you money is vital to helping you choose the right option.

You should consult a lawyer first because:

• There may be other options unknown to you to collect your money that are quicker, less expensive and less aggravating. Your lawyer knows what to do if someone owes you money and the steps to take.
• By doing certain actions yourself or with a lawyer, you can avoid prejudicing your case. Check with your lawyer to find out the best alternative ways to collect your money.
• Legal action is expensive and time consuming and by making sure you approach the correct court to take the correct legal action from the very beginning of the process, you can save time and money when you want to recover debt owed to you.