New Fairness for Children of Unmarried Couples A new Constitutional challenge is currently unfolding at the Brampton courthouse. Robyn Coates is challenging the validity of Ontario’s Family Law Act on behalf of her 22-year-old son, Joshua Coates. Joshua has DiGeorge syndrome and suffers severe cognitive impairment. Robyn is arguing the law is discriminatory as it arbitrarily harms disabled children of non-married parents. Coates wants Joshua’s father, Wayne Winston, to continue paying child support payments for the rest of Wayne’s life. Watson, despite not seeing Joshua since he was six, has paid child support throughout the boy’s life. With a wife and two kids, and not enough money to even pay his own legal bills, Wayne thinks he has paid enough. Wayne believes Joshua should be covered by Ontario Disability Support Programs. Ontario Disability Support Programs assist people like Joshua, but his mother argues this is insufficient. Robyn believes Joshua requires day programs to live a more enriched life, which can cost between $3,500 – $17,000 per year. When a couple gets divorced, their disabled child is eligible to receive child support payments for the duration of their lives. However, if the couple is never married, Ontario’s Family Law Act states that child support only continues where a child is in full-time post-secondary education. Child support for divorced parents is governed by the federal Divorce Act. The Divorce Act allows disabled individuals to receive child support from their parents beyond their eighteenth birthdays. For non-married parents, child support payments are based on provincial Family Law Acts, which in Ontario, make clear that support will only continue to be paid in circumstances where a child is enrolled in full-time post-secondary education. Alberta has similar legislation to Ontario, while the rest of the provinces are aligned with the federal Divorce Act. What is at issue in this decision is not whether the law is bad or immoral, but whether it is unconstitutional, which requires the law to be discriminatory. Robyn Coates is a resource worker helping students with disabilities and is hoping to send a message with this action. Robyn has given quotes that indicate this case is about more than Joshua, but about all children with disabilities from unmarried parents, receiving care. Robyn said: “Many women are raising these kids alone and they are living in poverty. And nobody seems to give a damn,” and “I don’t want any other mother to go through this.” However, even if the court is unpersuaded by Robyn’s argument, the media attention this case is generating might be sufficient to motivate the legislature to act. This challenge raises some important questions about family law legislation in Ontario. Should non-married parents be treated differently than married parents? Presently, the law dictates the act of creating a child only mandates 18 (plus any additional school years) years of legal responsibility, while the act of marriage (and divorce), makes the parents responsible (by law) to the child for their entire life. The court will have to assess if the is law trying to distinguish between divorced parents and non-married parents. If the law is not trying to achieve this purpose, it would be arbitrary for the law to in effect, treat disabled children of non-married parents differently than disabled children of divorced parents. Given Ontario’s Family Law Act does not distinguish between divorced and non-married parents in other capacities, it is likely that the law in question is arbitrary and therefore, discriminatory. If you need assistance navigating your family dispute, Devry Smith Frank LLP’s family law group can provide you with the guidance and support that you require. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Family LawMay 26, 2017June 24, 2020
Grandparents’ Custody and Access Claims Enhanced by Amendments to Ontario’s Children’s Law Reform Act Parents’ separations can mean difficult transitions for children. Grandparents very often play a special role in these circumstances, providing their grandchildren with stability and unconditional love when they need it most. These times of transition, however, can also lead to parents and grandparents becoming estranged from one another, such that grandparents’ access to their grandchildren can be abruptly reduced or terminated. In Ontario alone, an estimated 75,000 grandparents have been denied access to their grandchildren (as reported here). Recent amendments to the Children’s Law Reform Act (the Act), in force since January 1 of this year, may help such grandparents. Section 21 of the Act has been amended to make specific reference to grandparents as among the parties who can bring an application for custody or access. Subsection 24(2) , which lists factors used to determine the best interests of the child, has been amended to specifically refer to “a parent or grandparent” as among those whose “love, affection and emotional ties” to the child must be considered. In context, the amendments are as follows: Application for custody or access (1) A parent of a child or any other person, including a grandparent, may apply to a court for an order respecting custody of or access to the child or determining any aspect of the incidents of custody of the child. R.S.O. 1990, c. C.12, s. 21; 2016, c. 23, s. 3; 2016, c. 28, s. 1. Merits of application for custody or access (1) The merits of an application under this Part in respect of custody of or access to a child shall be determined on the basis of the best interests of the child, in accordance with subsections (2), (3) and (4). 2006, c. 1, s. 3 (1). Best interests of the child (2) The court shall consider all the child’s needs and circumstances, including, (a) the love, affection and emotional ties between the child and, (i) each person, including a parent or grandparent, entitled to or claiming custody of or access to the child, (ii) other members of the child’s family who reside with the child, and (iii) persons involved in the child’s care and upbringing; What’s Changed? The amendments consist of only eight added words – fewer characters than your average tweet. While hardly revolutionary, some things certainly have changed. Grandparents were always able to bring applications for custody of, or access to, their grandchildren – they were simply included as “any other person” under section 21. Likewise, considering the “love, affection and emotional ties between the child” and others, including a grandparent, was always required of judges in determining what custody or access arrangement was in the best interests of the child (section 24). Now, however, judges must specifically consider these ties between child and parent, and child and grandparent, rather than simply between the child “and those entitled to or claiming custody or access.” In other words, the grandparent-grandchild relationship is now expressly considered as a component of the best interests of the child. While it is too early to tell whether and how the courts might seize on this amendment, one might expect that all else being equal, the courts would be more likely to make an order granting access to one’s grandchild. After all, to the extent the grandparents play a positive role in a child’s life, it will be difficult to argue that their role should be reduced or halted in the child’s best interests. Parental Autonomy Undermined? Some of you may be thinking, “Wait, what if the parent has a good reason to keep their kid(s) from their grandparent(s)? Aren’t parents better placed than courts to decide what’s best for their kid(s)?” These and other issues were raised during a parliamentary debate. To be clear, the amendments do not require that grandparents be given access or custody, just that their unique relationship with grandchildren be considered in making those determinations. Of course, a parent may have a sound, child-focussed rationale for denying grandparents access to the child. In such a case, it is the best interest of the child (or grandchild) which will determine the outcome. These amendments, appear to be aimed at cases where grandparents’ access is unreasonably withheld. Consider, for example, loving maternal grandparents, previously heavily involved in a child’s life, who are now denied access because the father, who was just awarded sole custody, has decided that it is no longer necessary for them to continue seeing their grandchildren. In this all too common scenario, the decision to deny access is not based on the child’s best interests. Indeed, it may well be harmful to the child. This is where the courts have been instructed by Parliament to intervene. Parental autonomy is important, but the law is clear: the best interests of the child are the courts’ predominant concern. Given these amendments, the grandparents in question may now have a better chance of asking a court to grant them access in the face of the parent’s objections. What happens next? These amendments will be welcomed by the thousands of grandparents who might find in them some hope of reuniting with their grandchildren. Some parents may instinctively object to the courts second-guessing their choices, but, as a society, we’ve long restricted parents’ behaviour where it is seen to harm their children. Thanks to these amendments, a judge must now specifically consider a grandparent’s important role in a child’s life. Are you a grandparent seeking access to, or custody of, your grandchild? The experienced family lawyers at Devry Smith Frank LLP can help. For any family law concern, please do not hesitate to contact us at 416-449-1400 in Toronto, 705-812-2100 in Barrie, or 289-638-3171 in Whitby, or send us an email at info@devrylaw.ca. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Family LawMay 23, 2017June 23, 2020
Air Passenger Bill: Does it Really Protect Passenger Rights? Transportation Minister Marc Garneau introduced a Passenger Bill of Rights which is included in a package of amendments to the Canada Transportation Act. This bill is being introduced as a result of the United Airlines incident, where a passenger was dragged from a plane in Chicago after he refused to give up his seat on an overbooked flight. That incident was the first of many for multiple airlines that suffered from negative PR in the last month or so. This bill, known as Bill C-49 or the Passenger Bill of Rights, however, has been said to protect the airlines, not the passengers. The main purpose of the bill is to have the Canadian Transportation Agency (CTA) set clear standards for how passengers can be treated, which include: Situations where they are denied to board Lost baggage Delays while on the tarmac A passenger rights advocate, Gabor Lukacs, has concerns with this bill. The bill does not outline penalties for companies that do mistreat customers, and complaints must be filed by the person affected, which means that action cannot be taken against airlines for problems such as overbooking of flights. A consumer group labels this bill as ‘useless’ to passengers, as it does not enforce the rights of travellers, and does not include new sanctions against airlines if they were to break the rules. See the full list of concerns here. Canada is well behind in the area of passenger rights, seeing as sixty countries have some form of passenger rights legislation, with the U.S. and E.U. as the only ones with compensation rules established for passengers that get bumped from flights. Unfortunately, with the wording in this legislation, it leaves the Canadian Transportation Agency to create and implement the standards at some point in the future, while our Canadian airlines are suffering in the satisfaction category with Air Canada dead last in North America, and WestJet second-last in the low-cost carrier category. Complaints have increased significantly against Canadian carriers between 2011 and 2016, and if the CTA does not implement a set of rights that protect passengers, they may continue to receive complaints until something is done. If you are in need of representation or have any questions or concerns, please do not hesitate to contact the lawyers of Devry Smith Frank LLP today at 416-449-1400, or browse our website for more information. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Human Rights LawMay 23, 2017June 23, 2020
General Electric Workers Exposed to Toxic Chemicals for Decades Between 1945 and 2000, General Electric’s factory in Peterborough was the epicentre for many work-related illnesses among employees and retirees, a study of chemical exposures at the plant reveals. This, however, is nothing new. The community has been saying this for quite some time, and the 173-page report confirms this. GE’s plant workers built household appliances all the way to diesel locomotive engines and fuel cells for nuclear reactors. The workers were exposed to more than 3,000 toxic chemicals in the process, some of which include 40 to be cancer-causing. Workers were exposed to these chemicals at levels hundreds of times higher than what is now considered safe, says the report. General Electric allowed workers in the past to handle the toxic substances without protective gear, which they were rarely offered. As they were paid by the piece and not by the hour in the 1980s, there was an incentive to cut corners. Seeing as about 500 lbs. of asbestos was used daily and workers did not have respiratory protection or proper ventilation, it is no wonder these employees have had trouble with their health after being exposed. The managers also knew the harm that these chemicals can cause to people without the proper protection, as early as the 1920s and 1930s. The lead was another huge component that circulated the plant. Workers used about 40,000 lbs. in a week to produce PVC pellets until the 1980s, and also experience daily exposure to: Solvents Welding Fumes Epoxy Resins PCBs Beryllium Uranium Daily exposure to the above without proper protection is extremely dangerous. However, around 2000 is when safety measures were being mandated, and since then, GE’s plant is a smaller operation, and spotless. The report will be used to support occupational disease claims that were previously denied by Ontario’s Workplace Safety and Insurance Board (the “WSIB”). Hundreds have filed compensation claims, and unfortunately, Ontario’s worker compensation system does not allow employees to sue their employer when they have been given the ability to claim benefits when they are injured or fall ill because of work. The WSIB has been given 660 compensation claims from GE workers since 2004, with 280 accepted, more than half withdrawn, abandoned or rejected because of insufficient evidence that the conditions were work-related. “Workers that suffered from working within the plant were forced, for many years, to provide proof of their working conditions, only to be told this is anecdotal,” said Sue James, whose father worked at the plant for 30 years and died of lung and spinal cancer, believed to have been caused by exposure to the chemicals used in GE’s plant. A former employee believes he developed colorectal cancer because he worked more than 22 years under asbestos-wrapped pipes, which would occasionally shed while he worked. This employee, Roger Fowler, was one of the former employees who worked on the report. With this investigation drawing some attention, the provincial labour ministry announced it will be setting up an occupational disease response team by the end of the year to focus on chemical exposure prevention and help sick workers file compensation claims. 11 retirees worked as advisers on this report. Together, this committee along with health researchers Bob and Dale DeMatteo, interviewed over 75 former workers to gather information on working conditions and production processes. The data collected from these workers was coupled with data from labour ministry inspection reports, joint health and safety committee minutes, company memos, industrial hygiene literature and other documents, gathered by the union. At Devry Smith Frank LLP we provide a full range of services to suit any need. If you are seeking information or representation for a similar situation, please contact the lawyers of our Health and Safety and Employment Law Teams today. If you require more information please call us today at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Employment Law, Human Rights LawMay 19, 2017June 23, 2020
A Threat to Access-To-Justice in Ontario Legal aid is a central component of the Canadian justice system, and of justice systems elsewhere in the world. Legal aid helps those individuals who are otherwise unable to afford legal representation and access to the court system. No matter the legal issue – be it a landlord/tenant dispute, or a child custody dispute – legal aid is available to low-income Canadians in order to promote access to justice. In 1998, the Ontario government enacted the Legal Aid Services Act. This Act speaks to the Province’s commitment to legal aid and access-to-justice. However, recent statistics have revealed that our Province’s commitment may have extended a bit too far, financially speaking. As reported by Legal Aid Ontario (LAO) this past January, the agency has a deficit of approximately $26-million. Not surprisingly, the agency will require “significant support to enable it to meet its targets,” one of which includes assisting more than 1 million Ontarians annually. LAO has had to make some difficult decisions regarding cutbacks in order to remain afloat. One of the most notable decisions made by LAO is that the agency will no longer cover costs for a criminal dispute unless there is a “substantial likelihood of incarceration.” What this means is that many low-income Ontarians are now left with no choice but to represent themselves. Not only is this stressful for the self-represented litigant – who if convicted, may lose their job or be faced with a fine they’re physically unable to pay – but it also eats up more oh-so-valuable court time, as the Judge has a duty to ensure the self-rep is given a fair trial. In order to appropriately exercise this duty, the Judge is required to aid the accused in the proper conduct of his/her defence, and guide him/her throughout the trial in order to ensure the defence is brought out suitably. In January, Attorney General Yasir Naqvi ordered a third-party review of LAO’s finances. The review was conducted by Deloitte, who found that the changes implemented by LAO thus far are insufficient, and more must be done in order for the society to realize significant savings. LAO’s president and CEO, David Field, disagrees with Deloitte’s findings and states that LAO is “happy with the progress we’re making [since December].” However, when one considers the recent influx of refugees to Canada, the picture is again worrisome. Many refugees are low-income, which means that the LAO is likely to face increasing demands for services in the near future, and this is a demand they’ll be unable to meet. Cooperation from the Federal government is essential to resolving the problems faced by LAO, and by legal aid agencies across Canada. Ultimately, the Minister of Justice and the Minister of Finance must take action to initiate federal funding for legal aid, not only for Ontario but for Canada as a whole. And with regards to Canadian taxpayers, though we all have a lot to say about the uses to which our money is being put, it’s hard to argue against improvements to the justice system, especially when such improvements are so vital for so many Canadians. If you are in need of representation, please contact the full-service law firm of Devry Smith Frank LLP at 416-449-1400 for more information, or visit our website today. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Human Rights LawMay 14, 2017June 23, 2020
Construction Trust Claims: How to Protect Yourself Caught up in the moment of construction work chaos and scrambling to complete jobs, it is all too easy for invoices to accrue and accounts to build up. While construction liens provide one way to secure payment due to contractors and subcontractors, preventing one’s lien rights from expiring requires meeting strict deadlines, which are often missed. Construction Trusts The Construction Lien Act creates a scheme for statutory trusts which exist for the benefit of contractors and subcontractors. All amounts received by an owner, other than the Crown or a municipality, that is to be used in financing a project constitute a trust fund for the benefit of contractors. Similarly, all amounts owing to a contractor or subcontractor, whether or not due or payable, or received by a contractor or subcontractor, on account of the contract or subcontract price of improvement, constitute a trust fund for the benefit of the subcontractors and other persons who have supplied services or materials to the improvement who are owed amounts by the contractor or subcontractor. Owners and contractors who hold funds in the trust can only apply those funds for purposes consistent with the trust. Otherwise, the corporation or person who is the trustee along with the officers and directors of a corporate trustee, and any person “who has effective control of a corporation or its relevant activities” which could include employees or agents of the corporation, may be held personally liable. This can often make a difference from a recovery perspective, especially if the payer is a corporation, and the corporation is insolvent. According to St. Mary’s Cement Corp. v Construc Ltd., the following elements must be proven to establish the existence of a trust: The plaintiff who is owed did supply services or materials: This can be established by oral testimony or substantiated through documentation including invoices, communication confirming services and materials provided (ie. By e-mail, text, etc), account statements, etc. The project is considered an “improvement” pursuant to the Construction Lien Act: According to section 1(1) of the Act, an “improvement” means, in respect of any land (a) any alteration, addition or repair to the land, (b) any construction, erection or installation on the land, including the installation of industrial, mechanical, electrical or other equipment on the land or on any building, structure or works on the land that is essential to the normal or intended use of the land, building, structure or works, or (c) the complete or partial demolition or removal of any building, structure or works on the land The contractor would have to describe its role in the project, the work it was hired to complete, the work that was in fact completed, and how it fits under one of the three categories above. The plaintiff is owed monies on the project The defendant(s) received money for the improvement: The plaintiff would need to demonstrate that the defendant(s) – be it the owner of the property, the general contractor, or a higher-up sub-contractor – has received funds for work completed. This information may be obtained by way of a request for information under section 39 of the Act. While construction trust claims may be a useful tool for contractors and subcontractors who are seeking to collect on unpaid accounts, the flipside of this is that owners, contractors, and sub-contractors who are trustees need to be cautious in order to avoid exposure. In addition to keeping proper records, trustees should keep trust funds separate from their general accounts. When trust funds for the project are mixed with other funding and expenses in one general bank account, it is much more difficult for a trustee to account for the trust funds and as a result, the trustee is more likely to become exposed. For more information or any other questions regarding construction trusts, please contact our construction law team of lawyers. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Construction LawMay 12, 2017June 23, 2020
Targeting the Few Bad Agents in A Growing Toronto Real Estate Market Toronto’s real estate market is currently facing unprecedented growth. Hefty real estate commissions and a lagging economy in other job areas have attracted many people to the career of a real estate agent. While the majority of agents complete a transaction in the client’s best interest, it is clear that there are not enough legal regulations to protect the public from the few bad apples in the bunch who complete deals for their own financial gain. One example of the perfectly legal but shady practice is a “double-ending deal”— i.e. where the real estate agent represents both the buyer and the seller, collecting a commission from each side. While double-ended deals can be fine if the agent clearly communicates their role, conflicts and what they can and cannot do, these types of transactions expose both sides to a high level of risk that their agent may not be acting ethically. Not only do these transactions give rise to conflicting duties to the client (and it is unclear which client the agent is fully advocating for), they can result in both sides paying more for the transaction, despite the agent’s promise of a lower commission rate. Last November, a CBC Marketplace investigation revealed six real estate agents making promises in clear violation of the Real Estate Council of Ontario’s regulation and Code of Ethics. Captured on hidden cameras, the agents promised open house walk-ins that if they chose to use them (the seller’s agent) to buy the property, they could “control the sale” guaranteeing that the buyers would win the home purchase or that they would use insider information to leverage their offer over others. Another concern is about agents who offer “exclusive listing” sales where the buyer’s agent encourages them not to put their home on the open market but instead sell it within the agent’s pool of potential buyers. The research is clear: higher prices are obtained for homes that are placed on the open market. Usually, the one to two percent savings that the agent offers to buyers willing to go through these transactions is paltry compared to the higher price they would have seen on the open market (see this Huffington Post article). Sellers should always be the ones to decide when the solicitation of offers ends. A buyer should be wary if their agent pushes for “one-and-done” offer rounds or to avoid multiple rounds during a bidding war. If the seller’s agent also represents the buyer they should present their own client’s offer first, not last. Other red flags are poor or non-existent photography in the MLS listing (which makes open house walk-ins the primary way of selling the property) or lack of communication with interested buyers (which dissuades growing interest in the property). While I agree with some commentators’ position that an outright ban on double-ended transactions would offer an easily-enforceable solution, I also believe that more should be done to raise the standards of entry for the profession as a whole. Right now, it only takes 213 hours to become a licensed real estate sales professional and the focus of the model is on individual agents, instead of the brokerage as a whole. Placing more responsibility on the brokerage to oversee their agents’ conduct is also a solution that should be considered. With that being said, the best protection from the few unscrupulous agents in the industry is buyers and sellers who know their rights and how to spot practices that raise red flags. If you are in need of a real estate lawyer, please visit our website and contact one of our real estate lawyers today. If you are in need of any other services or have any questions, you may also contact our Toronto office directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiUncategorizedMay 11, 2017June 23, 2020
How to Change Existing Child Support Payments and Visitation Agreements Family lawyer John Schuman was recently asked the following question: I want to change my child support amount and the visitation agreement. How do I go about doing that and what forms do I need? Answer By John Schuman: There are three ways to change child support: 1. If you and the other parent agree on the change – either because your income has changed or the children’s living arrangements have changed, you can do one of the following: Draft up an “amending agreement” to your separation agreement File a motion to change support on consent at the court, if you have a court order It can be dangerous to reduce your child support, even if your ex agrees. Without a formal agreement or court order, the other parent can go back and enforce the last formal agreement or court order, and you could end up owing a lot of money. 2. If the other parent does not object and you do not fall into one of the exclusions, you can use Ontario’s Online Child Support Calculation Service to adjust support. You cannot use the service if: You have shared custody Do not earn most of your income from a salary, or earn more than $150,000.00 per year. If a child is 17.5 years old or older and is still entitled to support. In these situations, child support may be more than a simple calculation. But, if your child support will be a simple calculation, for an $80 fee, the Ministry of Finance will get both parents’ tax returns and do the support adjustment for you. 3. If neither of the above options works for you, then you will have to bring a Motion to Change Support in Family Court. The procedure to change support is usually simpler than an initial divorce of Family Court Application. It may involve 2 appearances or less. Either parent can also use this process to change the support paid under a separation agreement if the other parent does not agree. To learn more about how to do this, listen to this podcast and watch this video. If you are not sure whether you should ask to change child support, listen to this podcast or watch this video on how to calculate your child support obligation. In any case, it is best to speak to a family lawyer about your situation and figure out which option works best for you. You may be able to save on legal fees by using unbundled services. Changing “visitation” or the “parenting schedule” may not be as straightforward. If you cannot agree on changes to visitation or the parenting schedule, then you should consider using a parenting mediator, or one of the other lower-conflict ways of resolving parenting issues. Finding non-confrontational ways to resolve parenting issues, including the parenting schedule, is much better for the kids. If you find that the other parent is being unreasonable or not acting in the children’s best interests, then you may have to go to Family Court. If the children might be harmed, or if you are not seeing them at all, you may be able to get an Emergency Custody Order. Otherwise, you would use the same “Motion to Change” procedure that applies for support. In making any decision about children, judges only do what is in the child’s best interest and have factors to consider in making that determination. Since those factors are what a judge will use, you should take them into consideration when deciding what kind of visitation or parenting plan to seek. There are many different types of parenting arrangements after separation and what works best depends on the child. If you are not sure or have concerns, then it is important to talk about your specific situation with a family law lawyer. In doing so, you will ensure the best result for your children. You can get a lot more information about Ontario Family Law issues, including a further explanation of child support, family court, child custody, and parenting legal issues by downloading this $9.99 e-book for Kindle, Kobo, or iPad/iPhone/Mac or ordering the paperback version. However, it is always best to seek experienced legal support by meeting with a good family law lawyer. John Schuman is a Certified Specialist in Family Law. He is the partner managing the Family Law Group at Devry Smith Frank LLP, a full-service law firm located near Eglinton and the Don Valley Parkway in Toronto. Learn more about John! Call him at 416-446-5080 or 416-446-5847 or email john.schuman@devrylaw.ca Listen to the Ontario Family Law Podcast! Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact John P. Schuman, C.S., or search the Lawyer Directory. By Fauzan SiddiquiBlog, Family LawApril 24, 2017September 9, 2022
Update: 16 Measures To Cool Down Toronto’s Red-Hot Housing Market Recently, we published a blog post informing the public that on Thursday, today, the Finance Minister would be releasing the measures that all levels of the government will take to help cool a hot housing market. Premier Kathleen Wynne joined Charles Sousa, Finance Minister for this announcement which actually included 16 measures, among them, were the 15 per-cent foreign buyers tax, expanding rent control, the ability to impose a tax on vacant homes, and use surplus lands for affordable housing. Here are the 16 measures: A 15-per-cent non-resident speculation tax to be imposed on buyers in the Greater Golden Horseshoe area who are not citizens, permanent residents or Canadian corporations. Expanded rent control that will apply to all private rental units in Ontario, including those built after 1991, which are currently excluded. Updates to the Residential Tenancies Act to include a standard lease agreement, tighter provisions for “landlord’s own use” evictions, and technical changes to the Landlord-Tenant Board meant to make the process fairer, as well as other changes. A program to leverage the value of surplus provincial land assets across the province to develop a mix of market-price housing and affordable housing. Legislation that would allow Toronto and possibly other municipalities to introduce a vacant homes property tax in an effort to encourage property owners to sell unoccupied units or rent them out. A plan to ensure property tax for new apartment buildings is charged at a similar rate as other residential properties. A five-year, $125-million program aimed at encouraging the construction of new rental apartment buildings by rebating a portion of development charges. More flexibility for municipalities when it comes to using property tax tools to encourage development. The creation of a new Housing Supply Team with dedicated provincial employees to identify barriers to specific housing development projects and work with developers and municipalities to find solutions. An effort to understand and tackle practices that may be contributing to tax avoidance and excessive speculation in the housing market. A review of the rules real estate agents are required to follow to ensure that consumers are fairly represented in real estate transactions. The launch of a housing advisory group which will meet quarterly to provide the government with ongoing advice about the state of the housing market and discuss the impact of the measures and any additional steps that are needed. Education for consumers on their rights, particularly on the issue of one real estate professional representing more than one party in a real estate transaction. A partnership with the Canada Revenue Agency to explore more comprehensive reporting requirements so that correct federal and provincial taxes, including income and sales taxes, are paid on purchases and sales of real estate in Ontario. Set timelines for elevator repairs to be established in consultation with the sector and the Technical Standards & Safety Authority. Provisions that would require municipalities to consider the appropriate range of unit sizes in higher density residential buildings to accommodate a diverse range of household sizes and incomes, among other things. For the full CTV News article, click here. If you are in need of a real estate lawyer, please visit our website and contact one of our real estate lawyers today. If you are in need of any other services or have any questions, you may also contact our Toronto office directly at 416-449-1400. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Real EstateApril 20, 2017June 19, 2020
Ten Measures To Be Announced To Help Fix Toronto’s Housing Market On Tuesday, April 18th, 2017 Finance Minister Charles Sousa announced that he is set to unveil 10 measures to help with Toronto’s out of control housing market, which will be released as early as Thursday. These measures will range from rent controls to a new tax on real estate speculators. The release of Charles Sousa’s plan will be about a week ahead of the release of the first balanced budget since 2008. Tuesday for the announcement, Sousa met with Federal Finance Minister Bill Morneau and Toronto Mayor John Tory. They met for an hour to discuss housing issues which included a discussion on current market trends, and what the intentions are with the plan with a focus on rent controls and addressing the current policy that excludes buildings built after 1991 from rent controls. Expectation on Rent Increases From an article released by the Toronto Star, the expectation on rent increases, when the 10 measures are implemented is that the annual increase will be 3.5% which is significantly better than what some condo owners have been subject to, such as having their rental cost double. Housing Speculator Crackdown Part of Charles Sousa’s plan is to place a levy on housing speculators and foreign buyers. This could include a vacancy tax to discourage investors from leaving their properties empty, to either rent them out or move in themselves if possible. All Government Levels Serious With all levels of the government working together to control Toronto’s housing market, they want to make it clear that they are taking the current state of the market seriously and have decided to have quarterly meetings focusing on housing. All of this seems like a step in the right direction, as the Bank of Canada governor recently said the 33% yearly increase that we have seen is deemed as unsustainable. Once the plan is released, the public will have a better idea of what these 10 measures are going to address. The most important thing about this plan is that its goal is to protect buyers and sellers while stabilizing the housing market. Tim Hudak, CEO of the Ontario Real Estate Association, stated that he believes the best solution is to get new homes and the supply of homes up, the amount of supply available in the issue. With higher supply, the hope is to limit the number of bidding wars that occur, in turn, lower the prices that homes go for. His final note was that he likes that all levels of the government are getting involved, it is a good thing they all want to work together to solve the problem. Until the plan is put into action, which is expected to be announced on Thursday we’ll have to put our trust in all levels of the government that they will be able to successfully manage Toronto’s hot housing market. If you are in need of a real estate lawyer for a purchase or sale of a home, please contact one of our real estate lawyers today, or call us directly at 416-449-1400. For more information please visit our website. “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Real EstateApril 18, 2017June 19, 2020