GENERAL QUESTIONS Q: What can I expect to pay a lawyer to deal with my matter? A: Like so many things in law, the short answer is “It Depends”. In general a matter could cost as little as a few hundred dollars or could cost tens of thousands of dollars. It depends on the complexity of your matter, the urgency of your matter, your expectations, the opposing party’s expectations, the level of experience of the lawyer, the steps that have to be taken, the steps that have been taken… as you can see it is difficult to give a good approximation. We will do our best at your first appointment to give a general guide of what you can expect to pay once we review your matter. Contact us to set up an appointment.
FAMILY LAW QUESTIONS Q. Why do I have to provide my financial information when going through a divorce/separation? A: Financial information must be given to the other party during a divorce to figure out things like: 1) Child support; 2) Spousal support; and 3) Matrimonial Property. Both parties have to know what the other has to make sure they are entering into an agreement that is fair and reasonable to both parties. A lawyer or the Court can’t sign off on an agreement unless they know that both parties have seen each other’s financial information.
Q: When should I figure out the children's Christmas or other holiday schedule with my ex? A: January (only half joking). Do not wait until December or even November to discuss with your ex-partner what the plans are for Christmas/Holidays. If it isn’t already mapped out in an Order or in an Agreement, try to have the conversation over the summer. If you can’t agree then you'll have plenty of time to either refer to mediation, negotiations, arbitration or even a court application to iron out who gets the children over Christmas/Holidays.
CORPORATE LAW QUESTIONS
Q: Why should I use a lawyer to incorporate? A: Aside from making sure your corporation meets all the requirements under the Business Corporations Act, a lawyer can make sure your corporation is incorporated in a way that not only meets your current needs but any future needs of your corporation. The lawyer can also make sure that the yearly annual returns are filed and any other maintenance of the corporation is done. Incorporating with a lawyer at first can save you time and money later.
Q: What’s a corporate annual return? Is that what I file with the CRA? A: A corporate annual return is different than the income tax return that your corporation files with the Canada Revenue Agency. A corporate annual return tells Corporate Registries that you are still a corporation and you must pay a fee to remain ‘in good standing’ with Corporate Registries. If you don’t file for a couple years, Corporate Registries can dissolve your corporation because you didn’t file your corporate annual returns.
CRIMINAL LAW QUESTIONS
Q. What should I do if am asked to provide a breath sample after being suspected of impaired driving? A1: Blow (short answer); and A2: Refusing to provide a sample that is lawfully demanded, or improperly providing a sample may result in you being charged, however you may wish to ask to speak to a lawyer before providing a sample. It should be noted that a person does not usually have a right to contact a lawyer before providing a sample if the sample asked for is a roadside screening test, however, if a person fails that and is arrested and taken to a police station to provide a more accurate sample, the person usually does have a right to contact a lawyer before providing a sample at the station or on a breathalyzer mobile station as opposed to an Approved Screening Device given roadside, (longer answer).