How property division and support are decided in a divorce

By LegalMatters Staff • During a divorce, couples will see their property divided and one may have to pay the other child or spousal support. Property division and spousal support are rarely straightforward and may involve protracted discussions between spouses and their lawyers, mediation or even litigation. “In Alberta, the Family Property Act (formerly known […]

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Police can search a vehicle without a warrant in some circumstances

By LegalMatters Staff • Some people may believe police cannot search their vehicle in Canada without a warrant, As with many things with law, the rules in this area are not that simple. “The freedom from random vehicle searches is granted by s.8 of the Canadian Charter of Rights and Freedoms, when it states that

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The charge of forcible confinement is not as simple as it seems

By LegalMatters Staff • If you hold someone against their will by using threats, coercion or force, you could be charged with forcible confinement. This charge is commonly laid after a domestic altercation, where one partner does not allow the other person to leave a residence. “It is important to note that the charge of

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Will removing bike lanes impact the safety of cyclists?

The Ontario government recently introduced legislation that “would require municipalities to receive approval from the province before installing new bike lanes that would result in the removal of lanes for traffic.” Doug Ford’s Conservative government is also planning to remove bike lanes on Yonge Street, Bloor Street and University Avenue that cost the City of

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What is mediation and what are its benefits in a divorce?

By LegalMatters Staff • Many divorced couples rely on mediation to reach agreement on many important issues. These include: the division of property, assets and debt; spousal and child support; decision-making responsibility (formerly custody); and visitation rights. “The separation process can be overwhelming and filled with acrimony, especially if there are children or sizeable assets

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Poorly shovelled sidewalks will lead to slip and falls this winter

By Paul Russell, LegalMatters Staff • Many Canadians enjoy skiing, sledding or just walking through a snow-covered park during the winter. But a downside of the season is the increased likelihood of being injured in a fall, perhaps on an icy sidewalk or in a poorly maintained parking lot. “If you fall because someone neglected

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Disclosure: A fundamental right of anyone accused of a crime

By LegalMatters Staff • Anyone charged with a criminal offence in Canada has the right to know what evidence investigators have compiled. They can do that by asking for disclosure. “It will outline the charges laid against you, a summary of the evidence including testimony from witnesses and notes taken by officers during their investigation,”

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Parents that divorce need to create an effective parenting plan

By LegalMatters Staff • Divorced or separated parents must draw up a parenting plan that details how important decisions will be made about their children, such as where they will go to school and which parent they will live with. “When creating such a plan, you do not have to use legal terminology such as

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Citizenship not usually a factor when it comes to a personal injury claim

In light of news stories about immigration and permanent residents, some people may be left wondering what will happen if they are involved in a motor vehicle accident with someone who is not a Canadian citizen. In most cases, there is no difference than being in an accident with a Canadian citizen, provided the other

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Supreme Court of Canada says bail the ‘cardinal rule’ after an arrest

By LegalMatters Staff • Many people charged with a criminal offence are often released from custody on bail. The formal name is a “release order” and it may come with certain conditions, such as having a bail surety. Bail is usually given within 24 hours of an arrest, unless the alleged crime is serious or

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