Author: every_dnlawfi

Canada opens its door for nationals from other countries and welcomes them to immigrate to Canada. However, it’s not as easy as booking a flight and crossing the border. There are laws and regulations that apply to immigrants and potential immigrants, and those laws must be complied with.

We have different programs under which you can apply to come to Canada. There are five (5) main categories of programs:

Study in Canada

Our institutions of learning have a high number of international students. You are likely to meet a considerable number of students from your country of origin in one of Canada’s institutions of learning. For international students, you can only study in a Designated Learning Institution (“DLI”).

Whatever school you apply to, ensure that it falls under a DLI. A DLI is an institution that has the mandate to enroll international students. You will need to apply to the school and wait for the admission letter before applying for a Study Permit. This permit shows that you are in Canada for studies.

The study permit usually lasts the whole duration of your program plus 90 days, but it can expire before your studies are complete. In such a situation, you will need to apply for renewal, if you want to retain your status in Canada.

Work in Canada

If you would like to work in Canada, you will need to apply for a work permit. It refers to those working on a temporary basis. There are three types of work permits:

• Employer Specific: includes your employer’s name, location, and the period for working.
• Open: with this permit, you can work for any employer except for those who do not abide by the regulations of the Temporary Foreign Worker Program, and International Mobility Program.
• Post Graduate: it allows graduates to gain experience especially as they seek to improve their chances of acquiring Permanent Residency status.

Just like the study permit, a work permit also has an expiration date. You can choose to change your status by applying for residency or extension of the permit. At Deol & Nagpal Law Firm LLP, we offer assistance to those applying for Permanent Residency and Work Permits, in all categories.

Skilled Workers

This program is for those with a specific skill set who would like to immigrate to Canada. In this program, all applicants are placed in a pool, the Express Entry System, and selection is done based on ranking. The skills you offer and your ability to contribute to the economy are significant factors to consider.

Sponsorship

In some instances, you could be looking to sponsor a spouse or family member to join you in Canada. The government of Canada adopted this initiative to promote reunification of families. You can only be a sponsor if you are 18 years of age or older.

Only Permanent Residents, Citizens, and Registered Indians can sponsor their family members to Canada. As a sponsor, you should be able and ready to provide financial assistance to the one you want to sponsor. One of our areas of specialization is assisting applicants in their Spousal sponsorship, and family class sponsorship applications.

Business Class Visa

This program applies to investors, start-ups and the self-employed. The program targets individuals who would like to invest in Canada and create employment opportunities for Canadian citizens.

We understand the pressure, excitement, and sometimes frustration that comes with the immigration process. We offer efficient services as we help you fast-track your application, from start to finish.

We also provide representation in IAD and Federal appeals. You should consider coming to us for your preparation of sponsorship declarations for your Super visas and visitor’s visa. Contact us at: 905-796-0911

When disputes arise that are not criminal in nature, those disputes are resolved in the civil justice system. This is referred to as civil litigation. Disputes can arise in many ways: between employer and employee; between business partners; between someone injured in an accident and the person who caused the accident; between parties to a contract; and many other scenarios. Whenever a wrong has been done to someone that is not criminal, the person who was wronged can ask the court to give them a remedy. We have experience with all types of civil litigation claims and can help you resolve your disputes.

If you think that you have been wronged, it is important to get legal advice quickly. There are time limitations on how long you can wait before bringing a claim against someone in a civil litigation matter. Generally, that time period is 2 years from the time that you knew, or ought to have known, that the wrong was done to you. At Deol & Nagpal Law Firm LLP, our lawyers can help you understand your rights, and the timelines that apply.

Wrongful Dismissal Claims

An employer can always fire its employees, but there are laws that the employer must abide by. An employee can either fire an employee with cause, or without cause. With cause means the employer is firing the employee because the employee was in breach of their employment agreement. Without cause means the firing is not because of a breach of the employment agreement, but in that case, the employer must give the employee reasonable notice that their employment is being terminated or must pay the employee in lieu of that notice.

Disputes often arise between an employer and employee when an employee is fired. When an employee is fired with cause, the employee may dispute that they were in breach of their employment agreement or may dispute that they were given any warning. When an employee is fired without cause, the employee may dispute the amount of notice that the employer has given.

If your employment is being terminated, it is important that you get legal advice. Even if your employer is providing you with notice, you should obtain advice to be sure that you are receiving the right amount of notice, and that you are being paid everything that you are entitled to.

Contract Disputes

A contract is an agreement that is made between two or more parties. Disputes often arise regarding contracts. In some cases, the contract is breached by one party, meaning that they do not do what they agreed to do under the contract. In other cases, there is a disagreement about what the contract really meant. When the parties cannot resolve these disputes themselves, the courts can resolve the dispute for them.

Construction-Repair and Storage Liens

Liens that can be attached to property for non-payment are strictly governed. The Construction Lien Act provides strict timelines for the registration and perfection of construction liens. Whether you are a property owner who has had a lien placed on your property or you are a contractor who needs to place a lien, it is important that you obtain legal advice from a lawyer who understands construction and other liens.

In addition to construction liens, we can assist you with construction contracts and obtaining financing and security for construction projects.

Small Claims Court

Disputes involving property or claims worth $25,000 or less can be brought in Small Claims Court. We can assist you with your small claims court proceeding, either by acting for you in the proceeding or providing you with legal advice to assist you in representing yourself.

At Deol & Nagpal Law Firm LLP, our goal is to help you solve problems. When faced with a dispute, we can help you ensure that your rights are protected by taking action within the time limitations. We will work with you to develop a strategy to resolve your dispute and will provide you with the advice and guidance you need to help you solve your problem.

If you are facing criminal charges, we can assist you. We offer legal representation to clients charged with any criminal offense and can assist you from the moment of arrest through to resolution. We are flexible and can meet with clients even at the detention center. We accept legal aid certificate.

It’s Important to Have Advice

When facing charges, you can choose to represent yourself. However, even if you decide to represent yourself, it is ideal to seek advice from a defense lawyer. We can provide you with limited assistance by explaining the process and helping you develop a strategy for resolving the charges.

At Deol & Nagpal Law Firm LLP, we offer one-time free half an hour consultation for criminal matters. Reach out to us for your Criminal Defence needs.

Right to Silence and Other Rights

Under the Canadian Charter of Rights and Freedoms everyone has a right to silence, as well as other rights that must be protected, even when you are being investigated or charged. It is important to speak with a lawyer so that you understand your rights. For example, your right to silence could be applicable when speaking to the police and the interview could involve self-incriminatory statements. In certain circumstances, such statements made to the police or any third parties can be used against you at the trial.

Innocent Until Proven Guilty

The Canadian Charter of Rights and Freedoms also provides for a presumption of innocence. This is a fundamental right that applies to every accused. The presumption of innocence provides that the accused is presumed to be innocent until, after a fair hearing, he or she is proven guilty by an impartial and independent tribunal. The allegations made at the time of arrest are mere allegations until proven.

We believe in treating everyone equally and fairly. Criminal proceedings and the procedure that applies are complicated. You may not understand all the implications and technicalities of a criminal proceeding. Having a competent criminal defense lawyer to plead your case will help guide you through it.

Pleading Guilty

Criminal proceedings can be stressful for you, your family and those close to you. It is important to understand all your options and the ramifications of choosing from those options. Pleading guilty can seem like a good way to quickly put the matter behind you, and in some cases, it is the right decision. But, you must consider all the consequences. If you plead guilty to the charges you are facing, it may lead to the finding of guilt or conviction and may leave you with a criminal record. This can have long-term consequences. For example, it may impact your ability to gain employment, to travel or to volunteer. It is important to discuss your options with your criminal defense lawyer before you choose to plead.

Just because it is easy and inexpensive, doesn’t mean it is always the ideal option.

Family disputes are emotionally draining. We understand that.

At Deol & Nagpal Law Firm LLP, we value each other and our clients as a family does. This value prompts us to approach each Family Law case with care and attention. We don’t just offer a listening ear but provide you with experienced legal advice and services.

We understand that each case is unique, and we strive to design ideal solutions based on the nature and circumstances of each case.

Divorce

You need to get a divorce, before remarrying

To remarry, you need to get a divorce. It is important to speak with a lawyer to understand when you can obtain a divorce, and what you need to do to obtain a divorce. Find a competent lawyer to discuss your options before you proceed in any direction. There are certain bars to divorce and there is a statutory wait period before granting the divorce; you must be aware of all the legalities surrounding your divorce before proceeding any further.

No matter how long you have been separated for, a divorce order must be granted by the competent court before you can remarry.

Parenting Plans

Care for a Child after Separation

When parents separate, it is important that they have a proper parenting plan. This is important for both the parents and the children. Access and custody arrangements may vary from one family to another. The common types of custody are joint, sole or shared custody.

Child support

It is a liability of the non-custodian parent

IChild support is a liability of the parent who doesn’t have custody of the child subject to shared parenting agreement or any other applicable qualifications.

The amount of child support that must be paid depends on the paying parent’s gross income. While there are some factors that will impact the amount of child support that is payable, the following link gives you an idea of how child support is calculated http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp

The child support order is usually enforced by Family Responsibility office (‘FRO”)

Resolving Family Law Issues

There are many different options for resolving family law disputes. We work with our clients to pursue the best course of action to resolve their issues, based on a consideration of the issues at stake, the positions of the parties and the costs associated with each process.

• Mediation:

Mediation involves bringing in a neutral third-party to help the parties resolve the issues between them. A mediator is not a judge but is someone who can help the parties work through their issues and agree on a resolution. Before initiating the mediation process, both sides need to consent to mediation, as a solution. If both parties are willing to resolve their issues by mediation, this can be a less expensive and quicker process than resorting to the courts.

• Collaborative Law:

Collaborative law involves the parties retaining competent legal representation to help them resolve their issues. Each party signs an agreement of participation. This method of resolution works when the parties can communicate with one another, and both wish to resolve their issues in an amicable manner. To reach an agreeable solution, both sides with their lawyer(s) may need to attend several meetings.

It is usually a cost-effective and speedy process.

• Arbitration:

Arbitration is like hiring a private judge. The arbitrator is usually a retired Judge or senior lawyer and is qualified to conduct the arbitration. The parties each hire legal representation and they share the cost of the arbitrator. An arbitration proceeds very much like a case in court, but it can usually be completed faster. Arbitration also offers the benefit of being confidential.

If you desire early dates and a speedy process, arbitration may be the right approach, but it will cost you more.

• Adversarial system

This is the Court system. It is typically lengthier and more time-consuming than any of the other options. It is possible to proceed with the other options, e.g., mediation, arbitration, or collaborative law, even if you are also proceeding through the court system. For example, even though you are dealing with the issues in the court, you may try to resolve some or all the issues through mediation.

Every Real Estate transaction involves both legal and financial obligations that must be properly reviewed and documented. It is essential to seek the services of a trusted and experienced lawyer before you sign an agreement of purchase and sale. The documents that you sign are binding legal documents – it is important that you have a lawyer to ensure that the documents are negotiated in your best interests, are explained to you thoroughly and that the entire transaction meets your needs, without surprises. While real estate transactions are “routine” and take place every day, there are unique considerations that must be addressed in every transaction.

We approach each case with keenness and attention to detail. We will carefully review the agreement of purchase and sale, keeping in mind your goals and your best interests. You should only sign the Agreement if it meets all your needs.

At Deol & Nagpal Law Firm LLP, we customize our services to our client’s needs. Whether you are a first-time home buyer or an experienced investor, we will ensure that we are providing you with services that meet your needs. Our team of lawyers has experience in all areas of Real Estate Law, including the purchase and sale of residential, condominium, and commercial property, as well as mortgages, and residential and commercial leasing.

Buying a Condominium Property:

If you are thinking of investing in a condominium as a rental property or would like to try living the condominium way of life, it is important to have a lawyer to guide you through the buying process. The purchase of a condominium is different from the purchase of any other type of home. When purchasing a condominium, you have to consider the credibility, debts, liabilities, assets, and reliability of the seller and the Condominium Corporation. You also need to understand the rules and regulations of the condominium building. For example, are there limits on renting out the condo units? Is smoking allowed? Are there noise restrictions?

We can walk you through every step of your purchase. We start by reviewing the Agreement of Purchase and Sale. Among other things, the Agreement should address the issue of parking and lockers.

It is especially important to seek the advice and guidance of a Real Estate Lawyer before waiving any conditions of the Agreement. Missteps can end up costing you a lot, and they can be avoided.

For those purchasing a new condominium, there are unique issues that affect the closing of the sale. New condominiums are subject to an interim occupancy period where the purchaser pays the developer:

• Monthly sums that consist of common monthly expense
• Interest on deferred purchase price, and
• Estimate of apportioned monthly realty taxes, until closing

Occupancy can only occur once the municipality permits the developer to begin occupancy. Except for some adjustments, usually, the amount you pay as occupancy fees will not be credited to the final purchase price.

You will also have to pay the remainder of the purchase price without securing a mortgage on the unit. It isn’t possible to secure a mortgage on the occupancy date. The final closing can be any time after the interim occupancy period. This varies depending on the schedule of occupancy as per the Ontario New Home Warranty Plan, and the final closing agreed upon in the Agreement of Purchase and Sale.

Before the final closing, the developer will have to register the unit’s declaration and transfer the title to the buyer. When you receive the title of purchase, on the final closing, that’s when you can secure a mortgage.

Before Closing a Real estate Transaction:

Inspection:

Consider getting a professional inspector to assess the state of the property. Remember to review the timelines in the agreement for inspection.

Mortgages / Line of Credits

Before you waive the financing conditions in the agreement, make arrangements for your mortgage. Upon approval of the loan, provide the lender with your lawyer’s information for directions on the next step. Your lawyer must deal with the financial institution to make the funds available on the closing date.

Property Insurance:

When purchasing property, the property becomes yours on closing. If something happens to the property (for example, a fire or flood), it is now your loss even if you haven’t moved in yet. You should arrange for property and liability insurance before or on the closing date. It will help you avoid any delays or inconveniences on the date of closing.

ADDITIONAL COSTS OF CLOSING

There are other costs that you need to be aware of, in addition to the purchase price of the property. These expenses include Canada Mortgage and Housing Corporation (“CMHC”) premiums, title insurance, land transfer tax, disbursements, registration fees, legal fees and applicable HST.

If you are purchasing a new property, you may also incur Tarion enrollment fees, development fees, driveway paving, and hydrometer installation, among other charges.

To avoid any surprise, please feel free to schedule an appointment with our office to understand the complexities of your agreement of purchase and sale, if any.

Cost Effective Service:

Deol & Nagpal Law Firm LLP understands that a real estate transaction is both exciting and stressful, whether you are the buyer or seller. We will guide you through the transaction, from prior to signing the Agreement right up to the closing date. We meet with clients personally to listen to their desires, resolve issues and provide guidance. Our legal fees are clearly explained so that our clients understand the charges.

Whatever Real Estate Transaction that you are in or are looking to dive into, be it Commercial or Residential, you can contact us at: 905-796-0911