We have all heard of innumerable tales of warring neighbours, who share bad blood due to issues like loud music being played at the neighbour’s house late every night, the neighbour’s overhanging trees encroaching on space in one’s yard, or due to the neighbour’s pet dog, who’s incessant barking during the wee hours of night disrupts one’s sleep. In contemporary times, there are systemic remedies available for those seeking relief from needling neighbours. Nuisance law is a tort law inherited from England and still sees relevance in many property disputes. Nuisance Law can be public or private. Lawsuits invoking the use of private nuisance law centre around neighbour’s getting sued for disrupting an individual’s enjoyment and use of their land.

To determine your legal standing and whether you have a valid nuisance case against your neighbour, you will have to satisfy two conditions. The courts need proof that the extent and nature of nuisance caused by your neighbour are unreasonable and the disruption continuous. Disruption can be in the form of excessive noise, noxious fumes, or physical property damage, among others. Regarding a valid nuisance case, some relief is provided by courts in the absence of help from local authorities.

While we do not have a right to absolute silence, no one wants to be on the receiving end of annoyance from their neighbours or experience disruption to their mental and physical well-being. We cannot take a cookie-cutter approach for every case because relevant facts differ based on locality, the general nature of the community and neighbourhood and the duration of the nuisance, among others. Seeking professional legal assistance is the best immediate option available to you.

If you have been subject to similar disturbing circumstances at the hands of your neighbour, do not hesitate to contact us. Our professional and experienced lawyers value your well-being and wish to support you through the legal process. For more information and targeted advice for your situation, book a free consultation at (647-699-7984) or visit our website 

Keep the following guide handy for when you have to prepare for your first consultation:

Finding the Right Attorney

Before booking your consultation, ensure that you shortlist lawyers who you might think will be a good fit. Consider looking up lawyers who specialize in or conduct their regular practice in the field of law relevant to your case. Family and friends who have used the services of a lawyer before can be a great source of information. You might also want to ask a lawyer whose services you previously used for referrals.

Getting To Know Your Attorney

Keep in mind that you will be spending a substantial amount of time with the lawyer you hire. To ensure that the lawyer will understand you and you will be able to work well together, you might want to consider asking them a little about themselves, such as their background and legal experience. It is a personal intervention, but getting the tricky bit out of the way will ensure a smooth legal journey later. Additionally, getting to know your prospective lawyer will help establish their credibility, thus helping you make the right choice. Ask them how many of these cases they have previously handled, how long they have been practicing for, and whether they are familiar with relevant local laws.  

Case Plan and Documents

It is helpful to give the lawyer a brief overview of your case. The critical question is to ask the lawyer what their proposed plan of action is for your case. This will determine whether you and your lawyer share the same goals and objectives and how well your strategies align. Your primary considerations will be the duration of the entire legal matter, along with proposed pathways regarding negotiation strategies. If you are looking to avoid taking the issue to court, make your position known to the lawyer. Be as honest and transparent as you can regarding the facts of the matter. Present both sides of the story, not just the facts that support your side. The lawyer may not be aware of crucial facts about your case, so consider taking important case-related documents to help them estimate the strength of your legal position and the possible duration of the case.

Person of Contact:

A point of concern is regarding who in the firm will be handling your case. In most large firms, lawyers usually have paralegals or legal assistants who handle much of the paperwork and tasking documentation of a case. However, this may not be the case in smaller firms. Additionally, you also need to know who your first point of contact will be in the firm, along with their response times. It is helpful to look around the firm and get a sense of the environment and the people working there. Since legal cases can get drawn out, it is best to ensure that you and the lawyer are on the same page from the get-go and have a similar outlook for your case.

Legal Fees:

One of the most critical considerations in legal cases is the costs involved. We are well aware that fighting a legal battle can be complex and lengthy, and it also comes at a price. You must discuss the nature of such costs with the lawyer during your first meeting, along with the method of calculation and going rates. Different firms may have different billing methods and usually ask for an initial fee called a “retainer” to get started, followed by hourly fee billing. Ask the lawyer for an estimated cost of the entire case, from start to finish, along with any additional bearings.

The final piece of advice is to carry a small diary or notepad to jot down the information your lawyer gives you so you have a record of your first meeting. The initial consultation is less about getting sound legal advice on your case but more about getting to know your prospective lawyer and determining whether they are the right fit.  We at Juzkiw Law offer the first consultation free of cost to determine the fruitfulness of our partnership and ensure you make the best decision for yourself. Our lawyers have extensive experience working with clients from all walks of life on varying legal matters. We aim to make the process hassle-free, and our true victory stands in your success. Please feel free to visit our website to book your free consultation now. For further assistance, do not hesitate to call us on +1 (416) 286-2645 or visit us!

A hardship in one’s relationship can have negative ramifications emotionally, mentally, and physically. But more often than not, it also impacts us psychologically. Following a divorce, one usually doubts themselves and concludes that the breakup or failure resulted from their shortcomings. 

However, we must not forget that as we evolve in life, moving from one phase to another, so should our personality and outlook. Rather than questioning your deficiencies, the best thing you can do for yourself is to start chasing your dreams and focus on creating a life that you always desired.

The following are some ways to cope with regaining your self-confidence post a divorce:

• Be Kind to Yourself

– It is very easy to sit and blame yourself for the failure of your marriage. However, the first step to regaining your self-confidence is to be kind to yourself and allow yourself to feel the multitude of emotions you might be experiencing. Going through a divorce can be a painful process, but giving yourself the love and care you deserve, along with ample time to grieve, can help ease your pain.

• Train your Mind to Think Positively

– Stay away from negative self-talk and focus on incorporating more positivity into your life. If you catch yourself in the downward spiral, stop yourself and ask yourself why you are treating yourself in such a manner. You might not believe it, but the power of positive thoughts can genuinely transform your life and outlook.

• Forgive Yourself and the Other Person

– It is essential to make peace with the past and forgive yourself and the other person for their mistakes. Being in denial about the situation will only make it worse, as the feelings of resentment might build up over time, and you may not outgrow them. Especially in the case of couples with children, avoid badmouthing the other parent as it can put a strain on their relationship with their children and create an unpleasant atmosphere for everyone involved.

• Rediscover Yourself

– Look at life after a divorce as a second chance to experience life to the fullest and rediscover the person you were before your got married. Indulge in all the activities you previously could not and step outside your comfort zone, whether it be enrolling yourself in a pilates class, joining the gym, or taking up a new hobby. This will give you a chance to meet new people and will also boost your mental health. Even if your goal is not to interact with people, creating a space where you feel most at ease will help you reconnect with yourself.

• Get Support

– If you find it challenging to improve your self-confidence during or after your divorce, consider seeking help and support from a professional counselor. An experienced family therapist or counselor likely knows how to guide you better, having had the experience of working with many clients who experienced similar feelings and were in a similar frame of mind as you. Additionally, you can speak to like-minded individuals who have gone through a divorce themselves and express your feelings.

We at Juzkiw Law know how unpleasant and messy divorce can get, and hence, we will do everything we can to make this process as peaceful and straightforward as possible. For more detailed information and guidance, feel free to contact us at +1 (416) 286-2645 or visit our website to book a free consultation with a specialized Divorce Attorney. 

on May 6, 2021 for making the permanent residence process much easier for international graduates and temporary workers. Canada has always valued international graduates as a source of new talent to support the economic growth. Canadian government wants to grant express entry for permanent resident to international students who recently graduated from Canadian post-secondary institutions and possess the skills and experience that we need to fight against current situation and accelerate economic recovery.

Applications accepted through three streams:

• Cap of 20,000 applicants for workers in health care
• Cap of 30,000 applicants for workers in selected essential occupations
• Cap of 40,000 applicants for international students who graduated recently from a Canadian institution

The stream will remain open for applicants until November 5, 2021, or until they have reached their limits for applications.

What are the eligibility criteria?

• Graduated after January 2017 from a Designated learning institution in Canada.
• Workers and graduates must have proficiency in one of Canada’s official languages (At least CLB level 5 English or French for graduates and CLB level 4 for Essential workers).
• Currently employed in Canada with a valid to work authorization.
• Graduates must meet the admissibility requirements and be present at the time of application to qualify.
• To qualify under essential occupations, you have to have at least one year of full-time or full-time equivalent experience.
• To qualify under Health-care worker applicants must have at least 1 year of Canadian work experience in health care occupations.

What documents you need to apply for your permanent resident under new pathway?

• Copy of Canadian education credential and transcripts
• Copy of passport
• Digital photo
• Work reference letters from Canadian employer.
• Copies of all Canadian work and study permits.

Want to know more? Speak to our Lawyer!

We can help you to file your application. For more details and questions contact us for a free consultation at Juzkiw Law. Call us at +1 (416) 286-2645

Prepare your file with us

• Help with documentation
• Help with your PCC (Police Clearance Certificate) process
• Help with background check and fingerprint process

1. How You Fell: To begin, you need to show with good evidence that someone’s negligence caused you to fall and suffer an injury. For example, you will not have a case if you were walking through an office tower lobby that was visibly being mopped and in which signs were posted. Yet, you may have a legitimate claim if you slipped on a puddle within that lobby that had not been cleaned for a significant period of time.
2. Where You Fell: Depending on where a fall occurred, you may be using a property manager, building/homeowner, or municipality. You may have to also sue maintenance firms or contractors who were responsible for the maintenance of the property.

Slip and Fall Settlement Average Amounts in Ontario

A settlement could help you obtain a higher amount of compensation while circumventing costly litigation fees in the event your claim went to trial. Frequently, slips and falls can have a devastating effect on a person’s life through expensive medical bills, lost wages/earning capacity, and rehabilitation.

Contrary to popular belief, in Canada, you can only be remunerated up to a maximum of approximately $360,000 for pain and suffering compensation resulting from a slip and fall accident, inflation-adjusted. Additionally, your family can be compensated if your injury forces you to take time and money away from your family.

If you slip and fall, make sure to do the following right away:

1. Gather evidence. Though you have two years to file a slip and fall claim, you only have ten days to notify a municipality if you slip and fall on a city sidewalk. Thus, it is essential to preserve any evidence from an accident site, including photographs, what you slipped on, footwear/clothing from the day of the accident, and documented lost wages or medical bills related to the fall.
2. Seek proper legal representation. Contact Juzkiw Law, who can have your claim filed within the required time limits. This is very important. Once again, you have two years after an accident to start a lawsuit. We are well-trained personal injury lawyers who can review your evidence, contact property owners, and negotiate the best terms of a settlement to help you recover the compensation you deserve.

To find out if a settlement is your best option after a slip and fall, call Juzkiw Law and speak to one of our legal representatives today.

One individual filed the class-action lawsuit on behalf of several people seeking justice. The person filing the case is called the plaintiff, acting as a representative for the class. These cases are complex and take time to get resolved. These actions involve high litigation costs. 

In Canada, class actions were introduced in Ontario in 1993 after its first codification in Quebec in the 1970s. P.E.I. is the only province where class action procedures are not established. 

How to file a class action?

In most cases, a law firm determines the problem and finds the person affected who is willing to act as a representative litigant. However, a person can also go to a lawyer with a complaint of harm caused by another. 

The lawyer must determine the merits of the case so that a class action certificate can be obtained from the court. A lawyer will also ensure that the case is worthy enough to pursue by estimating the compensation for damages. The lawyer will also get paid through contingency fees, only meaning that they will get paid out of the reward they get from the court. 

Certificate of Class Action:

To initiate a class-action lawsuit, a certificate is required to be obtained from the court, which will approve the hearing of class action, the party’s representatives in the class member’s matter, and definition. For example, if a class-action lawsuit is brought against a product manufacturing company, a class member can be the buyer of that product.

How to get into the class?

If you believe that you fall under the class member category, you don’t need to take any action. People usually think that they need to sign any form or register with the court to be considered a class member. However, class action lawsuits have an opt-out system. 

If you don’t want to be part of the class action lawsuit or wish to file an individual case, then you are required to opt-out of the class action by a prescribed date under certification. If you fail to opt-out, then you are bound by the result of the lawsuit. 

A person is notified about the litigation being initiated. A person must research to know if he/she is a class member. A person can check the acting representative attorney’s website to find who can be part of class action. They will assist you in opting in for the settlement party. 

Any person who falls under the category of class member can claim the settlement amount by opting for the settlement. A court will specify the deadline within which a person is required to opt-in for the settlement. 

About Juzkiw Law:

The Juzkiw Law firm has the extensive legal knowledge and the right business acumen. We help our clients navigate the tricky territory of Canadian Law while focusing on managing their strategic needs and bringing them the desired results.

If you need any assistance in filing a class action lawsuit or want to be part of a settlement, please contact us immediately at +1 (416) 286-2645 to ensure your rights are fully protected. We understand the hardships you are going through and will work hard to obtain the best possible settlement.

Disclaimer: This article is just for educational or informational purposes and does not represent any legal advice. The legal advice may vary in a particular case.

What is a Collection Agency?

A collection agency is a third-party entity that is incorporated to collect dues or debts. When a person stops making payment against the loan, and the funding institution does not believe that money will be paid, the funding institution may transfer the file to the collection agency for collecting the debt. These agencies have the legal right to pursue any legal action against the person owing the debt.

General Limitation of Debt Collection in Canada:

Canada’s laws provide that a collection agency has a legal right to bring an action against the power owing to debt within six years of the debt last being acknowledged. However, the laws in the provinces are different. 

General Limitation of Debt Collection in Ontario:

The limitation period in Ontario is lesser than that in the federal laws. The rules in Ontario provide that a Collection agency cannot bring legal action after two years. However, if any payment for the debt is made after two years or the debt is even acknowledged, the two years limitation period starts again. 

It should be noted that this provision does not remove the debt from your shoulders. The debt remains in your credit report for at least six years, and you will continue owing to the debt even after two years. There will become no threat of legal action by the collection agency. 

Does the Collection Agency still contact you?

Know that you have rights, and the collection agency should respect your rights. If you are trading with:

• A federally regulated financial institution;
• A debt collection agency work for a federally regulated financial institution. Contact the Financial Consumer Agency of Canada.
• If your creditor sold your bet to a collection agency and you want to make a complaint about the agency’s debt collection practices. Contact the consumer affairs office of Ontario.

About Juzkiw Law

At the Juzkiw law firm, we have vast legal knowledge and can help you deal with debt collection law issues. We advise individuals and companies in all aspects of the law.

If you need legal assistance, contact us immediately at +1 (416) 286-2645 to ensure that your rights are fully protected. We understand the problems you are experiencing and will work hard to get the best possible solution.

What is Child Support?

The laws in Canada provide a legal right for every child to have financial support from the parents. Parents are responsible for taking care of their dependent child financially. The term dependent child means the child who is below 18 years of age. 

When parents live together with their children, they support the child together. When they get separated and not living together, the parent having custody has the responsibility to take care of that child. However, the other parent should provide financial support to the custodian.

The decision concerning Child Support can be made in the form of a Separation Agreement or a Court order and can also be made without any written agreement. In any way of agreement, the child’s routine care is the responsibility of the parent with custody. The payor parent should help financially to pay for the expenses incurred by the parent with custody.

Who are Parents?

A parent can be a birth-parent, a non-birth parent, an adoptive parent, and sometimes a step-parent. A person who has even shown the intention to treat a child as their family member can also be considered Parent. 

Who Pays Child Support?

According to the Department of Justice Canada, Child Support is money paid by the parent, that spends the least amount of time with the child to the parent who takes care of the child most of the time. It is used to help cover the costs of caring for the child. Even if your child spends an equal amount of time with each parent, the parent with the higher income may still have to pay some child support. The parent who pays support is called the payor parent. The payment of child support may remain active even after the receiving parent remarries or start living with someone else.

When to Apply for Child Support?

The benefit of child support is usually claimed right after the separation or divorce. However, it can be applied at any time after the separation or divorce. The best recommendation to deal with child support is as early as possible and figuring out the child’s custody. Early decision in this regard is that at the time of separation, a parent might not be anticipating the expenses they have to incur for the child, but they might face it later on. 

When does Child Support end?

Child Support is a continuous activity to be performed by the payor parent. However, child support can be withdrawn in the following situations:

• The child has married
• They are 16 years of age and have voluntarily left parental control

There are also some situations where child support can be extended beyond the age of dependency, i.e., 18 years of age. For example, any child who cannot support themselves due to disability or illness or attend school full time is entitled to child support. If a child is attending school full time, the child must be paid until the age of 22 years or until the child receives a post-secondary degree or diploma.

What is a Child Living Agreement?

The terms and conditions of the child support payment are finalized in a Support Agreement. There are three different ways in which the Support Agreement can be secured:

1. The parents can cooperate to form a Support Agreement. It is recommended that they follow Child Support guidelines to decide the amount of support agreed by a judge if presented before a Judge. It is the responsibility of the paying parent to provide accurate and complete information about their income. The best way to set a Support Agreement is to hire a lawyer to draft a Support Agreement, and the other parent hires a lawyer to review it before signing it. In this way, both parents will know what is intended in the agreement and will stay protected. 
2. The parents can also look for a mediator to help the parents come to a common conclusion for a support agreement. 
3. If parents themselves cannot reach a joint agreement, they should hire lawyers to negotiate the terms. If no agreement is reached, the matter will be presented before the court to decide. The Judge will then decide how much amount is required to be paid by the payor parent. 
4. The amount of Child Support

The amount of child support is based on the number of children, the paying parent’s residence, and the paying parent’s annual income. The Federal Government provides an online child support calculator, which can help parents decide the amount for child support.

How to receive or pay Child Support?

When the parents have concluded a support agreement through court or online, they must submit it to the Family Responsibility Officer (FRO). It helps families get the support they are entitled to by collecting, distributing, and enforcing child and spousal support payments. It also determines how the money is to be paid and received. Even if the support agreement is prepared through a written agreement, it can still be submitted to FRO to determine the mode and payment time. 

Payor parent must provide the payment to the FRO, who will send a cheque to the parent with custody. If the payor parent fails to make the payment, FRO will enforce the order or agreement.

The payment can be paid to FRO in the following ways:

1. Directly paid by the payor parent.
2. Deduction from wages
3. Registration of a charge against personal property 
4. FRO can take money from a bank account. In the case of a joint statement, up to 50% 

FRO (Family Responsibility Officer) is also entitled to suspend the driving license, report to the credit bureau, or cancel the passports to pressure the payor parent.

Can Child support amount be reduced?

The FRO cannot change the amount to be paid by the payor parent. However, if the parents think that the amount needs to be reconsidered, they must obtain a new order from the court or write a new support agreement. 

Is Access to Child denied if Child Support is not paid?

No, access to the child is not denied even if the payor parent does not pay the child support. It is for the betterment of the child to have a relationship with both parents. Denying access to a child is considered as punishment to the child, and the law is not designed to punish a child whose parents failed to pay the child support. The only way to deny the access to the child is if there is likely a harm to child from the accessing parent. 

Therefore, choosing the right representative dealing with child support matters and family law issues is a critical decision to take. Juzkiw Law Professional Corporation can help you through this process and provide you with the best legal solution. 

About Juzkiw Law:

The Juzkiw Law firm has extensive legal knowledge and family law matters. We help our clients navigate the tricky territory of Canadian Law while focusing on managing their strategic needs and bringing them the desired results.

If you need any assistance in obtaining child support or any family law issue, please contact us immediately at +1 (416) 286-2645 to ensure your rights are fully protected. We understand the hardships you are going through and will work hard to obtain the best possible settlement.

The Canadian government has been taking steps to minimize the consequences of the economy, employees, and entrepreneurs.

All of these measures have economic, social consequences and require legal solutions. For example, many people are working from home, and many business owners are having problems with labor laws and employment contracts.  Also, sometimes, they are forced to do a breach of contract with the employees.

Definition of contract

By definition, a contract is a formal agreement entered into by the parties that establish the clauses that create and define the law.

For employment contracts, the contract formalizes issues such as workday to be completed and remuneration to be paid. If the employer fails to pay the remuneration, there is a breach of contract. It may also mean that an employee has breached one or more terms of the contract in the same situation.

Employment Contract

In an employment contract, terms and conditions of work are defined, for example:

• Rights and Duties of both parties
• Payment Fee
• Number of hours worked
• Vacation Terms
• Work responsibilities
• Non-compete or non-disclosure agreements
• Termination requirements
• Overtime requirements
• Confidentiality terms

In general, these terms are described in all employment contracts, but it is possible to include other specific clauses.

Breach of employment contract

Breach of any contractual obligation is known as Breach of Contract. Depending on the agreement, a breach can occur when one of the parties does not comply with the agreement’s terms.

Once a contract between employer and employee is signed, they cannot terminate their employment relationship outside the terms discussed in the agreement.

Breach of contract by the employee

None employer wants to experience a breach of contract. The employer invests time and resources in preparing and advertising vacancies and selecting the best employment.

When an employee leaves, the company needs to deal with embezzlement in the team that needs to be completed or expanded to ensure the goals are set. Depending on the embezzlement, it can represent a significant loss for the company.

If a breach of contract occurs, in addition to all the bureaucracy that the process involves, the company will probably have to face opening another process of selection, training, and adaptation of professionals.

Thus, in a breach of contract, the employee causes significant damage to the company. Depending on the contract’s situation, he may be penalized and pay compensation to his employer.

In these situations, a lawyer will assess the impacts of the breach of contract and the possible resources and indemnity amounts.

Breach of contract by the employer

Breach of an employment contract can also occur through the action of an employer.

In the event of a breach of contract by the employer, you must take some steps before taking legal action, such as verifying that you have a copy of the signed employment contract and analyzing whether the terms of the agreement have been breached.

Next, it is ideal that you try to discuss the situation with your employer. The breach of contract was often unintentional. That is, you can resolve the matter with a conversation.

If you cannot resolve the problem, you must seek a lawyer specializing in the matter even after diagnosing the contract’s breach and trying to have a friendly conversation.

A lawyer may try to make a new negotiation through mediation and arbitration or take legal action.

Remedies to Breach of contract

The first step is the recognition that a breach of contract has indeed occurred. The remedies to breach of contract will depend on what exactly was breached in the contract. In general, the possible solutions are:

• Out-of-court settlement: Given the Coronavirus situation is the impact that this causes in contracts; ideally, both parties seek common sense so that they can find common ground and promote an extrajudicial agreement.

• Judicial agreement: If the first attempt is invalidated, it is possible to make an action plan to fulfill the obligations described in the contract to be fulfilled.

• Mediation, arbitration, or conciliation: If the conflict is not resolved, a lawyer may use mediation, arbitration, or conciliation.

Do I need a lawyer to deal with the breach of contract?

An experienced litigation lawyer can help you analyze your contract and see if there has been a breach of contract. Also, the lawyer will be able to guarantee that your rights are guaranteed.

At Juzkiw law, we have experienced lawyers who can help you in civil litigation and employment law situations. Call us for more information.