Monthly Archives: September 2010
Our New Chinese Language Advertising Blitz on Sing Tao Daily
As we are striving to serve the Chinese-speaking community better, recently we’ve started a new advertising campaign in the Sing Tao Daily.
We’ll be evaluating the effectiveness of the campaign at the end of the month. Please leave a comment and let us know if the ad works for you.
Drafting a Marriage Contract or Prenuptial Agreement: What You Need to Prepare
Recently I’ve drafted a few marriage contracts (or prenuptial agreements, if you are American). Before engaging with your lawyer to start drafting the contract, there are a few things you can do to help speed the process along.
First of all, you should have a discussion with your spouse-to-be on what the marriage contract should include.
You can include almost anything in the marriage contract, such as spousal support and property division, the two most popular topics. Other clauses may include estate planning issues and the right to keep the family pet after separation.
However, you should keep in mind that while a marriage contract can include the upbringing of the children, it cannot govern a parent’s right to custody and/or access to the children. For example, if the parties decide to have joint custody of the children in the event of separation or divorce, such a provision will be unenforceable when the time comes, even if it appears to be a sound and fair pre-emptive resolution.
When you have a clear understanding of the contents of your contract in advance, your lawyer will likely have fewer questions for you, and hence the cost to you will be significantly reduced.
Besides having a candid discussion, you and your fiancé(e) should each have a comprehensive list of assets and liabilities that is current. Under the law, failing to disclose significant assets or liabilities may be a ground for the other party to apply before the court to have the contract set aside.
Because of the adversarial nature of the marriage contract, one lawyer cannot act for both parties. If your significant other doesn’t have a lawyer, ask your lawyer to provide a few names so he or she can obtain independent legal advice.
If the terms of the contract are clear, a marriage contract can be done quite cheaply. However, if the drafting of the contract is plagued by constant revisions as the parties can’t agree on the terms, the costs may increase significantly.
Ontario Superior Court Strikes Down Prostitution Laws
The Ontario Superior Court of Justice has released a ruling* this week that strikes down certain provisions of the Criminal Code^ as unconstitutional.
Three sex workers applied before the Superior Court seeking a declaratory relief that clauses of the Criminal Code pertaining to
- communicating for the purpose of prostitution
- living off the avails of same
- keeping a common bawdy house
are unconstitutional. The Attorney General of Canada opposed the application along with two intervening parties, the Attorney General of Ontario and the Christian Legal Fellowship.
The court held that the provisions indeed infringed the Constitution and could not be justified. The provisions were struck down and declared of no force and effect, although a 30-day stay of the ruling was given to the government to amend the legislation if deemed appropriate by the Parliament.
In the 132-page judgment, Justice Himle ruled that the effects of the first provision violate the guaranteed freedom of expression, while the two other provisions infringe upon a person’s right to security. All three provisions were held grossly unproportionate to the legislative objective and have therefore been declared unconstitutional.
Decisions of the Supreme Court were cited extensively in support of the ruling, particularly regarding the constitutionally protected freedom of expression. However, according to legal practitioners, certain cases cited remain open to different interpretation. In other words, there’s still room for debate.
Likely the saga isn’t over yet. The federal government has vowed to appeal. Many legal practitioners believe that this challenge will eventually be decided by the Supreme Court.
Make no mistake, this lawsuit isn’t the result of an impulse on the part of the applicants. Rather, the lead counsel, Professor Alan Young of Osgoode Hall Law School, has been working on the project for years, dating back to when I was in his Criminal Procedure class.
I am proud to say that I am a student of Professor Young. A big round of applause to his fine work!
* Bedford v. Canada, [2010] ONSC 4264
^ R.S.C. 1985, c. C-46
PSWLaw.ca Relaunched!
After three weeks of hard work, I’m pleased to announce that our website has been modernized. Gone is the cluttered, dense look. We strive to have a clean and bold persona online. Please feel free to browse around. Let us know if there’s room for improvement on anything you see on the site. Email us via the “Contact” page, or tweet us @PSWLaw_TO
Enjoy!
