Monthly Archives: October 2010

Up and Up We Go: Lawyers’ Mandatory Insurance Premium for 2011 Breaks the $3,000 Mark

Posted in: "All, In the News, Lawyer Talk by Pei Wang | 1 Comment Tuesday, October 26, 2010

By law, lawyers in Ontario are required to carry professional liability insurance to provide legal services in private practice. The insurance requirement is meant to protect the public from lawyers’ negligence or misconduct and provide that, if something goes wrong, at least the insurance company will pick up the cost of repairs.

The minimum mandatory coverage includes $1 million per claim and $2 million for all claims reported in the policy year. A standard $5,000 per claim deductible is applicable under this basic plan, though lawyers without claim history in the past few years may apply for a reduced deductible for an additional premium.

The Lawyers’ Professional Indemnity Company (LAWPro) has just announced that the mandatory coverage premium in 2011 will be $3,350 per lawyer, up from $2,950 in 2010.

According to LAWPro, the factors behind the $400 premium jump include continuing weak investments, low interest rates, the impact of the HST, and depletion of the capital. (Read: It’s not our fault.)

In addition to the above, LAWPro also reported that claim frequency and amounts are on the rise. And of course, the increase in the number of lawyers is another reason behind the higher premium.

I personally believe the underlying reason for the high insurance premium is the lack of competition. Lawyers are required to purchase their insurance coverage exclusively from LAWPro because other commercial insurance providers are not recognized by the regulating body.

Until a second option becomes available, one phrase sums up the mandatory insurance premium: “up and up we go.”

Views and Preferences of the Children in Family Law

Posted in: "All, Family Law by Pei Wang | No Comments Thursday, October 21, 2010

In family law the best interests of the children are paramount. Under the Children’s Law Reform Act,* the court has an obligation to take the children’s views and preferences into consideration when determining the best interests of the children, if they can reasonably be ascertained.

Unfortunately, often both parents will claim that he or she, and not the other parent, has the children’s favourable views and preferences, and that hence it’s in the best interests of the children for him or her to have custody.

In Kaplanis v. Kaplanis,# the Ontario Court of Appeal explained that a child’s best interests are not necessarily the same as the child’s wishes. The court ruled that the older the child, the more consideration of the child’s wishes is required. If the child is too young, then evidence from experts or the assistance of the Office of the Children’s Lawyer may be required to properly canvass the best interests of the children.

Under exceptional circumstances the children may be interviewed by the court.^ However, the court will only do so if the judge decides that the interview is appropriate and  would not unduly pressure the child.

Typically, the views and preferences of a child who is over 12 years old will be given more weight than one who is younger. Children over the age of 16 are entitled to withdraw from parental care. After a child withdraws from parental care, the court will decline to give an order regarding custody of the child.

*R.S.O. 1990, c. 12

^Ibid., s.64; see also Stefureak v. Chambers (2004), 6 R.F.L. (6th) 212 (S.C.J.), Fiorellino v. Fiorellino (1995), 18 R.F.L. (4th) 301 (Ont. Sup. Ct.)

# [2005] O.J. No. 275 (C.A.)

Translated Documents for Use in Other Countries

Posted in: "All, Administrative Law by Pei Wang | No Comments Tuesday, October 19, 2010

I’ve had a few inquiries regarding how a document issued in Ontario can be properly recognized by other countries or territories. This blog explains the process.

The procedure for making an Ontario document recognizable elsewhere is largely similar for many countries. Here are the steps required:

1. Obtain the original document written in English or French.

2. Get the document translated and certified by a certified translator.#

3. Bring the original document and its translation to a notary public for notarization.

4. Bring (or mail) the notarized original document and its translation to Official Document Services of the Government of Ontario at 77 Grenville Street, 9th floor, Toronto, Ontario M5S 1B3 to have the notarization authenticated.

5. Deliver the documents to the authority (consulate, embassy, or representative office) to have them recognized for your purposes.

Keep in mind that different countries have different requirements. Some documents written in English may not require translation. For example, for certain purposes in Taiwan, English documents issued may be acceptable as is once verified by the representative office, while in the PRC (mainland China) virtually all documents written in foreign languages must be translated prior to the notarization.

It’s important to contact the relevant authority and obtain specific instructions on how a document can be recognized for your purposes. This blog is written in broad strokes for educational purposes, and you should not rely exclusively on the information above.

#Alternatively, ask a friend who is fluent to do the translation. Your friend will have to swear an affidavit to attest to the correctness of the translation.

PSWLaw Celebrates Small Business Week, Oct 17-23, 2010

Posted in: "All, Business Development, In the News by Pei Wang | No Comments Monday, October 18, 2010

This week, October 17–23, is Small Business Week. Held on the third week of October every year, Small Business Week was started by the Business Development Bank of Canada (BDC) 30 years ago. The week-long celebration has gained momentum in the past few years and gone mainstream. 

Trade organizations and financial institutions such as the Toronto Board of Trade and the Bank of Montreal are holding events and seminars marking Small Business Week. 

Here are a few events that may be of interest: 

Organized by the Bank of Montreal, Bay and College Branch (416-867-5190)

October 20 – Biz Week Fair 

Bank of Montreal, Bay and College 

763 Bay St. 

Organized by the Toronto Board of Trade (416-366-6811)

October 19 – Top of Toronto Networking Breakfast 

Islington Golf & Country Club 

7:30 am – 9 am 

October 21 – Technology Breakfast 

President & CEO of Ubisoft 

Toronto Board of Trade – Downtown Centre 

7:30 am – 9 am 

October 22 – Cash Management Toolkit Breakfast 

Toronto Board of Trade Downtown Centre 

7:30 am – 9 am 

The Canadian Institute for Chartered Accountants is presenting on these topics: 

  • Controlling and Optimizing Cash Flow
  • Building Blocks of Cash Management
  • Effective Budgeting
  • Analyze Sales Cycle

October 26 – Ian Troop – Pan Am Games – Limited seating left! 

Events on the Park – Leslie & Eglinton 

7:30 am – 9 am 

“How can your business get in the action?” 

Several trade organizations are organizing events.

Uncontested Divorce/Simple Divorce: A Checklist

Posted in: "All, Family Law by Pei Wang | No Comments Sunday, October 17, 2010

Are you thinking about getting an uncontested or simple divorce? If you already have a separation agreement that covers all the issues (e.g., custody, child and spousal support, and property division), a simple or uncontested divorce may be right for you.

Here’s a list of items required for filing a simple or uncontested divorce in Ontario:

  1. your full name, date of birth, and address
  2. your surname at birth and before marriage
  3. your spouse’s full name, date of birth, and address
  4. your spouse’s surname at birth and before marriage
  5. whether either of you has had a divorce before
  6. the original marriage certificate
  7. the date of separation or the details of other grounds of divorce, e.g., cruelty or adultery
  8. a separation agreement or consent relating to the arrangement for the children, if applicable
  9. a completed application
  10. a continuing record compiled according to the Formal Requirements
  11. a commissioned affidavit for divorce
  12. court filing fees

Because of the recent amendment to the Family Law Rules, you can no longer serve the divorce application on the other side directly. If you and your former spouse are still on good terms, you may consider filing a joint application, where no service is required. If a joint application isn’t appropriate, you should arrange for a third party (e.g., a mutual friend or a professional process server) to give the application to your former spouse via special service.

Once the application has been issued by the court, you and your spouse will receive a notice to attend a family information session. Attendance is mandatory as your application won’t proceed until the court has received the confirmation of your attendance.

For assistance in filing an uncontested or simple divorce, call 416-433-5531 to book an appointment.

The Law Society’s Lawyer Referral Service is Now Free of Charge

Posted in: "All by Pei Wang | No Comments Saturday, October 16, 2010

Looking for a lawyer in a particular area of law?

Well, there’s good news for you. The Lawyer Referral Service operated by the Law Society of Upper Canada is now free of charge. (It used to be $6 charged to your phone bill.)

You can access the service by calling:

1-800-268-8326 or

416-947-3330 (within the GTA)

The representative will ask you to briefly describe your situation. He or she will then give you a reference number and the contact information of a competent lawyer in your geographic region who works in the particular area of law you need expertise in.

With the reference number, you are entitled to a 30-minute free consultation with the lawyer. The lawyer will discuss your legal issues and canvass the available options with you. However, the lawyer is not allowed to perform legal services such as writing a demand letter or reviewing a contract.

Of course, you’re under no obligation to retain the lawyer after the consultation. In other words, if you don’t like what you’ve heard, you can always find someone else. Keep in mind that the Lawyer Referral Service doesn’t provide a second referral, so after calling the service, you may still have to do some research to find a suitable candidate for your particular issues.

The service is available from 9 am to 5 pm, Monday to Friday.

PSWLaw provides services in the areas of family law, business law, and administrative law appeals.

Separation under the Same Roof

Posted in: "All by Pei Wang | No Comments Saturday, October 9, 2010

In Canada the most common ground for divorce is “living separate and apart for at least one year.“

Typically, one party moves out of the matrimonial home, and thereafter the two have infrequent contact. However, because of financial constraints, not every couple going through separation can afford separate residences. But a couple may still be deemed legally separated while the parties still live under the same roof.

Interestingly, the absence of sexual relations is not conclusive but is just one factor to be considered. The courts are bound to consider the following factors:*

  1. whether there is physical separation
  2. whether there is withdrawal by one or both spouses from the matrimonial obligation
  3. whether there is an absence of joint social activities, including meals
  4. the true intention of the parties

If the parties remain living in the same residence, there won’t be physical separation. Nonetheless, a legal finding of separation can be made when the following factors are considered:#

  • the spouses occupy separate bedrooms
  • there is an absence of sexual relations
  • there is little or no communication between spouses
  • there is no joint effort in household maintenance
  • the spouses eat their meals separately
  • the spouses do not attend social activities together

The rules above are fact-specific. Different facts will likely lead to different conclusions. If you are unsure whether you are legally separated because you and your spouse continue to live under the same roof, you should consult a lawyer before filing for divorce. It’s important to remember that if the court finds you are not legally separated, your application may be struck out as a result.

*Oswell v. Oswell (1990), 74 O.R. (2d) 15 (Ont. H.C.J.), aff’d (1992), 12 O.R. (3d) 95 (C.A.)

#Buller v. Buller (1979), 26 O.R. (2d) 92 (Co. Ct.)

Please note that the law may have changed since the publication of this article. This blog is provided for your reference only and is not a substitute for the law. This article is not legal advice and should not be regarded as such.

Family Law Disputes: Superior Court or Provincial Court?

Posted in: "All by Pei Wang | No Comments Friday, October 8, 2010

In Ontario there are three different courts that hear family law matters: the Superior Court, the Provincial Court (also called the Ontario Court of Justice), and the Family Court. To many, determining which court is the appropriate venue for resolving an issue is difficult and confusing.

Under our constitution divorce is governed by the federal government, while property and civil rights are provincial. This unique constitutional structure confuses even lawyers who do not practise family law.

The Superior Court, formally called the Ontario Superior Court of Justice, has jurisdiction to hear virtually all disputes in the province unless it’s specifically excluded  by law from doing so. Therefore, if you’re unsure where your matter should be heard, the Superior Court would be your answer.

The provincial court, formally called the Ontario Court of Justice, is a creature of statute and can only hear matters specified under the relevant legislation. The Ontario Court of Justice hears family law matters assigned under the Family Law Act,* the Children’s Law Reform Act,^ and the Child and Family Services Act.#

It’s important to note that issues relating to property division (formally called “equalization“), although governed under the Family Law Act, are not heard by the provincial Ontario Court of Justice. The law mandates that only the Superior Court can deal with the determination of equalization payments.

Finally, the Family Court is a branch of the Superior Court (previously known as the Unified Family Court). It performs functions of both the Ontario Court of Justice and the Superior Court. However, at the moment the Family Court isn’t available province-wide and is limited to certain locations, such as the City of Hamilton.

Proceedings in the Superior Court are expensive because of its stringent procedural requirements. As a result of the large volume of cases, there’s usually a lengthy delay between when the application is made and when the matter is heard.  Therefore, many lawyers prefer to bring their matters before the provincial court whenever possible to reduce delay and costs.

*R.S.O. 1990, c. F.3

^R.S.O. 1990, c.C.12

#R.S.O. 1990, c. C.11

PSWLaw can assist you with your family law matters. Call 416-433-5531 for an appointment.

Thank You for Attending Breakfast with PSWLaw

Posted in: "All, In the News, Site Updates by Pei Wang | No Comments Tuesday, October 5, 2010

I’m pleased to announce yesterday’s Breakfast with PSWLaw was well-attended. It’s great to meet the neighbours and say “Hi.”

I particularly would like to thank the management of LuCliff Place for granting the permission for the event and FreshStart for supplying the gourmet coffee.

If you missed the breakfast, here are a few photos of yesterday’s Breakfast with PSWLaw.