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How long does it take to get a divorce in Ontario?

By Avi Baratz0 comments
This is a question I am often asked.  Assuming we are talking about a basic, uncontested divorce, the average process usually takes approximately 6 months from start to finish (in my experience).  The timing depends on a bunch of factors, including which courthouse you are ...

What is a Peace Bond and why should I accept one?

By Avi Baratz0 comments
There are two types of peace bonds available in Canadian Criminal Law.  The first is called a section 810 peace bond and the second is called a common law peace bond.  For the purposes of this post I am going to be talking about peace bonds in general.  In another post ...

What is an intermittent sentence?

By Avi Baratz0 comments
In short, an intermittent sentence is one that can be served on the weekends.  In order to be eligible to receive an intermittent sentence, section 732 of the Criminal Code of Canada sets out the requirements.  The offender must be sentenced to 90 days or less and the Judge ...

How to find a good criminal lawyer in Ontario?

By Avi Baratz0 comments
Long gone are the old days where there was an intimate criminal defence bar.  The expansion of law schools across Canada, the United States and the Common wealth countries have increased the amount of lawyers who are now licensed to practice law.  In Ontario, accreditation ...

What is a conditional sentence?

By Avi Baratz0 comments
The short answer is that a conditional sentence in criminal law means a house arrest.  A house arrest/conditional sentence applies when you have already been found guilty of a criminal offence and you are sentenced.  Section 742.1 of the Criminal Code of Canada governs when ...

Enforcing Child Access rights during COVID-19

By Avi Baratz0 comments
A recent topic that has currently arisen in family law involves how parents can deal with traditional (or non-traditional) access for their children during the current COVID-19/Coronavirus pandemic.  For example, a parent who has an agreement or court order for primary residence ...

Should you ever talk to the police?

By Avi Baratz0 comments
The short answer to this question is a resounding NO.  If you are under investigation or under arrest and the police want to talk to you, the first thing you should do is assert your right to counsel.  Once you speak to counsel it is almost a certainty that the lawyer will ...

Why should I hire a criminal defence lawyer?

By Avi Baratz0 comments
If you find yourself under police investigation or charged with a criminal offence you should retain a criminal defence lawyer.  “Retain” is just a fancy way to say “hire” in lawyer terms.  Why lawyers take a retainer is the subject for another post.  ...

What is “Proof Beyond a Reasonable Doubt”?

By Avi Baratz0 comments
The term “Proof Beyond a Reasonable doubt” is the test used in criminal trials to determine whether the evidence admitted at a criminal trial is true or not and whether the sum of that evidence is enough to convict or acquit an accused.    Without getting too complicated, ...

What does a criminal record mean in Ontario?

By Avi Baratz0 comments
The definition for what a criminal record is in Ontario can be vague, ambiguous and illusive.   However I take "criminal record" to mean a record of a criminal conviction in Canada. This means that one has been convicted of a criminal offence in Canada and now has a “criminal ...

How do I get custody of my child?

By Avi Baratz0 comments
I am often asked by new or prospective clients, how they can go about to obtain "custody" of their young child.  There could be a very long and complicated answer to this question, but I will try to provide the simplest and easiest answer.  First of all, you have to understand ...
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