swlegal

04/20/2022

SW LEGAL SERVICES the first Paralegal firm in the GTA, York Region and surrounding area to offer FAMILY LAW MEDIATION.....

**Affordable. **Convenient. **Efficient. **Neutral. **Transparent.

SEPARATION AND DIVORCE CAN BE A LENGTHY, COSTLY, AND
EMOTIONALLY DRAINING PROCESS-
BUT IT DOESN’T HAVE TO BE!!!

SW LEGAL IS HERE TO PROVIDE A FORTHRIGHT PATHWAY TOWARDS SEPARATION RESOLUTION, IN AN ENVIRONMENT THAT REMAINS AUTONOMOUS, NEUTRAL, RESPECTFUL, AND COMPLETELY CONFIDENTIAL.

As an Accredited Family Mediator, it is our commitment to help divorcing, separating couples, as well as extending families agree on arrangements for the best interest of the children and without using the courts.

Separation can be a painful and burdensome process. Family mediation is ultimately contoured to make the process less difficult, by creating an environment that will allow both parties to amicably dissolve their affiliation.

With family mediation, a qualified impartial professional will facilitate collaboration between you and your ex-partner and help you both reach legally binding agreements on all aspects of your separation and/or divorce.

- We are impartial third-party professionals helping clients discuss issues constructively.
- We DO NOT tell people what to do, nor give counselling or legal advice, although we will offer legal information if it helps make an informed decision.

Together with your ex-partner, you will build a fair, suppositional agreement that reflects both of your interests, and leave the process with a definitive roadmap for moving forward pursuant to
O. Reg. 114/99: FAMILY LAW RULES, DIVORCE ACT, & THE CHILDREN'S LAW REFORM ACT.

We offer a complete succession of affordable online mediation services designed to facilitate amicable resolutions apropos but not limited to:

- Child support,
- Parenting time & plans,
- Parenting Communication,
- Decision Making Responsibility,
- Negotiation
- Travel/vacation tips,
- Separation agreements.
Our deliberation is efficient, effective, and ultimately intended to assist you avoid the stressful and high-priced process of litigation.

04/13/2022

🎖SW LEGAL CASE LAW PUBLISHED – PETER SWALES BIG VICTORY FOR CLIENT IN SMALL CLAIMS COURT!🎖

14. “On the evidence, I cannot accept the Defendant’s suggestion that the Defendant was only offering assistance as a goodwill gesture in providing guidance to the Plaintiff.” (Deputy Judge A. Di Cecco)

⚜️Our client had a major project to build a garage. He hired a construction company whom sub-contracted integral parts of the job to another company who botched it from the start. Our client was out a significant amount of money and lost time to complete the job. The Defendant tried to say they had no involvement.

⚜️Peter Swales pressed the Defendant and demonstrated with expert cross-examination that they were trying to deceive the court and obtained a major victory for our client.

⚜️Please read how we won every point for our client and obtained a significant judgment and order for costs at:

[Rigby v Image Floor Coverings Ltd., 2019 CanLII 10132 (ON SCSM)]

⚜️When you need legal representation who is prepared to put in the extra effort every time, SW Legal Services PC is the smart choice.

⚜️With over 20 years of experience in litigation, we bring our experience to court for you.

, , , ,

04/06/2022

SW LEGAL SERVICES PUBLISHED – APPEAL – ALCOHOL AND GAMING COMMISSION
, , , , , ,

In this case our client had received an Order of Monetary Penalty – an automatic penalty imposed by merely receiving an offence by police for ‘overcrowding’ a night club.

This is a penalty under the Liquor License Act.

Our client was being targeted continually by the police in Toronto for accusations of overcrowding and over serving alcohol to their patrons.

Peter Swales submitted the application to appeal the monetary penalty and the License Appeal Tribunal scheduled a trial to decide the outcome of the offence against our client.

Peter Swales expertly dismantled the 3 police officer witnesses and completely discredited their evidence on cross-examination, demonstrating how their evidence was unreliable at best.

As result, our client’s penalty was set aside:

Appeal from an Order of Monetary Penalty of the Registrar of Alcohol and Gaming under the Alcohol and Gaming Regulation and Public Protection Act, 1996, R.S.O. 1996, c. C. 26.

Citation: R. v. Turntable Restaurant and Lounge et al., 2014 ONCJ 51

04/01/2022

RENTING IN ONTARIO… KNOW YOUR RIGHTS!

🔺Eviction rules:
Your landlord can only evict you in specific situations and must give you written notice using the proper form provided by the Landlord and Tenant Board, an independent tribunal with the authority to resolve residential tenancy disputes in Ontario. The form must give the reason for eviction.

Even if your landlord gives you written notice, you don't have to move out. Your landlord must first apply for and receive an eviction order from the Landlord and Tenant Board (also known as the board). You have the right to go to a hearing and explain why you should not be evicted.

🔺Protection against wrongful evictions

New rules under the Protecting Tenants and Strengthening Community Housing Act, 2020 and existing rules under the Residential Tenancies Act, 2006 help to ensure that tenants’ rights are protected.

Under the new law, the maximum fine for an offence under the Residential Tenancies Act, 2006 has doubled and can be up to:

$50,000 for an individual
$250,000 for a corporation

🔺Eviction for personal use

Your landlord must now give you the equivalent of one month’s rent, or offer you another unit if they:
>want to use the unit themselves
>want to use the unit for their family
>are selling the property and the >purchaser will be using the unit themselves
>Renovictions

🔺Your landlord must also compensate you if they evict you from your unit to:
>renovate
>repair
>demolish

↪️ They must give you the right of first refusal to move back into the unit following the renovation. You must notify your landlord in writing before you leave that you want them to offer you the unit when they complete the renovation.

↪️ Under the new rules, if your landlord fails to provide you a right of first refusal, you will have two years, rather than one, to file a claim with the Landlord and Tenant Board for compensation.

🔺Bad faith evictions

Landlords must act in good faith when evicting a tenant for reasons that are not the tenant’s fault. This means the landlord must have honest intentions to use the rental unit for the purpose stated on the eviction notice. Landlords will also be required to disclose their past use of no-fault evictions when applying for no-fault evictions. This will give the board more information to consider when determining whether the application was made in good faith and if an eviction order should be issued.

↪️ If the board determines that a landlord has given a notice of termination in bad faith, they may make an order requiring the landlord to pay the former tenant the sum of:
>the difference between the last rent charged to the former tenant and the former tenant’s current rent in their new unit for up to a one-year period
>up to 12 months of the last rent charged to the former tenant, and
reasonable out-of-pocket moving, storage and other expenses that the former tenant has incurred or will incur.

🔺This applies to all bad faith evictions, including:
>where the landlord does not allow the tenant to move back into the unit after repairs or renovations
>where the landlord or purchaser does not move into or use the unit themselves.

🔺Who’s protected by rental rules
Ontario’s Residential Tenancies Act applies to most private residential rental units, including those in:
>single and semi-detached houses, >apartments and condominiums, and >secondary units (for example, basement apartments).

↪️ Some types of rentals aren't included, such as university and college residences and commercial properties.

🔺 SW LEGAL SERVICES can help you assess your options.

(Government of Ontario, March 25, 2022)

03/31/2022

WHAT ARE LANDLORD’S Obligations?

THE RESIDENTIAL TENANCIES ACT (THE “ACT”) ESTABLISHES THE RIGHTS AND OBLIGATIONS OF BOTH LANDLORDS AND TENANTS. LANDLORDS ARE RESPONSIBLE FOR ENSURING THAT RENTAL UNITS AND PROPERTY MEET HEALTH, SAFETY AND HOUSING STANDARDS ESTABLISHED BY LAW, AND ARE REASONABLY SUITABLE FOR OCCUPATION GIVEN THE NATURE AND LOCATION OF PROPERTY.
WHAT ARE landlord’s RIGHTS?
UNDER THE ACT, LANDLORDS HAVE SEVERAL IMPORTANT RIGHTS, INCLUDING THE RIGHT TO:
• SELECT THEIR TENANTS, USING INCOME INFORMATION, CREDIT CHECKS AND REFERENCES, RENTAL HISTORY, AND SIMILAR-TYPE CRITERIA AS PRESCRIBED IN THE ONTARIO HUMAN RIGHTS CODE,
• COLLECT RENT,
• ENTER THE RENTAL PREMISES, (IN THE MANNER SET-OUT IN THE ACT AND UNDER THE TERMS OF THE LEASE), FOR THE PURPOSE OF MAKING REPAIRS AND MAINTAINING THE PROPERTY, TO SHOW THE UNIT TO POTENTIAL TENANTS, AND IN AN EMERGENCY,
• INCREASE THE RENT UP-TO THE ANNUAL LIMIT SET BY THE GOVERNMENT,’
• EVICT TENANTS, IN THE CASE OF A BREACH OF TERMS OF THE LEASE, OR FOR A BREACH OF THE ACT.

FURTHER LANDLORDS rights EFFECTIVE SEPTEMBER 1, 2021

AS PER AMENDMENTS TO THE RTA EFFECTIVE SEPTEMBER 1, 2021, A LANDLORD MAY NOW:

 APPLY FOR AN ORDER REQUIRING THE TENANT TO PAY THE REASONABLE OUT-OF-POCKET EXPENSES INCURRED BY THE LANDLORD AS A RESULT OF CONDUCT BY THE TENANT OR SOMEONE ELSE VISITING OR LIVING IN THE RENTAL UNIT WHICH SUBSTANTIALLY INTERFERED WITH LANDLORD’S REASONABLE ENJOYMENT OR LAWFUL RIGHT, PRIVILEGE, OR INTEREST

 FILE AN APPLICATION CLAIMING RENT ARREARS OR COMPENSATION UP-TO ONE YEAR AFTER THE DATE THE TENANT MOVED OUT (IF THE TENANT MOVED OUT OF THE RENTAL UNIT ON OR AFTER SEPTEMBER 1, 2021) AND THE LANDLORD BELIEVES THE FORMER TENANT OWES:

o RENT OR COMPENSATION
o AN AMOUNT FOR CHARGES RELATED TO NSF CHEQUES
o COSTS FOR UNPAID UTILITY BILLS (HEAT, ELECTRICITY/ WATER)
o COSTS FOR DAMAGING THE RENTAL UNIT
o COSTS THE LANDLORD INCURRED BECAUSE THE FORMER TENANT OR SOMEONE ELSE VISITING OR LIVING IN THE RENTAL UNIT SUBSTANTIALLY INTERFERED WITH THE LANDLORD’S REASONABLE ENJOYMENT OR LAWFUL RIGHT, PRIVILEGE, OR INTEREST.

RENTING: CHANGES DURING COVID-19
The typical evictions process is explained below. Changes due to COVID-19 have been highlighted.
If the landlord gives a tenant notice to end the tenancy, the tenant does not have to move out. The landlord must apply for an eviction order from the Landlord and Tenant Board (also known as the Board). The tenant has the right to go to a hearing and explain why they should not be evicted.
Notice: In most cases, the first step is for the landlord to give the tenant a notice in writing that they want the tenant to move out. Landlords must use an official notice from the Board. Sometimes a tenant can prevent the tenancy from ending by stopping the behavior referred to in the notice, or by doing what the notice requests. This is a called a tenant’s remedy. The notice explains what this is and gives a deadline for the tenant to comply.
COVID-19 update: Landlords are encouraged to work with tenants to establish fair arrangements to keep tenants in their homes, including deferring rent or other payment arrangements.
Application: If the tenant does not remedy the situation or move out, the landlord can file an application to the Board to end the tenancy. Most applications must be made within 30 days of the termination date set out in the notice. However, there is no deadline to apply to end a tenancy for non-payment of rent.
COVID-19 update: Landlord and Tenant Board counter services are closed, but the most common types of applications can still be filed online.

Hearing: In most cases, the Board will schedule a hearing to decide the landlord’s application. It will mail a Notice of Hearing to the landlord(s) and tenant(s) along with a copy of the application.
Order: A Board member will decide about the landlord’s application to end the tenancy and whether the tenant should be evicted or not. The member’s decision is always put in writing. This written decision is called an order. The Board will mail a copy of the order to both the landlord and tenant.

Enforcement: If a tenant doesn’t leave the rental unit by the termination date in the eviction order, a landlord cannot personally enforce the order (remove a tenant from a rental unit or change the locks). An eviction order can only be enforced by the Court Enforcement Office (also known as the Sheriff’s Office). The landlord must file a copy of the Board order with the Sheriff’s Office to have the order enforced.

RENT INCREASE GUIDELINE 2022
o The rent increase GUIDELINE FOR 2022 IS 1.2%.
THE GUIDELINE APPLIES TO MOST PRIVATE RESIDENTIAL RENTAL UNITS COVERED BY THE RESIDENTIAL TENANCIES ACT, 2006.
THIS APPLIES TO MOST TENANTS, SUCH AS THOSE LIVING IN:

• RENTED HOUSES, APARTMENTS, BASEMENT APARTMENTS AND CONDOS (SEE EXCEPTIONS FOR NEWLY OCCUPIED UNITS)
• CARE HOMES
• MOBILE HOMES
• LAND LEASE COMMUNITIES

o THE GUIDELINE IS THE MAXIMUM A LANDLORD CAN INCREASE MOST TENANTS’ RENT DURING A YEAR WITHOUT THE APPROVAL OF THE LANDLORD AND TENANT BOARD.

THE GUIDELINE DOES NOT APPLY TO CERTAIN TYPES OF UNITS INCLUDING:
• VACANT RESIDENTIAL UNITS
• COMMUNITY HOUSING UNITS
• LONG-TERM CARE HOMES
• COMMERCIAL PROPERTIES

(Marcella DAlessandro 2022)

03/16/2022

Paralegals in Ontario are licensed by the Law Society of Ontario (LSO). We are permitted to provide legal services and represent individuals in the following areas:
-Small Claims Court litigation (up-to $35,000)
-Traffic and other offences under the Provincial Offences Act, which are heard in the Ontario Court of Justice
-Statutory Accident Benefits (SAB) claims covered under the Insurance Act, for minor injuries due to motor vehicle accidents
-Hearings before administrative tribunals and boards (including the Landlord and Tenant Board, Workplace Safety and Insurance Board, the Financial Services -Commission of Ontario, Social Benefits Tribunal, Human Rights Tribunal of Ontario, and the Immigration and Refugee Board)
Criminal law matters including:
*Assault
*Criminal harassment
*Mischief
*Theft under $5,000
*Fraud
*Breaches of court orders
*Four criminal driving offences:
-Dangerous Driving, Failure to Stop after Accident, Flight from a Police Officer, and Operation while Prohibited
Criminal Code offences
Previously, paralegals were restricted to representing individuals on criminal summary conviction offences where the maximum penalty did not exceed six months’ imprisonment or a $5,000 fine.
Changes to the Criminal Code amended the summary conviction punishment of six months to two years less a day for most less serious charges. Because of this, the Law Society has authorized paralegals to represent individuals in summary conviction cases with a maximum penalty of greater than six month’s imprisonment.
When representing a client in any of the authorized areas, our team of experienced, licensed paralegals can provide the following legal services:
-Give legal advice concerning legal interests, rights or responsibilities with respect to a proceeding or the subject matter of a proceeding,
-Draft or assist with drafting documents for use in a proceeding, and
Negotiate on behalf of a person who is a party to a proceeding.

03/04/2022

“We bring our experience to court for you!!” See what our clients have to say …

03/02/2022

🇨🇦 These are the big changes and new laws coming to Ontario in 2022!! 🇨🇦

A number of changes to laws and regulations are in effect in Ontario.

Ontario’s STAYCATION TAX CREDIT
Ontario's staycation tax credit came into effect on Jan. 1 and will last for the duration of 2022.
The program was announced as part of the Doug Ford government's Fall Economic Statement, which was tabled in November.
Ontarians will get a 20 per cent personal income tax credit on eligible accommodation, between Jan. 1 and Dec. 31, up to a maximum of $1,000 for an individual and $2,000 for a family, for a maximum credit of $200 or $400 respectively. Ontario residents could apply for this refundable credit when they file their 2022 personal tax returns and benefit even if they do not owe any tax. 🏝🛫According to the government, an eligible accommodation expense would have to be:
For a stay of less than a month at an eligible accommodation such as a hotel, motel, resort, lodge, bed-and-breakfast establishment, cottage or campground in Ontario
For a stay between Jan. 1 and Dec. 31 of 2022
Incurred for leisure
Paid by the Ontario tax filer, their spouse or common-law partner, or their eligible child, as set out on a detailed receipt
Not reimbursed to the tax filer, their spouse or common-law partner, or their eligible child, by any person, including by a friend or an employer
Subject to Goods and Services Tax (GST)/Harmonized Sales Tax (HST), as set out on a detailed receipt.
The government said this tax credit will help the tourism and hospitality sectors recover and encourage Ontarians to explore the province. 🇨🇦
[Sean Davidson (CTV News)]

02/26/2022

Municipal By-Laws and Regulatory Boards Most businesses can’t afford to be closed or lose their liquor license for a week or even a few days under court or board order. It’s important that you understand your rights and obligations before you enter the hearing to answer for either yourself or company. SW Legal Services has the skills and experience to protect your rights, and aggressively defend against the prosecution.
In Ontario, municipalities and Regulatory boards have been granted the power to oversee niche areas of law, such as by-laws, liquor licenses, fire codes, building codes, and employment laws. Municipal by-laws and regulatory boards such as the Alcohol and Gaming Commission of Ontario are enforced under the Provincial Offences Act, and carry monetary penalties that range from fines of $500 – $150 000, plus possible imprisonment. Penalties may also include closure orders and various other terms of probation upon conviction.

02/25/2022

02/24/2022

If you’ve recently been charged with a criminal offence, it’s important you consult legal advice as soon as possible, and ensure you don’t let your emotions affect your ability to have your rights protected. The litigants at SW Legal Services PC understand this confusing time, and offer compassionate, sound advice when you need it most. The firm of SW Legal Services PC can represent your rights when faced with various types of Criminal offences. The Firm’s criminal defence practice areas are

Criminal Driving Offences:
🚨Fail to Remain at Scene of Accident
🚨Fail to Report Accident
🚨Dangerous Operation of Motor Vehicle
🚨Assault
🚨Theft Under $5,000.00
🚨All other offences laid under the Summary Conviction provisions

02/23/2022

Ontario is eliminating licence plate renewal fees and the requirement to have a licence plate sticker for passenger vehicles, light-duty trucks, motorcycles and mopeds, effective March 13, 2022.

All licence plate sticker fees paid between March 1, 2020 and March 12, 2022 for vehicles owned by individuals will be refunded.

To get a refund for your individually owned vehicle, make sure the address on your vehicle permit or driver’s licence is up to date, as that’s where your refund will be sent, and pay any outstanding fees, fines or tolls by March 7, 2022.