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Category: Law

Here’s What You Need to Know about Divorce Procedure in Toronto

Even in the best of the circumstances, divorces are extremely difficult to cope with. Starting from the issues to end of an institution, this phase entails individuals to possess a Herculean strength of mind. The most taxing part is the legal procedure throughout the tenure. Top divorce lawyers in Toronto often encounter a number of situations where situations tend to get worse. This happens mostly because of the candidates’ unawareness towards the procedure.

Here comes a helpful guideline covering the major terms and conditions that one needs to look for:

top divorce lawyers in Toronto

  • Family case

In this situation, the candidates need to apply individually for further progression. Here, two types of applications are valid. First comes the general application Form 8, used when the parties fail to resolve family matters. This includes property, child custody, claims for divorce, monetary acquisition etc.

Secondly, the Form 8A is typically a joint application focusing on divorce only. It implies that both the parties have consent towards the divorce. In such a situation, the parties usually settle on family matters like spousal support, property, child custody etc.

  • Financial Statement

Financial statement is the legal court form according to Canadian divorce policy. In this application process, earning individual must provide all the proofs furnishing their income. For filing a divorce, she or he needs to showcase their latest earnings including the notice of assessment from the Canada Revenue Agency for at least 3 consecutive years.

People may opt to complete this entire process without any legal counsel. However, hiring the top divorce lawyers in Toronto can give them the needful advice to conduct the process.

toronto divorce lawyers

  • Filing of the documents

Filing the documents refers to the condition where the candidates must furnish a document to the court that is relevant to the divorce case. An applicant must consider filing every document which he/she intend to display in the court. This will be a continuing record having the endorsement volume. According to the top divorce lawyers in Toronto, another paperwork that needed to be done is the document volume. To stay away from the complexities, people must update the table of content each time they file a document with the Canadian court.

  • Serving the documents

This is a procedure where an applicant needs to serve the copies of legal documents and forms to both the parties and agencies. This is known as service, and it is done two ways:

  1. Regular service rule
  2. Special service rule
  • Settlement conference

This is another imperative step in this entire legal procedure. Here, the judge will directly listen to the parties for streamlining the issues. The judge generally tries to fix the problems and offers way outs for a settlement. However, if there is no settlement made, the parties are allocated next Trial Management conference.

divorce lawyers in toronto

  • Trial

This is the last step where factors like child custody and property division come to the forefront. The major elements of a family case trial are trial records, witnesses, and process. Here, the judge may take a decisive move right away or reserve his decision to a later date.

The entire navigating procedure is full of obstacles and hassles. The brains of top divorce lawyers in Toronto can omit all the hurdles making way for the ultimate settlement. People must take the advice and suggestions of these experts to have a smooth transition even in the tumultuous phase.

How to Defend Voyeurism Charges in Toronto?

Voyeurism had been added to the Criminal Code of Canada in the year 2005 for addressing a concern that the brand new technologies can be used for spying on other people for some sexual purpose. Criminal lawyers Toronto states that the conviction on voyeurism can cause some irreparable harm to the reputation of a person and can effect his/her employment. As a matter of fact, a person who has been convicted of voyeurism is going to be placed on the sexual offender of Canada for more than a decade.

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What is Voyeurism?

As per section 162 of Criminal Code, a crime of voyeurism is committed when someone secretly observes another person records them where the person who is being observed has a reasonable expectation of privacy. The secret observation or recording has to capture expected or exposure of the genitals, breasts, sexual activity, or had been for a sexual purpose.

It is also a crime to copy, print, distribute, publish, sell, or circulate the voyeurism recording in a case where the person who has the recording knows that it had been secured illegally. Criminal lawyers Toronto state that the recording includes a film, photograph, or a video recording.

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What is Secret Recording?

A secret recording has been interpreted by the courts by using the meaning from the dictionary. Some of the instances of voyeurism prosecutions handled by Criminal lawyers Toronto are as follows.

  • The video images captured by the way in which the camera is concealed in the room of the step-daughter.
  • A video camera which is hidden in the waste basket so as to get an angled view of the toilet.
  • A person relieving himself at an office toilet secretly photographed by a co-worker who is seated in the toilet cubicle close by.

What is the Person Recording is Not Doing It in Secret?

A judge of recent criminal case have concluded that clicking photo on a nude public beach using a compact camera from a distance that has not be concealed, disguised, or miniaturized even if most of the photos from taken from the side or behind the subject, it doesn’t render the act surreptitious.  The accused person had been found guilty of voyeurism since he did not make a surreptitious recording.

What Locations Creates a Reasonable Expectation of Privacy?

criminal lawyers toronto

It is pretty difficult to define the boundaries of the place which attracts reasonable expectation of privacy and the courts are decided on the basis of the totality of the circumstances.  Criminal lawyers Toronto  mention that in context of voyeurism charge, places where the person is expected to be nude have to be found to have,

  • The urinal of men at the accused workplace as using it.
  • The bathroom of the matrimonial home.
  • A women’s shower area that is clearly marked where the accused mail entered while the female complainant takes a shower.

A dry good storage room which also doubled as a change range for the females and male employees wasn’t a place in which there is a reasonable expectation of privacy.

In order to assert where a recording or observation has been made on sexual purpose, the Criminal lawyers Toronto  is going to view the recording through the eyes of the sexual observer rather than checking what is in the mind of the person who has made the recording.

Sponsorship Services in Canada

In Canada a lot of services pertaining to various needs of its citizens and immigrants are available. Sponsorship can be availed of for the dependent members of their residents’ family members, for parents, grandparents, children, spouses or lawful partners. Canada Sponsorship Service believes that families must be kept together always. Applications for Family class are a priority even at the visa offices in Canada.

family sponsorship in canada

Sponsorship for the spouse

This is a sub category in the family class section of the immigration policies. This caters to need for bringing one’s spouse on the Canadian soil if one is a permanent resident or a citizen of Canada. The citizen can thereby sponsor a spouse or lawful partner for making them a permanent resident of Canada.

These citizens or residents are called ‘sponsor’, and they must ensure that the person they are sponsoring has the approval of Immigration, Refugees and Citizenship Canada (IRCC), so that they can get a visa. They must pertain to one of the categories as mentioned;

  1. conjugal partner
  2. spouse
  3. common law partner

Same sex marriages are also acknowledged in Canada. The rest will be taken care of by Canada Sponsorship Services.

Outland Application for sponsorship

This is applicable for partners that are living outside of Canada. They can also still be in the country and apply for this program. They will still be allowed to travel in and out of Canada even during the application process. These applications are conducted by the visa office and are processed through them. To understand it better you can contact Canada Sponsorship Service.

Inland application for sponsorship

Applications are also availed through the inland process. This is applicable for those couple where the couple is staying together within the country but one of them is allowed temporary residence within Canada. They might be students, workers, or even visitors.

They might get a permit for open work, which will allow them to work for any and every employer within the country during the process of the inland sponsorship application. Canada Sponsorship Services will provide you with all the information and help you require in the matter.

After getting sponsorship 

There are certain terms and conditions to be kept in mind when reaching out for a sponsorship program. If permanent residence is allotted to your spouse all the terms must be followed and dealt with.

Canada sponsorship service

Finances are always an issue with immigrants, and thereby every sponsorship program that you decide to select would ask for a valid income on your part. For in the next three years you will be the one responsible for the finances of your spouse once the residence is granted. That was the first condition.

The second condition is, in case your spouse and you decide to part ways, your spouse will not be allowed to bring in another spouse onto the Canadian soil. They themselves cannot act as sponsors for at least five more years after they receive a residence. Canada Sponsorship Service will advise you to follow the norms in order to avail of a smooth flowing process.