SpinLegal

My Contractor Ruined my House

Fri, 24 Apr 2026 15:58:13 GMT

Contractor Problems

Contractors in Ontario cause a wide range of problems in the residential and commercial construction sectors, spanning from poor workmanship and financial fraud to safety violations and project delays. These issues are frequently heard in the courts of Ontario, including the Small Claims Court.

Thankfully contractor problems are rare, however they can be both damaging and hurtful should they occur, the reason why you need legal support when things do go wrong.

Project Abandonment and Financial Fraud

The first major issue concerns contractors who take large deposits then either abandon the project, or never start. They leave homeowners with unfinished work, jobs that need to be restarted and worse financial losses. One case Invictus had concerned a contractor who started the job, dug up the path then left with a massive hole in the ground. The homeowners assumed they would have a minor inconvenience for the long weekend, but they never say the contractor again, despite phone calls of an increasing desperate nature.

Many contractors pressure homeowners into paying more than 50% upfront, often for "materials," and fail to return, leaving the homeowner scammed. Identifying the cost of material and purchasing your own can reduce the risk, yet some jobs are inherently costly to start. Avoid paying excessive deposits, typically asking for more than 15% is a clear sign that you may have a problem contractor.

Another problem is overcharging and adding hidden costs later in the project. Many c ontractors inflate costs because they believe the homeowner to be uneducated about the work they do. Some engage in deceptive invoicing, or create fake "emergencies" to charge more than the original estimate. The word from reliable contractors is that the homeowner should allow a 20% variance in costs, so if the expected price is $10,000, you should budger for $12,000.

Delays and Poor Management

Many homeowners have no experience managing projects like construction, which is why they prefer to use a contractor. They make the assumption the contractor has said skills. Inefficient project management often leads to significant delays, extending renovations for weeks and months beyond the agreed deadline. The other net impact is rising costs.

Many contractors need subcontractors, for example lay pipes or cables under propose but it is their responsibility to check their credentials. The main contractors is responsible to coordinate and manage their subcontractors properly. In R. v. Greater Sudbury (City), 2023 SCC 28 (CanLII) the Supreme Court of Canada concluded that the contractor has obligations to homeowners and members of the public for the work of subcontractors and general safety. C onflicts in scheduling and unprofessional work are the responsibily of the main contractor hired to perform the job.

Defective Workmanship and Code Violations

Ontario has Building and Fire Codes for good reason. Many jobs that are performed do require permits. The homeowner is responsible for obtaining permits, although many contractors have experience getting permits and have contacts at the local city. That can assist any project. Consider that failure to follow Ontario Building Code standards, can lead to structural integrity issues, water infiltration, and mold growth after the project is complete.

Defenctive workmanship comes about because some contractors use unskilled labor or skip steps to keep the costs down or make extra profit, sadly the result is often sloppy work. Examples include: improper electrical work, poor drywall installation, or faulty flooring. Use inferior or improper building materials to cut costs

Contract or Legal Disputes?

Contractors may refuse to use formal written contracts, or use poorly drafted ones, which may cause disputes over the scope of work. Additionally some subcontractors and suppliers have the option to put contractor's lien on a home if the general contractor fails to pay them, even if the homeowner has paid the general contractor.

Holes as a result of bad workmanship can impact the homeowner, neighbours and members of the public. The contractor has a duty to both the homeowner and the public at large. Collapsing walkways or driveways as a result of the bad workmanship are the fault of the contractor, you need to protect your legal rights.

Invictus Legal LLP can help, please call us.

Take a look at the follwing video for more information:

Above Guideline Rent Increases (AGI)

Wed, 15 Apr 2026 13:24:23 GMT

Above Guideline Rent Increases (AGI) in Ontario

An above guideline rent increase, often called an AGI , is an exception to Ontario’s annual rent increase cap. In most cases, a landlord cannot raise rent above the provincial guideline unless the landlord follows the statutory application process and obtains authorization under the Residential Tenancies Act, 2006 . The governing law is primarily statutory; the key regulation for the yearly guideline amount is the annual rent-increase regulation made under the Act.

What is an AGI?

Ontario sets a yearly guideline rent increase for most rent-controlled residential units. There are times where a Landlord has spent a significant amount of capital to upgrade the rental properties they own. The guideline increases are published annually, generally in September of the year. An AGI allows a landlord to seek a rent increase above that guideline, but only on limited grounds and only through the Landlord and Tenant Board process established by the statute.

In practical terms, an AGI is not a routine rent increase. It is an exception for situations where the landlord says extra costs justify an increase above the annual cap. The increase applies for a limited number of years then returns to the normal rent.

Guideline Rent Increases

The principal statute is the Residential Tenancies Act, 2006, S.O. 2006, c. 17 . The guideline set by the Province of Ontario is the maximum a landlord can increase most tenants’ rent during a year without the approval of the Landlord and Tenant Board. This includes, rented houses, apartments, basement apartments and condos, as well as care homes, mobile homes and land lease communities.

Relevant statutory provisions include:

s. 116 — Notice of rent increase required, for a normat rent increase the N1 form is used.
s. 120.1 — Guideline application to previously exempt units via an N2.
s. 119 — Using the 12-month rule.
s. 120 — The guideline increase should occur on the anniversary of the month you moved into the unit.
ss. 121–125 — Agreements to increase/decrease rent and related rules.
ss. 128–136 — Rent reductions, illegal charges, money collected illegally, and lawful rent provisions.

This guideline increase does not apply to:

Rentinmg as a new tenant when the landlord and tenant agree the new rent for the first year.
Community care housing units.
Long Term Care homes
New buildings or additions to existing buildings and most new basement apartments that are occupied for the first time for residential purposes after November 15, 2018.
Commercial rental properties.

In exceptional circumstances the Landlord can apply for an above guideline increase, or AGI in the rent. This applies a temporary exception to the guideline rent increases.

AGIs require an application to the Board

The Act expressly provides for an application for above guideline increase in s. 126. That means a landlord cannot simply announce an increase above the guideline; the landlord must proceed through the Board’s adjudicative process for the rent increase to become official. Without the Board order the increase can be challenged.

Section 126 covers the Rules governing the application for Above Guideline Increase to rent, where the landlord has an option to apply to the Board for an order permitting the rent charged to be increased by more than the guideline percentage for any or all of the rental units in a residential complex.

The increase must obey statutory rules

The Act’s AGI scheme is tied to circumstances recognized by statute, generally involving:

major capital expenditures (particularly relating to security or safety),
extraordinary municipal tax increases and charges,
or other specific cost categories permitted by the Act and regulations.

The landlord must prove the claimed costs and meet the statutory criteria. The Board does not approve AGIs as a matter of course, there is a mediation and hearing, if resolution cannot be attained.

What are major capital expenditures?

Most people think that applies if the spend is lerge (e.g. millions of dollars). The definition of a “capital expenditure” in Ontario Regulation 516/06 . Case Law gives this as “an extraordinary or significant repair or renovation, the expected benefit of which extends to at least 5 years.” One example is roof anchors which are specialized, engineered securement points installed on rooftops to provide a safe attachment point for personal fall protection systems, for secure attachment of harnesses and lanyards to ensure worker safety

So, if a landlord tries to collect an AGI before receiving approval, or through an improper agreement, the charge may be unenforceable and potentially recoverable by the tenant.

The regulation that determines the annual rent increase guideline is the applicable regulation made under the Residential Tenancies Act for that year, which operate independently of the AGI. In Ontario, the guideline is set annually by regulation, and that annual regulation is what establishes the default percentage cap against which AGIs are measured.

How AGIs typically work in practice

Steps.

Landlord identifies a statutory ground for an AGI, which is documented and available to tenants on request.
The Landlord gives proper notice and files the required application to the Board.
All Tenants receive the application and may oppose it. They can ask the landlord or their agent for a copy to review.
The Landlord and Tenant Board reviews the evidence in relation to the application and any submissions by the Tenant.
If approved, the Board specifies the amount and timing of the increase6Landlord may collect only the amount authorized by the order.

Bottom line

AGIs in Ontario are exceptional, statutory, and application-based. The landlord must comply with the Residential Tenancies Act, 2006, the yearly rent guideline regulation, and the Board process. A landlord cannot impose an AGI unilaterally, and illegal or coerced charges may be void or recoverable.

Take a look at the video produced by Peter Giblett and Angels Browne which also discusses this topic.

Defending Summary Conviction Offences

Wed, 08 Apr 2026 13:57:52 GMT

Summary offences are offences prosecuted under the Criminal Code, but considered less serious than indictable offences.

What Are Summary Conviction Offences?

Summary conviction offences are defined as lower-level criminal offences, typically handled with a simplified procedure in the criminal courts. They are subject to shorter limitation periods (generally 12 months to lay a charge, unless otherwise specified). One key factor of summary offences. No fingerprinting or mugshot required under the Identification of Criminals Act for a straight summary conviction offence (versus indictable offences or hybrid offences where the Crown can choose to elect summarily, such as assault or impaired driving, require fingerprinting of the accused and mugshots under the Identification of Criminals Act).

The Police may issue an appearance notice at the time the offence was committed, this is the most common charging method. This requires attendance in court on that specific date, which is mandatory. If the accused is not given an appearance notice at the scene then a Summons may be issued by the court, which must be formally served on the Defendant.

Invictus Legal LLP can assist if you have been charged. Do not waste time thinking the charge will go away. It will not and could be worse for you. Some offences included are listed here.

�� Maximum: 2 Years Less a Day (Highest Summary Penalty)

This is now the default ceiling for most hybrid offences under s. 787(1) of the Criminal Code (post-2019 reforms).

General Rule

If no specific summary penalty is listed then the maximum is 2 years less a day and/or $5,000 fine

Representative Offences

Assault – s. 266
Sexual assault (level 1) – s. 271
Theft under $5,000 – s. 334(b)
Fraud under $5,000 – s. 380(1)(b)
Mischief under $5,000 – s. 430(4)
Uttering threats – s. 264.1
Criminal harassment – s. 264
Break and enter (non-dwelling) – s. 348

�� These are all hybrid offences where the Crown elects the summary conviction route.

�� Maximum: 18 Months

Some offences specify a lower summary cap than the default.

Examples

Causing a disturbance – s. 175
Indecent acts – s. 173
Bawdy house offences (historical / repealed in part but still relevant in case law context)

�� Maximum: 12 Months

A large category of less serious or regulatory-style Criminal Code offences .

Examples

Common nuisance – s. 180
Trespassing at night – s. 177
Found in in common gaming or betting house - s.201(2)
Take auto without consent - s. 335(1)
Unauthorized use of computer – s. 342.1 (summary election possible)

�� Maximum: 6 Months

Traditionally the classic summary conviction ceiling , still used in many provisions.

Examples

Disturbing religious worship – s. 176
False alarms (fire) – s. 437
Improper use of a dead body – s. 182

�� Maximum: Fine Only (Often $5,000 or Less)

Some offences do not include jail when prosecuted summarily.

Examples

Certain ticketable offences under Part XXVII
Minor procedural or regulatory breaches

�� Absolute / Strict Liability Regulatory Offences (Non-Code Federal Statutes)

Outside the Criminal Code, many federal laws create summary conviction offences , such as:

Controlled Drugs and Substances Act, minor drug possession can earn up to 90 days jail time and a fine of $1,000.
Cannabis Act
Fisheries Act
Immigration and Refugee Protection Act

These often have:

Custom penalty schemes
Some have fines exceeding $100,000+
Sometimes imprisonment on summary conviction

If you have got a ticket, do not waste time, get a legal representative. Talk to Invictus Legal LLP today and we will support you through the court process. We have a good reputation of working with the prosecutors and courts to have our clients avoid jail time. Call today for a consultation.

Take a look at our recent video about Summary Offences.

Disobeying Road Signs in Ontario

Mon, 06 Apr 2026 21:02:49 GMT

What Drivers Need to Know

Road signs are a fundamental part of Ontario’s traffic control system. They regulate movement, warn of hazards, and guide drivers safely through complex road networks. Disobeying these signs is not just a minor infraction—it can carry significant legal, financial, and safety consequences.

This article outlines the legal framework, common offences, penalties, and practical considerations surrounding disobeying road signs in Ontario. Call Invictus Legal LLP is you have been stopped because of a traffic sign offence.

The Legal Framework

In Ontario, road sign compliance is governed primarily by the Highway Traffic Act (HTA). Section 182(2) of the HTA states that every driver must obey the instructions or directions indicated on any official sign.

This includes regulatory signs such as:

Stop signs
Yield signs
No entry signs
Turn restriction signs
Speed limit signs

Failure to comply constitutes an offence, even if no accident occurs.

Common Road Sign Offences

1. Failing to Stop at a Stop Sign

Drivers must come to a complete stop at the marked stop line, crosswalk, or before entering the intersection. A “rolling stop” is considered a violation.

2. Ignoring a Yield Sign

Failing to yield the right-of-way to other vehicles or pedestrians when required can result in a charge.

3. Disobeying “No Turn” Signs

Turning where signage prohibits it—such as “No Left Turn” during certain hours—is a common and enforceable offence.

4. Entering a “Do Not Enter” Zone

This includes driving the wrong way on one-way streets or entering restricted areas.

5. Speeding (Disobeying Speed Limit Signs)

Speed limit signs are legally binding. Exceeding them is one of the most frequently enforced traffic violations in Ontario.

Penalties and Consequences

Penalties for disobeying road signs vary depending on the offence, but generally include:

Fines : Typically range from $85 to several hundred dollars depending on the violation
Demerit Points :
Stop sign violation: 3 points
Fail to yield: 3 points
Disobey sign: 2–3 points
Insurance Impact : Convictions can increase insurance premiums
Court Costs and Victim Surcharges : Added to base fines.

More serious consequences may arise if the violation leads to:

A collision
Injury or death
Charges such as careless driving

Defences and Legal Considerations

Being charged does not automatically mean a conviction. Several legal defences may apply depending on the circumstances:

1. Improper or Missing Signage

If the sign was:

Obstructed (e.g., by trees or snow)
Not visible
Not properly installed

A driver may argue they were not given adequate notice.

2. Necessity or Emergency

In rare cases, disobeying a sign to avoid immediate danger may be a valid defence.

3. Lack of Evidence

The prosecution must prove the offence beyond a reasonable doubt. Weak or inconsistent officer evidence may result in dismissal.

4. Charter Considerations

If there was a violation of rights (e.g., unlawful stop or detention), evidence may be challenged.

Automated Enforcement

Some road sign violations—particularly speed limits—are enforced through Red light cameras

Unlike traditional tickets:

These are issued to the vehicle owner , not the driver
No demerit points are applied
They still carry fines and can impact insurance indirectly

Practical Tips for Drivers

Always come to a complete stop at stop signs—pause fully before proceeding
Scan ahead for signage , especially in unfamiliar areas
Watch for time-based restrictions (e.g., rush-hour turn prohibitions)
Be cautious in construction zones , where signage may change frequently
Document conditions (photos, notes) if you believe a sign was unclear or obstructed

Conclusion

Disobeying road signs in Ontario is treated as a strict liability offence, meaning that intent is generally not required for a conviction. The emphasis is on maintaining road safety through consistent compliance.

While many violations may seem minor, they can carry lasting consequences—financially and legally. Understanding your obligations under the Highway Traffic Act, and knowing when a charge may be defensible, is essential for any Ontario driver.

Where Invictus Legal Operates

Thu, 29 Jan 2026 23:24:08 GMT

Places where Invictus Legal LLP can assist with your legal challenges

This is a list of locations where Invictue Legal LLP can assist you:

St Catharines Ontario

Niagara Falls Ontario

Welland and Wellandport Ontario

Niagara-on-the-lake Ontario

Beamsville, Ontario

Grimsby Ontario

Port Colbourne Ontario

Pellam Ontario

Fort Erie Ontario

Thorold Ontario

Fonthill Ontario

Dunnville Ontario

Smithville Ontario

Tapleytown Ontario

Hamilton, Waterdown, Ancaster, Caledonia, Dundas, and Stoney Creek Ontario

Burlington, Port Nelson, Elizabeth Gardens, Bronte, Appleby, Mountain Gardens, and Oakville Ontario

Milton, Boyne, Wilmott, Fergus, Arthur, Kenilworth Ontario

Mt Forest, Harriston, Drew, Midmay, Orchardville, Hanover Ontario

Mississauga, Halton Hills, Whaley's Corner, and Brampton Ontario

Markham Ontario

Etobicike, Toronto, North York, and Scarborough Ontario,

Guelph, Acton, Rockwood, Everton Ontario

Kitchener, Waterloo, and Cambridge Ontario

Brantford, Woodstock, Tilsonburg, and Ingersol Ontario

St Thomas, and Port Stanley Ontario

London Ontario

Kent and Chatham Ontario

Essex, Wheatley, Kingsville, and Leamington Ontario

Amherstburg, LaSalle, Tecumseh, and Windsor Ontario

Tilbury, Corunna, Sarnia, and Thamesville Ontario

Port Franks and Grand Bend Ontario

Goderich, Clinton, Statford, Tavistock, New Hamburg Ontario

Fergus Ontario

Orangeville, Purple Hill, Mt Forest Ontario

Hanover, Walkerton and Durham Ontario

Morriston, Badenoch, Aberfoyle, Carwhin, Campbellville, Ontario

Malcolm, Ambleside, Teeswater, Mildmay, Little egypt, Kinloss, Bervie, Clarks Church, Millarton, Kincardine, Huron Ridge, Pine River Ontartio

Defending speeding tickets

Mon, 19 Jan 2026 15:41:43 GMT

Defending tickets is about more than simply avoiding a fine

Defending a speeding ticket in Ontario is about more than avoiding a fine—it is about safeguarding your legal rights, your driving record, and your insurance costs. Under Ontario’s Highway Traffic Act(HTA), speeding is treated as a strict liability offence, which means the prosecution only needs to prove that you drove above the posted speed limit, not that you intended to do so. However, a strict liability offence does not equate to automatic conviction.

Drivers who challenge a ticket have access to numerous procedural and evidentiary defences, and obtaining timely legal assistance from Invictus Legal LLP can make a substantial difference.

Many defendants either simply pay the fine or respond emotionally to the charge, but a successful defence relies on strategy. Rather than contesting guilt outright, the goal is to test the strength of the prosecution’s case. This involves formally requesting disclosure, reviewing the officer’s notes and equipment calibration records, and raising procedural objections where appropriate. Presenting yourself as methodical and informed, not combative, strengthens your position before the court. When our paralegals assist you they will suggest ways that may strengthen your position.

One critical area involves examining how the speed was measured. In Ontario, police usually use radar, lidar (laser), or pacing techniques, each of which has technical limitations. These devices must be properly calibrated and tested before and after use. If the officer cannot produce calibration records or confirm proper operation, the reliability of the readings can be questioned. External factors such as weather, reflective surfaces, and traffic conditions can also cause inaccuracies, creating reasonable doubt about the evidence.

Another strong defence can arise from disclosure issues. The Canadian Charter of Rights and Freedoms guarantees every defendant full access to the evidence the prosecution intends to rely upon—including the officer’s notes, calibration documentation, and any supporting materials. Missing, incomplete, or delayed disclosure may be grounds for an adjournment or even dismissal. Procedural fairness, not factual innocence alone, often determines the outcome of speeding cases.

Officer testimony is another important element. Courts place significant reliance on an officer’s recollection and consistency. Inconsistencies between testimony and written notes, uncertain identification of the vehicle, or vague descriptions of traffic conditions may weaken the prosecution’s evidence. Effective cross-examination can reveal these weaknesses.

Timing may also matter. The Supreme Court of Canada in R. v. Jordan, 2016 SCC 27 , set limits on unreasonable delay for criminal and quasi-criminal matters, including traffic offences. Excessive delay caused by administrative backlog or repeated adjournments can support an application to stay the proceedings.

Even if full acquittal seems unlikely, negotiation remains a practical remedy. Prosecutors may agree to amend the charge, reduce the recorded speed, or accept a plea to a less serious offence, minimizing demerit points and insurance impact. Experienced paralegals often leverage local practice and prosecutorial discretion to secure favourable outcomes.

Ultimately, defending against a speeding ticket in Ontario involves understanding evidence, procedure, and constitutional protections. With strategic representation from Invictus Legal LLP, drivers can transform what appears to be a routine infraction into a structured, legally grounded defence that safeguards both their record and their rights.

Defamation, Libel and Slander

Tue, 30 Dec 2025 21:32:53 GMT

Words written and spoken can Damage Reputation

The origins of libel and slander come from laws defines in the law of the Roman republic and developed through the English ecclesiastical courts. By about the fifteen hundreds, common law courts in England and the colonies began hearing cases about reputation damages, accusations of crime and professional damage. This is a law that has developed over time through both criminal and civil courts.

Libel is defamation in a written or permanent, or electronic form. Slander is defamation in transient form, i.e. spoken word. Historically libel would have been in a written form only. With the advent of voice recording and the permanancy today of spoken word in Social Media "defamatory remarks made by a radio broadcaster were actionable as libel, not slander", per WIC Radio Ltd. v. Simpson, 2008 SCC 40 , and supported by Section 1(2) of the Libel and Slander Act.

If a person stands on their soapbox at a busy intersection and shouts a defamatory statement about a person, then that is slander. Should a reporter have an open microphone that records every word then it become defamation

Take a look at our episode of Spin Legal about Defamation for a dicussion between Peter Giblett and Angela Browne about this topic:

One of the key factors of libel is that it forms a part of the protections that are a part of a democratic society. People have the right to criticize their political, religious and business leaders, we expect it in a democracy. However there is a difference between criticism and defamation. Criticism, even of the most severe type does not cross the line to become defamatory. It is permissible to say "I believe your economic policies will lead to disaster," it is not permissible to say, "you are an economic disaster."

Libel and slander can impact normal people and can be the subject of claims at the small claims court. A few examples:

False statements about a person or business.
Negative business reviews.
Accusations you committed a criminal act.
Claims of professional incompetence.
False allegations of sexual misocnduct or domestic abuse.
Spreading false health information.
False statements about business ethics.
Allegations that a business performed racial profiling.
Misleading stories in online posts.
Bad references.

There is a thin line between criticising someone or their business and being defamatory.

The words must have been published, which means they must have been shown or said to at least one other person, not simply written, or written and shown the the defamed person. It is vital to know that words published within judicial, or quasi-judicial proceedings are not defamatory. They are regarded as allegations, and remain unproven. There are also other exceptions, such as parliamentary privilege, allegations made in parliamentary speeches are not actionable.

Defamation exists in constant tension with the Canasdian Charter of rights and Freedoms, for example Section 2(b) states that everyone has "freedom of thought, belief, opinion and expression." Thoughts and beliefs remain private, unless spoken in the form of opinion and expression, this is where they can be the subject of defamation.

Libel does not require proof of damages, these are presumed. Slander, however, does require proof of damage.

Defences to Defamation

There are several defences to allegations that you defamed someone.

Truth, or Justification

This defence asserts that the statement made wasn't defamatory. If it's substantially true, this provides a complete defence even if the statement harms someone's reputation, because the law doesn't protect bad reputations. This defence will help the defendant even if the statement contains minor untruths, provided the statement is substantially true, i.e. that the Defendant was justified in making the statement that they did, per Botiuk v. Toronto Free Press Publications Ltd. [1995] 3 SCR 3 .

What matters is the overall impression that the Defendant conveyed is the truth. It does not have to be exact.

It is vital to note that, if truth is proven, the defamation claim fails entirely because truth is a complete defence. The Defendant bears the burden to prove the truth of the matter on a balance of probabilities.

Fair Comment

This is an honest opinion on a public matter based on true facts.

This defence protects opinions on matters of public interest, provided the opinion is a. recognizable as comment, and b. based on true facts, and further c. an honest person could hold that opinion.

The comment must be made fairly, case law in WIC Radio v. Simpson (2008) and Hansman v. Neufeld (2023) affirming these principles, especially balancing free expression with reputation protection. Malice can defeat this defence.

The comment must be honest opinions on matters of public interest, traditionally this relates to government and public figures. The concept of "Public Interest" also directly relates to situations where the public needs to know specific facts, serving as a legal and ethical justification for disclosing information that might otherwise be kept private or secret, especially when it concerns health, safety, government accountability, or significant societal issues, balancing individual privacy with collective benefit.

Qualified Privilege

Protects statements made under a legal, moral, or social duty to someone with a corresponding interest, but is lost if made with malice or beyond the scope of the duty.

Absolute Privilege

Complete immunity for statements in certain settings (e.g., parliament, courts).

The reason for this is to protect free, frank, and complete communication in crucial settings like courtrooms, legislative debates, and high-level government functions. This looks at the public interest in truth-seeking and proper governance over an individual's reputation. This privilege ensures judges, lawyers, witnesses, and officials are able to speak without fear of defamation lawsuits , allowing justice and public duty to be served effectively.

Responsible Communication

This defence is available for journalists, bloggers and publishers of statements. The reason for the defence is to show diligence in verifying allegations about public interest matters. Used by those who report on important public issues, allowing for some factual errors provided they took reasonable steps to verify the information, focusing on public interest, fairness, and accuracy. This defence fails if malice (spite, ill-will) is proven by the Plaintiff..

Online Damage to Reputation

Mon, 29 Dec 2025 15:13:50 GMT

Cyberstalking, Defamation, Harassment, and Fraud

Deliberately damaging someone’s reputation can be both illegal (e.g., defamation, harassment, fraud) and unethical, but it does not stop those who have a goal in mind, e.g. to ruin another's reputation or business. Sadly there are several types of tool that are often misused , the technical skill required is not always immense.

The majority of people use technology responsibly and ethically. Some people take another path. Common tools can be misused to damage reputations, but nearly all such uses violate platform rules and often break the law. The tools themselves are generally traceable to varying degrees, especially when law enforcement becomes involved.

When people take deliberate acts intended to damage someone else’s reputation—such as spreading false statements, doxxing, impersonation, or targeted harassment—the action can be unlawful in many jurisdictions and can lead to civil and criminal liability. In case you were about to ask, doxxing is the search for and publicity of private or identifying information or documents about (a particular individual or organization) from the internet, typically with malicious intent .

1. Tools Used

Using these tools to intentionally defame, harass, or endanger someone is unethical and in many jurisdictions illegal.

Social Media: Have you seen the number of fake accounts being created on Facebook, X, Reddit, Quora, Instagram, TikTok and other social sites? Each is frequently flooded with false claims and negative comments.
Review platforms (Google Maps, Yelp, Trustpilot, app stores, Airbnb-style sites which most industries have) are frequently abused for fake negative reviews and coordinated rating attacks against businesses.
Deepfake Generation Software: such as Descript’s Overdub can simulate voices and apps such as JuicyOonga are reportedly used to create unfiltered synthetic images, video, and text. Let's be honest it is not difficult to steal pictures and logos, so creating deepfake alternates are the next step.
Automated Botnets: are used to power botnets that generate massive amounts of high-velocity misinformation for harassment campaigns.
Review Bombing & Extortion: Specialized scripts or "bomber" tools (e.g., SMS Bombers ) can flood a target with unwanted traffic or fake one-star reviews targeting your business.
Synthetic Content Platforms: Generative AI tools trained on internet-scraped data can be manipulated to produce "AI slop"—highly realistic but false content intended to mislead audiences or damage brand equity.

During 2025, Google has reputedly introduced a tool for businesses to report extortion attempts linked to such review-based attacks. Other sites need to do more to protect their users.

2. Technical skill required

Low skill level . This is something anyone can do:

Posting false accusations or rumors on social media, leaving fake reviews, or sharing edited images generated by easy “one-click” apps requires almost no technical knowledge, just taking a will to setup fake accounts, which are rarely checked.
The challenge is that on Social Media, most things are easily traced. Reddit may have random names, but these can be traced to the individuals involved.
Many deepfake and image‑editing apps now provide templates and simple interfaces designed for non‑technical users. Copy a genuine picture and let AI do the rest.

Moderate skill . It takes a bit of time to learn :

Running coordinated review or harassment campaigns, operating multiple sockpuppet accounts, or using basic automation (schedulers, simple bots, mass-creation of accounts) generally demands some understanding of platform rules, IP blocks, and account management. They also take time and a level of dedication.
Open source threat intelligence (OSINT) is not complex technology. People who understand how to use this technology to protect their own reputation can also use it to to attack other platforms. Being open source it is also low cost.
These tools systematically gather and cross‑link personal data, or tailoring smear content to exploit SEO and algorithmic amplification, requires more digital literacy.

High skill level , this requires a level of technical prowess which can be learned, given time and focus:

Building or controlling botnets, crafting custom malware to steal private material, or building sophisticated deepfake pipelines (e.g., high‑quality cloned voice plus realistic video) typically requires advanced technical and security knowledge.
Orchestrating multi‑platform information operations (e.g., fake “news” sites feeding into social media, backed by automated amplification) is closer to professional influence operations than to ordinary user behavior.

3. Traceability and anonymity

For the person intending to attack and person or organisation, they will soon find that no commonly used tool guarantees perfect anonymity. Traceability depends on the attacker’s skill, the extent to which they use of fake accounts, operational security, and legal context.

Usually traceable with platform cooperation:

The dedicated faker will have alternative accounts. However through their actions, they often give away clues to their real identity, this may be crucial when tracking them.
Social networks, review platforms, and commercial AI tools log the IP addresses for users, devices, and account identifiers, which can be tied to individuals through requests from law enforcement or civil discovery in serious cases.
Many deepfake and image-editing services also store upload metadata or account histories, even when they appear “anonymous” to ordinary users.

Partially traceable / harder but not impossible:

Use of VPNs, disposable email addresses, prepaid SIMs, or privacy browsers can obscure origin, but patterns of behavior, payment records, or mistakes (reused usernames, shared devices) often re‑identify users.
Botnets and automated accounts can mask which human is in control, but infrastructure, payments, and command‑and‑control servers may still create investigative leads.

Stronger anonymity tools:

Tor networks, some encrypted messaging apps, and certain anonymous hosting services offer stronger protection against casual tracing, but they still have limits and may attract enhanced scrutiny.
Even when the original perpetrator is not identified immediately, platforms may still remove content, suspend accounts, and preserve logs for future legal action.

Global businesses increasingly use modern forensics tools like Sensity AI, Reality Defender, or Intel’s FakeCatcher to analyze biological signals or pixel-level inconsistencies to prove content is fraudulent. For small business affordability is always a challenge.

Spotting fake or malicious reviews or Reviewers

Look for vague or copy‑paste style language: Fake reviews often avoid concrete details about the service or product used, or what actually happened, and may lean on generic praise or over‑the‑top complaints, such as being too expensive.

Check the reviewer's history There are certain clear red flags, such as reviewers having only one review, and ironically the other extreme a reviewer having dozens of unrelated reviews across random locations and industries. How can a person living in Venezuela, review a coffee shop in Los Angeles, an Optometrist in Belgrade, a bakery in Teheran, Iran, a Law firm in Niagara Falls Ontario, and a Tarot Shop in Toronto, all within 76 hours? It is physically possible, but highly unlikely.

Watch timing and patterns: Sudden spikes of very positive or very negative reviews given in a short window, especially from similar-sounding accounts, suggest coordinated manipulation. Although there are genuine reviewers that only use initials, because they genuinely seek to remain anonymous, the fake reviewer also does the same, using anonymity to hide their illegal activity.

Examine tone and details, showing “all good” or “all bad” language, repeated phrases, or stories that don’t match your records (wrong dates, wrong service, impossible scenario) are often signs of a fake review. Law firms, like Invictus Legal LLP maintain a daily call log, all incoming calls and outgoing calls that relate to the business. The firm has a diary of all meetings, including sales meetings. a full CRM with the names of all customers and prospects. When a review is added you must first track them against the CRM database, based on the name and work performed; it is clear to see the fake reviews.

Forums exist to swap five star reviews, given such forums exist it is easy to see how review swaps can take the form of "I will give you a five star review and in return you give my competitor a one star review stating..." Our investigators have trapped review swappers making such offers. Further as the review is copied and pasted, unchanged, from the spammer's instructions it is possible to detect the writing style of the attacker.

What to do if You Are a Victim?

Report and remove fake reviews, if possible. Each of the review sites have a "“Report” or “Flag as inappropriate” option, us it to report the review. Whether the review provider, such a Google removes it is chance. Please note that removing the review does not necessarily recover your score.
Escalate with evidence if basic flagging fails, although it has to be said that many digital sites have poor quality customer service and may reject you approach. Contact the platform’s business support or help center and submit a ticket including order numbers, screenshots, and proof the reviewer was never a customer or is a disgruntled ex‑employee or competitor.
Respond publicly but professionally. Post a calm response noting you cannot find any record of the transaction and inviting the reviewer to contact you directly. Do not get angry.
Avoid outing suspected identities or making accusations, even if you are convinced about their identity. You are likely right, but that can be the subject of legal action.
Find a Paralegal or a Lawyer, like Invictus Legal LLP, to fight your case there are many steps that we can take. but it is vital that you act fast. If the action is defamatory thentime limits exist.

Understanding ODSP Eligibility

Tue, 23 Sep 2025 23:25:23 GMT

Eligibility criteria for Ontario Disability Support Program (ODSP)

This article discusses the eligibility criteria and purpose of the Ontario Disability Support Program (ODSP), established under Bill 142 in 1997 and
implemented in 1998. It is one of the welfare packages available for those in need in Ontario. The program is designed as a long term disability to support individuals who lack access to other forms of insurance, offering financial assistance to those with disabilities.

To qualify, applicants must be at least 18 years old, reside in Ontario, and have a disability expected to last a year or more. Additionally, they must demonstrate financial need, with personal assets not exceeding $40,000 for single individuals.

ODSP is available when no alternatives are available, such as private workplace insurance policies, like Manulife or WSIB, for those that have injured themselves at work. These may provide some short term coverage for up to two years under specific conditions.

Invictus Legal partners, Peter Giblett and Angela Browne discuss ODSP eligability in the following Spin Legal video, recorded on September 16th, 2025. Episode #83. The topic of discussion is "How to know if I am eligible for ODSP?" #legal #law #benefits

How do I know if I'm eligible for ODSP?

Every type of disability program that's out there has a certain eligibility criteria. In Ontario or anywhere in Canada, they have different disability programs for each province. In Ontario, we have ODSP, which is the Ontario Disability Support Program. It is a program that was created in 1997 and proclaimed in 1998, through the Social Assistance Reform Act. Previously Ontario had a system called Family Benefits that served a similar purpose.

If you become disabled today you apply for ODSP. If you were to trip over and bang your knee and was out of work for six weeks, you

wouldn't qualify for this benefit. It must be a condition as defined by your doctor to last at least one year and you have no other benefits to cover you.

To obtain this benefit you must first demonstrate financial need. In other words, you have to show that you're poor enough to qualify. If you're a single person, you must not have more than $40,000.00 in resources. An ODSP caseworker will assess your circumstances, including income, assets, family size, and living expenses to assess eligability. You can own your own home and a vehicle, but your living allowance will be limited to budgetary maximum according to family size and circumstances.

The video gives numerous examples of conditions covered through the benefit programs under ODSP. At Invictus Legal LLP our team can assist you with obtaining your benefits, especially if your claim is rejected.

Other Benefits

There are many disability benefits that may be available to people, e.g:

Statutory Accident Benefits, for automobile accidents.
Workplace Safety and Insurance Board (WSIB) benefits.
Canada Disability Benefit, A new federal benefit to provide financial support to working-age Canadians with disabilities.
Canada Workers Benefit (CWB): A refundable tax credit for low-income workers.
Ontario Works. A program that provides financial assistance for people who are in temporary financial need.
Disability Tax Credit, a tax credit that reduces the income tax a person with a disability may have to pay.
Canadian Dental Care Plan: A new plan providing dental coverage for eligible Canadians.
Ontario Trillium Benefit (OTB): A tax credit to help with the sales tax, energy, and property costs.

These will be discussed at another time

Why do I need to Pay for a Consultation?

Wed, 10 Sep 2025 23:14:29 GMT

Invictus Legal LLP charges $113.00 for a 30 minute consultation, including HST.

A consultation is an opportunity for a paralegal or lawyer to assess a prospective client's case. It is also an opportunity for the prospective client to assess their prospective legal team.

How does a consultation work?

A full consultation is broken down into the the following general parts:

The prospective client will share their legal challenge, why they need legal advice, and what happened to them, and why you are coming to Invictus Legal today.
The Partners at Invictus Legal will take the opportunity to read through the highlights of any documents relationg to your legal matter.
The Partners willask questions about your case. Sometimes a deep dive about sections of your file will need to happen.
Invictus will then give you guidance about the legal options you face. Often there are many different choices, If you are defending a matter then the choice is limited.
You, the prospective client will always have an opportunity to ask questions about how we can assist you.

We often have our consultations transcribed through an AI app.

Watch Spin Legal on September 9th, 2025, episode #82, where Angela Browne and Peter Giblett, discuss the question of why do I have to pay for a consultation?

What about a Free Consultation?

Some legal offices provide free consultations, so does Invictus - this is normally part of the initial phone conversation. We listen to what you say, assess the possible options, but without seeing key evidence that we are not likely to be able to assess your legal options. Usually a phone call ends in an appointment for a full consultation, which is a paid consultation.

With a free consultation we can not offer legal advice.

A consultation is an Investment in your case

If you have a legal problem, then you should speak with a professional, either a lawyer or a paralegal. Seek a professional. Don't leave it to chance. Your consultation your first Investment in your case.

Tenants' Rights: Pest Control and Maintenance

Wed, 27 Aug 2025 15:04:20 GMT

Why Tenants must notify landlords about pest problems to ensure timely intervention.

Section 20 of the RTA is referenced, outlining landlord obligations to address infestations promptly. The rights of the Tenant do include the right to like in a safe inhabitable residency. Rats, mice, cockroaches and bedbugs should not be desired inhabitants to share you rental unit.

If the Landlord does not fix the problem there is potential for the Tenant to be awarded a rent reduction should landlords delay necessary repairs, supported by case law advocating for a bug-free living environment. The importance of maintaining open communication between tenants and landlords cannot be understated, alongside the legal frameworks that protect tenants' rights to a habitable living space. It is especially true with these unwanted critters.

Tenants need to be proactive in reporting issues and for landlords to adhere to their legal responsibilities, ensuring a safe and healthy living environment for all parties involved.

Take a look at a recent Spin Legal episode regarding this topic.

Action Points for Tenants:

Contact the landlord immediately if pests are discovered in your rental unit.
Landlord must contact a pest control specialist when a tenant complaints about pests.
Tenants to prepare units as instructed for pest control visits.
Investigate local bylaws regarding pest control and mold for tenants when facing persistent problems or the Landlord refuses to take action.

Landlord obligations under the Residential Tenancy Act and municipal property standards are clearly defined. The tenant has the right to a safe and habitable home. Landlords must maintain rental units in a good state of repair, fit for habitation, and compliant with health and safety standards, this includes dealing with mold, vermin, bedbugs, cockroaches, mice, rats, etc. Tenants have the right to expect repairs to be made in a timely manner. When it come to these unwanted critters, be aware that proper treatment does take time, and according to a pest expert may require multiple units to be treated at the same time.

Your landlord needs to address infestations or mold promptly once notified, significant delays may justify a rent reduction or compensation. Tenants have a right to claim a rent abatement or compensation when a landlord refuses to take appropriate action.

Pleasze be aware that tenants are not legally allowed to withhold rent as self-help remedy, that can end in your eviction.

If you need assistance with you maintenance or past problem then Invictus Legal LLP can assist.

Criminal Charges Before the Ontario Court of Justice

Fri, 05 Apr 2024 16:28:36 GMT

Can a Paralegal Represent Me in a Criminal Matter?

A Paralegal can represent accused persons who are charged with a summary conviction offence where the maximum penalty does not exceed two years - minus one day, imprisonment.

Summary conviction offences are the least serious offences in the Criminal Code. Causing a disturbance (s. 175), possession of a weapon in public (s. 89), disorderly conduct (s. 173), and public exposure (s. 173(2)) are all examples of the many summary conviction offences that Paralegals can work on. When you receive your summons, please tell us exactly what you have been charged with, including the section number of the Criminal Code to help us determine if this is something we can help you with.

A Criminal Defence Paralegal cannot represent clients on any indictable offence or what are known as a “super summary offences”. Super summary offences can carry a jail term for up to eighteen months. An example of such an offence is a DUI. Some offences are called hybrid offences, such as sexual assault, where the Crown can elect to proceed summarily or by indictment. In this case, we will consult the Crown attorney on or prior to your first appearance to find out how they are electing to proceed.

If you are coming to us with a summary conviction charge, please try to write down and remember as much as possible the names of possible witnesses, as well as other information that you believe might assist you in your Defence. Please contact Invictus Legal LLP to assist in this area of practice.

Professional Tribunals

Thu, 14 Mar 2024 20:26:44 GMT

Whether you are a doctor , nurse, dentist , lawyer, paralegal, engineer or hold another profession, professional ethics are likely vital to your success in your chosen field. In professional fields, ethics are vital. We all know of the Hippocratic oath, but outside medicine, as you know, other professions have similar standards of practice that are crucial to the success of those professions.

Ethics

Professional ethics refers to the standards of behaviour that various industries expect professionals within them to adhere to. Each industrial sector has a set of standards and moral principles that guide good practice in that field. These ethical standards can impact decision-making and behaviour in the workplace. Professional ethics are important because they help maintain a positive reputation for the profession. They also ensure that clients receive high-quality services.

Professional ethics vary depending on the profession. For example, doctors are bound to a professional code of ethics that exists independently of their employment. They are held to a universal code of conduct because of their chosen profession. Some common ethical dilemmas in the healthcare industry include patient confidentiality, informed consent, end-of-life care, and resource allocation.

Conflict of interest, for example, is a vital aspect of the legal profession. Breaching conflicts of interest in the legal profession can include representing clients with opposing interests, accepting gifts from clients, and representing clients with whom the lawyer has a personal relationship.

For a professional, breaching ethical standards can result in being reported to the relevant authority that governs your industry. It can lead to loss of income, being subject to discipline, or more. The ultimate outcome for you is being struck from the rolls of your profession. That is where you need a team of professionals to assist you in building your defence. That is what Invictus Legal can provide.

Your Professional Standing Matters

Your professional standing refers to your reputation, status, and credibility in your profession. Others in your profession and members of the general public constantly view your actions. Professionalism is about how well your peers and the public regard you.

Your professional standing is important because it can help you get recognized, earn respect, be approachable, and show that you’re dependable within your community. However, the governing bodies or colleges in your profession have a duty to the public, meaning anyone can call your professionalism into question.

Just because they question your professionalism doesn’t mean the end of your career. It’s important to remember that everyone makes mistakes and that it’s okay to ask for help when needed.

If you are ever in a situation where your professionalism is being questioned, it’s important to stay calm and remain professional and to try to work through the issue with your colleagues and/or supervisor. If you’re unsure how to handle the situation, you can always seek advice from a mentor. Additionally, you need the support of a competent legal team by your side. This is why you should call Invictus Legal LLP as soon as your reputation is questioned.

The Process

If you have received a complaint, it is important you engage a legal team to respond to your complaint. Having a legal professional represent you is vital. They manage all communications with your regulator and work with counsellors to assess whether professional counselling is appropriate. How communication is managed is a vital part of ensuring that you continue to work in your chosen field, that is why all communications must come from your legal representative.

Invictus Legal can assist to ensure your professional reputation remains intact. Our aim is to provide you a complete career saving package.

Choosing the Advocate that is Right for You

Mon, 04 Mar 2024 20:00:37 GMT

How Do You Find Information About a Lawyer or Paralegal?

Is Your Advocate a Regulated Professional?

So, you decided to hire a legal professional. That may be a daunting task. There are a number of steps you can take to ensure that they are a regulated professional.

First, check to see that your legal professional is listed in the Law Society of Ontario directory . If their name is in the directory, they are licensed with the Law Society of Ontario and are able to provide you with legal advice or legal services. Members in good standing with the Law Society of Ontario are insured for errors and omissions, as well as bound to a Code of Ethics.

If their name is not listed, it is likely they are not licensed and not authorized to provide the services you are seeking.

Check their Law Society of Ontario number on the Directory. The higher their number is, the less experience they have in private practice. Many practitioners with higher numbers have not practiced for a couple of years since they were licensed and only recently opened up shop. If they are not working with somebody else that has more experience, particularly if your issue is more complicated, it is best to take your matter elsewhere.

Second, check the website of your prospective choice. How much information does their website provide? Is there a contact number? Are there office hours? Does there appear to be a physical office? Does the prospective hire provide legal advice or legal services in the areas of law that you need help with? Their website should state clearly what types of issues they could help you with.

Where Does Your Legal Advocate Work?

While it is not necessary to have a physical office, the Law Society of Ontario does have specific requirements for those who choose to work from home or in shared office space. Short term or hourly rental spaces, such as Regus or Zemler “office in a box” boardrooms, do support occasional meetings for a legal professional meeting with you in your community. However, such space may not be appropriate for a long-term relationship.

Legal professionals are obligated to maintain strict confidentiality of your records (e.g. a locked filing cabinet, password-protected clouds), as well as to provide a consultation area that is free of distractions. It should be a space that nobody else regularly enters or has a reason for being in. Further, not having a physical office limits the way you can interact, drop off documents or meet with your professional in an emergency or urgent situation. However, many lawyers and paralegals operate most of their services online. If you are comfortable with that, make sure you have a place to write to them outside of an email address or contact sheet on a website.

How Detailed is their Website?

Third, your prospect’s website should provide the areas of law that they work in. If your prospect’s website simply states, “we handle matters in small claims court“, it is not enough. What kind of small claims matters can you bring to this person/firm? Does your prospect offer help with employment situations? Is the person familiar with construction contracts, such as a ‘renovations gone bad’ type of case? How about your prospect’s experience in filing claims against an insurance company, such as when your house insurer declines your claim after your roof blew off?

Fourth, does your prospect advertise their fees? The professions do not always advertise their fees, nor do they have an obligation to do so. However, if they claim they offer a flat rate “start to finish” on various actions, question them on this. If they claim they can run a Trial on a flat rate, they likely do not have the experience or the expertise to determine how long or how complicated their matter can be at Trial.

Fifth, if they advertise themselves as ‘experienced’, ask them how many Trials they did, how many landlord and tenant matters they took to hearing, as well as how long their current office was open. Ask them if you have something to drop off or need to stop in to speak to them, where would they meet you? If they are hesitant, find somebody else.

Meeting with Your Legal Professional

Sixth, how does your prospect present themselves? Are they boastful of early achievements? Do they compare themselves with other legal professionals? Are they dressed so they could hurry off to the nearest night club after meeting with you? Do they look like they just finished up a paint job at their house and are interrupting that job to meet with you? Are they playing with their smart phones at any time in your consultation, or do you notice their computer screen opened up to Facebook or Twitter?

Seventh, what is the state of their meeting space? Many legal professionals meet in private boardrooms or empty offices in their physical location to ensure that your comfort and confidentiality is held in top regard. Their own offices may be filled with paperwork to the brim, which is not an ideal client meeting space. Your meeting with your prospective professional should not include the presence of open files, documents, or even closed files piled up on the desk or board table. If space is an issue, your professional should place these files behind them on the floor or on a shelf outside your view before meeting with you.

Eighth, how does your prospective professional communicate with you? At the Initial Meeting, they should mostly listen and steer the discussion with questions to help understand the legal issues you are bringing them. The type of communication style one client prefers may differ from the next. However, in most cases, your prospective representative should be knowledgeable about your issue, non-judgmental and be willing to explore a number of options that can help you arrive at the right place.

The Importance of Trust, Professionalism and Being Upfront

It is important to identify your goals with your legal representative when you meet with them. While we are trained for court and often love to litigate, taking everything to court is not always in the client’s best interest. A good legal professional would ensure that going to court is a last resort, while at the same time securing a strong legal settlement that may not be perfect but would meet your needs.

Your legal professional should be able to discuss fees in a straight forward manner. There are different ways that fees are charged to clients at Invictus Legal LLP. There are flat fees, which are usually limited to research and possibly a limited scope retainer. A limited scope retainer is when you need help with some of your case, but not all of it, such as drafting a claim. Hourly fees are charged when the matter is likely to head to litigation.

There are also block fees where each step in a legal proceeding has a flat rate, as well as a monthly retainer fees for ongoing actions that a client may not be able to fund upfront. Many times, your legal professional will ask for a certain amount of money upfront. If they do, this money must by law be placed into a trust account and not disbursed to themselves until: (a) work is partially or fully completed; and (b) invoiced.

It is important that you have a trust level with your lawyer or paralegal. You should be comfortable telling him or her anything that you feel is relevant to the case you are bringing to them. You should also feel that you are not being judged. Many people involved in traffic or criminal cases feel badly, but a professional’s job is not to judge you. Their job is to assist you in resolving the issue.

Most important, once that comfort level is established you should provide all the information they need, or their ability to help you may be limited. Please see our companion article on your Initial Consultation.

Finding the Right Kind of Legal Assistance

Mon, 04 Mar 2024 19:58:48 GMT

There are many times in our lives when we experience problems that are beyond our grasp, where we need to speak to a professional.

If your car breaks down, you want a mechanic. If furnace dies, you need an HVAC (Heating, Ventilation and Air Conditioning) technician. If you develop health issues, you turn to your Family Doctor. In the legal system, you have a broader choice of legal representation for many matters in Ontario. In Ontario, you can choose to hire a Lawyer or a Paralegal.

As technology advances and we become more and more specialized in what we do, it becomes easier for each of us to understand the value of knowledge. Like your auto mechanic, your family doctor or your HVAC technician, lawyers and paralegals offer specialized knowledge that can help you resolve your legal problems. Invictus Legal LLP is owned and operated by experienced paralegals that have practiced in the province of Ontario. We also connect to lawyers that may be able to assist you in resolving legal issues that as paralegals, we cannot become directly involved in.

Many of us begin our searches on Google, which may or may not be a good source to address your problem. Many legal blog sites may include references to situations that are similar to yours, but you may not know for sure until you speak to one of us.

Depending on your issue, a paralegal may be the legal professional you need. For example, if you have a matter with any federal or provincial tribunal, each of which deal with a variety of matters (such as disability appeals, human rights, educational issues, criminal injuries compensation or the reinstatement of a license), a paralegal can probably help you. If you are a landlord or a tenant, a paralegal can represent you before the Landlord and Tenant Board. If you have a legal claim of $35,000.00 or under, a paralegal can take your matter through small claims court, or defend you in the same. There are also a number of offences dealing with traffic tickets, suspension of your driver’s license, or offences of other provincial law, that are heard in Provincial Offences Court. Paralegals can represent you there as well. Paralegals can also defend you or resolve criminal charges that are summary in nature and do not include a jail term of more than six months, or five thousand dollars in fines.

If you are looking for a divorce, a separation agreement or to seek custody of your children, this is a family law matter. Paralegals at this time cannot help you. Similarly, if you are purchasing a real property, wanting to update a will or to pursue a litigation claim that is much higher than $35,000.00, you will need to seek a lawyer. In certain cases, a claim above $35,000.00 can be dealt with by a paralegal, using the rules of the Small Claims Court, but a case review would be required. The Law Society of Ontario runs a free legal referral service , where once you complete the form, a lawyer or paralegal’s name will be given to you, which will provide a half hour free consultation.

Elsewhere on this website, there is an article on what you could do to prepare for your consultation, regardless of what your legal issue is. The more prepared you are for your consultation, the better the advice you will receive. After your discussion with a legal professional, you may decide that you need legal representation. You may only need assistance with part of your issues, but not all of it. This is what we call a limited scope retainer. Our office offers this to many clients. You may also feel comfortable with proceeding on your own, but with the coaching and ongoing advice of somebody. In certain cases, we can help you with this. In any case, your consultation should provide you with clear options as to what your rights and obligations might be, and what possible methods of resolution might be available to you.

Professionally, Invictus Legal LLP provides services in many advocacy areas. including Small Claims, Landlord/Tenant, Provincial Offences (including Highway Traffic Act matters), as well as other Tribunals (such as Human Rights Tribunal of Ontario, Workplace Safety and Insurance Board/Workplace Safety and Insurance Appeals Tribunal, Criminal Injuries Compensation Board, Social Benefits Tribunal, among many others). We do not accept all clients within our chosen areas of practice, as the fit has to work both ways. As we have practiced and grown in our profession, we do our evaluation of cases before us based on chances of success, complexity of the matter, private interests (of the client) and public interest, as well as numerous other factors.

When should you choose to seek legal assistance? Early. As soon as you identify a potential problem. This is very important because there are sometimes tight time frames within which you must file notice of action or a claim. You can get a free consultation. Most legal professionals will offer one. It is also available through the Law Society Referral Service.

Invictus Legal LLP

Obtaining a Short-Term Rental License

Mon, 04 Mar 2024 19:28:54 GMT

An increasing number of municipalities across Ontario are implementing bylaws to govern the use of short-term or vacation rental properties. Navigating new municipal rules is vital if you wish to do business in the sector. How you put together your license application matters. Navigating the process is why you should have legal representation.

The rules may apply to:

Bed and Breakfast homes,
Vacation Rentals.
Cottage Rentals,
Country Inns,
Vacation Apartments, and
Villas.

Generally, short-term rental owners rent the homes they own, or rooms within them, on a short-term basis. The general guideline for this is less than 28 consecutive days. Guests are allowed to re-visit and can extend their stay (provided it is not beyond 28 days total).

How does the municipality govern short-term rentals? Invictus Legal LLP has a record of working with owners and the local municipal governments to ensure you get your license. Invictus has the knowledge and experience of Municipal laws to empower your application.

While vacation rentals can be controversial in some municipalities. If that is a part of your business plan, then you need our team on board to make your business goal a reality. We collect all of the relevant materials and manage your license application.

Some vital compliance steps may include:

Commercial Liability Insurance.
Noise Bylaws.
Maximum occupancy rules.
Building and Fire Codes.
Renter’s Code

There is no YouTube video to help you complete your application. The rules of each city is different. That is why you need to engage one of our legal professionals to ensure your short-term rental license application succeeds.

Our team has managed applications in multiple cities, and we are here to ensure your application highlights the strengths of vacation rental property. Having a legal team manage your application ensures that communication remains professional at all times.

Some cities only allow owners to own short-term rentals for their principal residence. How do you manage this? What if you use corporate ownership for tax convenience? Invictus Legal LLP can give you some advice.

In some municipalities, licensees must collect and remit the Ontario Municipal Accommodation Tax to the local city. Managing interactions with municipal authorities is often a matter of managing the red-tape. That is what our team specializes in.

Additionally, in many cities, owners need to renew their vacation rental registration yearly. Invictus Legal can manage the continuing application process.

By Peter Giblett

I Am Being Sued – Can You Help Defend Me ?

Thu, 29 Feb 2024 19:01:54 GMT

In Ontario, if you have been served a claim against you, don’t fling it in the drawer and forget about it. It is time to defend yourself. Lawsuits have specific deadlines you need to pay attention to as a defendant. Time is limited, and you need to take action. You need a defence.

Rule 9 of Rules of the Small Claims Court (O. Reg. 258/98) states, “a defendant who wishes to dispute a plaintiff’s claim shall, within 20 days of being served,” so you need to take action. It is time to call Invictus Legal LLP.

Time to build your Defence

The type of claims against you can include any of the following, plus many more causes:

Debts, or money owed to another person.
Your negligence caused injuries.
Improper installation or repairs.
Dishonoured cheques.
Repair and storage liens.
Property damage.

If you have been served with a lawsuit through the Small Claims Court, probably several questions run through your mind.

Do I need legal representation? The answer to that question depends on the complexity of your case. The concept of a Small Claims Court is one where the parties take or defend the action themselves. That said, while the dollar figure claimed is small, there can still be complex legal issues to be decided. This is where you need a legal representative.

It is best to seek legal help to at least understand the legal complexities of your case. Is it time to hire a professional litigation paralegal from Invictus Legal LLP? Remember, court staff cannot provide legal advice, but they can help you understand what forms you need to complete and when to submit them. As Invictus, our team will help you manage this process.

Limited Time

You only have a limited time to act, a limited time to serve and file your defence.

Even with time limits, Invictus Legal LLP is here to help you build a solid defence. Need to know what the rules are? That is exactly why you should engage our team. Crafting a defence takes special skills. Not only is it essential to deny the other side’s case, but it is vital to demonstrate how the legal principles follow your arguments.

Then there is another question, do you have a claim against the person who sued you? This is often called a counter-claim, although the correct legal term is a defendant’s claim. You should seek legal advice when creating a defence or a defendant’s claim. Our team at Invictus Legal LLP is here to help you.

The best defence is always a strong one. Our team is fighting for your rights. We specialize in writing strong defences and testing the validity of the Plaintiff’s claim.

Should I Sue in Small Claims Court?

Thu, 29 Feb 2024 19:00:04 GMT

Should I Sue in Small Claims Court?

Something happens.

You are fired from your job, purchase a car from somebody that did not actually own it or loan a friend some money they did not repay.

Your first thought is to file a small claims suit against the person you feel owes you money.

Do I Have A Case (for Small Claims Court)?

As paralegals, we litigate a lot in small claims court. Small claims court can deal with many, but not all, claims under $35,000.00. Many times, another body, such as the Landlord and Tenant Board or License Appeals Tribunal have the jurisdiction to deal with your claim. In many cases, these other forums must be the place you file your claim and not small claims court. Paralegals can litigate in these other forums and we can tell you if the small claims court does not have the jurisdiction to help you.

Most important, note that many types of actions cannot be decided in small claims court, even those that are not otherwise in the jurisdiction of a tribunal. Some examples of cases are listed below:

If You Want to Force a Party to Do or NOT to do Something

You cannot take somebody to small claims court to seek what is known as injunctive relief. If you want to do this, you generally need to file what is known as an APPLICATION to the Superior Court of Justice. Paralegals do not get involved in these kinds of cases. For example, if you want somebody to amend or take down a website, sell their condominium or force a company to re-issue shares to an aggrieved shareholder, these are heard in Superior Court.

Small claims court, however, can order under limited circumstances something called a Writ of Delivery. This is usually an order for the return of a specific object, such as a motor vehicle, a musical instrument or even a family pet.

If the Basis of Your Claim is to Order Specific Performance

This court cannot order specific performance of a third party. Apart from enforcing a settlement agreement that came out of small claims (or a related forum that is enforceable in small claims court), this is not possible. However, you can seek damages for breach of contract on many grounds (unjust enrichment, breach of contract, interference with contractual relations). But, a small claims court will not order your employer to give you your job back, nor will they order the company next door to stop polluting your backyard.

Issues That Fall Under Other Statutes with Legislated Jurisdiction

You might be contesting something under the purview of the Family Law Act or disputing the essence of an estate. This is also done in the Superior Court or Ontario Court of Justice (Family Division). The small claims court will not give you your children back. This court will not resolve issues of equalization between you and a former spouse. You cannot get appointed to be an administrator of an estate, or set aside a will to dispute its meaning. However, if a will clearly states that you are entitled to monies under $35,000, you can sue the estate trustee for this money if it is not distributed in accordance to the will.

Construction Liens

Construction liens up until recently were strictly under the jurisdiction of the Superior Court. However, this is changing by way of the new Construction Act, where small claims court can be the forum to file such liens of value of $35,000 or under in jurisdiction. This is an evolving process , whereby a dispute resolution process is expected to be fully in place by October 2019.

This list of exceptions is not exclusive. Contact our office today to see if your case fits the small claims court or another tribunal where we practice.

I Have a Claim Under $35,000. Should I Sue?

When we determine if we will take on a file, we consider a number of elements in your claim.

First, do you have or can you easily obtain sufficient evidence to bring forward your claim? Such evidence would include a contract, witnesses, invoices, audio or video recordings, and photographs, among other things. Second, can you directly connect the party you wish to sue as being liable? Sometimes the answer is easy. The party is a former tenant, a person to whom you loaned money, a former employer or a municipality. Other times, it might not be as easily, particularly when a third party caused the party you believe is liable to commit the act. Third, can you easily find the person you wish to take to court? This involves knowing the proper name, spelling, last known address, possible occupation, among other things. Our office can assist you in finding the person to some extent, but there are other factors you need to consider.

Does this person have any assets or sufficient income to cover the claim? The person may own their own house, but may have several creditors ahead of you in line if you were to win your case. They may drive a late-model vehicle, but they may be leasing it. Is your party working? Do you know if they earn sufficient income to cover your claim, even if you win? Is your party possibly bankrupt or involved in a consumer proposal? This information can be determined through our office to help you determine if it is worth your money and time.

Does My Claim Have Merit?

This is something that needs to be determined. This depends on the type of case you have, what evidence and if any limitation periods apply. In general, civil suits have a two-year limitation period, but this can differ in some cases. Often, the answer to whether your case has merit can be determined right away. As experienced litigation paralegals, we have seen many different types of cases over the years and know how the courts will see them. When faced with an unusual situation, we conduct case law research to determine if our arguments would be on point.

It is important to go to court with a case that has strong merits. Some people have come to our office to ask us to sue just to force the other party to back down on something. Or they want to sue for the principle. As we have been in court many times, we know that courts penalize parties that bring frivolous, vexatious and meritless claims. Even a case with good merits can be brought forward and lost, mainly because of the credibility of witnesses, quality of evidence and so forth. Even if you believe the other party might get intimidated by your lawsuit, many will seek the advice of counsel and call your bluff.

My Case Has Merit, and I Want to Proceed. Now What?

If you wish to proceed with a meritorious claim, Invictus Legal LLP can assist you in many ways. If money is an issue, we can complete what is known as a limited-scope retainer. That means you might want us to act on the part of your action, but not all of it. We can draft your Plaintiff’s Claim, attend a settlement conference with you if you are already in court, or we can help you negotiate a settlement. The costs of full representation will also be discussed with you, as payment plans are available if required.

Workplace Bullying/Harassment: What Is It and What Can You Do?

Wed, 28 Feb 2024 21:44:11 GMT

Introduction

If you are reading this, you might be wondering if what you are experiencing can be considered “workplace harassment” or “workplace bullying”. Most of us heard about it discussed in the news, reports of people getting charged with harassing somebody they worked with, or heard others complain about getting “harassed” at work. Maybe you are experiencing something at work or in your workplace that is bothering you, worrying you or creating a major sense of tension. First, let’s review what workplace harassment is.

What Workplace Harassment Is and What It Is Not

Depending on where you look, workplace ‘harassment’ has many different components. There are many laws that cover different forms of workplace harassment and obligate one’s employer to address particular types of harassment. For the sake of simplicity, we will not be covering the details of various acts and leading cases that helped define where the line is drawn between ‘workplace discipline’ and ‘workplace harassment’, although we will continue to provide further articles under the heading of Employment Law over time to assist readers in understanding issues about “workplace harassment”, among many other issues connected to employment and your workplace environment.

On its own, workplace harassment and bullying is not:

Providing a less than stellar performance review;
Providing constructive criticism about how you are carrying out an essential duty of your job (if there is something that can be taught, changed or improved);
Requesting that you perform some aspect of your job that is clearly within your job description and is reasonable for you to carry it out at the time;
Providing progressive discipline for performance or conduct issues (e.g. lateness, absenteeism, missing deadlines, conduct on the job or in situations where it may be reasonable that you are representing the company, such as at a conference or perhaps not meeting minimum expectations after given time to improve);
Disagreeing with you about a key aspect of your work and deciding that the company will not support your position (within reason); and
Actual disciplinary or termination proceedings with cause, or after a series of reasonable warnings, etc.

However, many of these elements may be part of an environment where you are also subjected to ongoing harassment or bullying, examples of which are outlined below.

In general, workplace harassment is defined as an engagement in any act, course of vexatious comments or conduct towards a worker that the one engaging knows or reasonably should know that the act, comments or conduct is unwelcome to the worker. To define this conduct as harassment, the conduct, comments or actions should be something that is repeated, persistent or even escalating over time. An employee’s attempt to stand up to the perpetrator is often met with threats against them in their job, such as disciplinary action or outright termination.

Harassment can appear in different forms, such as a sexual nature, particularly if the person engaging in this conduct is in a supervisory or influential position over the worker’s position with the company. It doesn’t have to be a direct supervisor, but it can be anybody that has the ability to adversely influence the course of one’s future employment. However, there are many other forms of harassment that might not be sexual in character. For example, your employer may openly attack your work in front of colleagues, set unreasonable standards on your work, deliberately leave you out of discussions concerning your job, or spread unfavourable and untruthful gossip among your colleagues about you.

Some of this harassment can cross the line into bullying, examples of which can be where your supervisor or manager unilaterally and significantly change your working conditions, e.g. adding a major commute you did not have before to your “new” position at another location they suddenly want to send you (with no added compensation or appropriate notice/discussion), removing significant areas of your authority that you previously had (and unilaterally giving these decisions to somebody else), constantly criticizing or berating your work or professionalism in a public manner (e.g. in front of coworkers or other colleagues).

Other forms of harassment and bullying can be simply allowing or condoning coworkers to ostracize you or create a “poisonous” environment. At times, there can be outright violence in a workplace, condoned by the employer. Again, the telling characteristic of this type of harassment is that it is not a single incident, but something that is often repeated and at times, escalating over time or when the perpetrator is challenged.

It is evident that you are likely being harassed and bullied that if you challenge the conduct of the individual concerned, that reprisal from the perpetrator is often immediate and severe. For example, if you are being exposed to constant criticism, belittled and many of your responsibilities unilaterally removed, and you choose to stand up to the perpetrator or to their manager, your job is suddenly at risk or more severe harassment is engaged in by the perpetrator or others in an attempt to get you to quit.

In addition to protecting you from (and not engaging in) harassment and bullying, your employer is also obligated to protect you on the job or worksite from others that may interact with your workplace, legitimately or otherwise, who can impact on your personal safety and security. Your workplace is also responsible for setting policies and procedures in place to prevent others from coming onsite to harass, threaten, injure or otherwise cause distress to you. These people can include angry, disgruntled customers, an ex-spouse seeking to confront you at your workplace, or others whom may intend to injure or harm you and/or others at the workplace. Your workplace should also provide training to all of its staff as to how to handle people that may be disruptive, potentially violent onsite or even over the phone or other communications.

I Believe I May Have Been Harassed/Bullied. What Can I Do About It?

Obligations of Employers

All businesses must have a policy that protects its workers and the workplace (which can also include work being done for the employer off site as well) from harassment, bullying and potential acts of violence, and in companies of a certain size, a step by step protocol needs to be set out to deal with the alleged harassment, bullying and violence. In many cases, an employer can retain the services of a lawyer, a labour consultant or human resources consultant to conduct a workplace investigation. How a workplace investigation is carried out is very specific in how information is solicited and what the rights of different parties are during such an investigation.

In general, an employee can utilize the steps spelled out in the workplace policy. Such a policy should be known and made available as needed to all staff and supervisors and managers. The contents of such a policy might vary considering the size of the company, number of locations, nature of its business, organizational structure and areas of vulnerability. Areas of vulnerability are where workers can be more prone to be exposed to violence (e.g. working alone at a convenience store, protecting valuable or sensitive property, providing transportation of persons or goods, working with a specifically volatile client group such as persons with addictions or mental illness, etc.).

Dealing with harassment and bullying also needs to be dealt with in a companion policy, as such incidents are more likely to happen within the workplace and are reported internally. If your employer does not have such a policy and is of a certain size or larger, a complaint can be filed with the Minister of Labour. The Ministry can investigate the lack of a policy and/or relevance of a “policy” for workplace harassment, although they could not make orders as to the specific form and content of such policy or the merits of any particular complaint a worker may have for such a policy to be applied to.

If your employer does have a policy about harassment and bullying, you may wish to follow its protocol. Once the initial report or complaint is filed, your employer must take steps to follow through on your complaint by either investigating it or bringing in an outside party to assist with this. After the investigation is complete, you should be made aware of what the findings were and what will be done, if anything. If you have a union representing you in your workplace, you should also file a grievance. Your union would also be familiar with your workplace policies and unionized workers have the right to have a union representative attend any meetings they have with management with respect to any workplace issue. A worker can insist on having their union representative in attendance before any such meeting starts. A union representative can also assist you with filing any grievances that might arise from alleged violations of this policy.

A later article will detail how to deal with your union and what happens if they fail to help you, or if they become part of the harassment.

What Can I Do if I Am Not in a Union?

If you are not in a union, you need to do the following:

1. Do not quit or resign from your job. If you quit or resign at this point, it will be harder to prove your case. You may also lose access to extended termination pay and other payments.

2. Do seek legal advice immediately. This will help you protect your rights in the event you might be immediately put at risk.

3. Continue to go to work as long as you can tolerate it. While you are there, document everything. Start a log. Get copies of any emails sent to you, sent by you and other letters or documentation that you have access to at this time. Keep a timeline of what happened, dates it happened, who was involved, etc.

4. Keep your files and copies of emails, documents, your personal work reviews, etc. at home and not at your workplace.

5. If you can no longer tolerate your workplace, you need to go on leave. Your employer cannot stop you from going on “sick leave”. Make sure you visit with your doctor, get appropriate medical care and a request for sick leave for a specific period of time (due to stress at work, whatever). Apply for any benefits your employer offers, such as short-term disability (as you are probably very distressed and mentally fragile if you have to leave the workplace situation). If your employer doesn’t offer short term disability benefits, apply for EI sick benefits .

6. If you need more time away from work, your doctor can extend your leave.

7. If your employer decides to terminate you, or harass you while you are on sick leave or tries to make things further difficult for you, they are only getting themselves deeper into trouble and you might be able to claim additional damages in a claim against them. However, your employer can inquire as to a return date if your doctor’s stated leave period is almost up and you did not renew. Cooperate with your benefits provider and/or EI as to any further information they require.

What Happens Next?

Sooner or later, something will happen, where you will need to seek legal help. You can file an immediate claim for constructive termination. The courts have allowed claims for “constructive termination” in situations where the employer does not actually terminate the employment relationship, but the situation is dealt with circumstantially as though you had actually been fired. This happens in defined cases (as set out by the courts) where an employee has been bullied and harassed to the point where it is impossible for the employee to continue working at their employment. If you wish to pursue this angle, legal advice is necessary.

If you are in a smaller workplace and the only “manager” is your boss and your boss is doing the harassing and bullying, there are other steps you may take. If you followed the employer’s protocol and policy with no resolution to your issue, you have other options as well. One might be a complaint to the Ministry of Labour, but as stated above, the inspectors are only empowered to ensure your employer has a policy that deals with harassment and bullying, but will not ascertain its effectiveness or adjudicate the merits of your case.

However, if you believe your employer violated any specific area of the employment standards law, such as unpaid wages, overtime, refusing personal days off, etc. and has threatened you or committed any type of reprisal against you for trying to enforce your rights, you can complain to the Ministry of Labour about the specific violations themselves (e.g. such as not getting paid for overtime, not re-hiring you after a pregnancy leave, refusing personal leave days, etc.). If you are unsure if your employer is following the law, contacting the Ministry might be a good first step. If you wish to proceed this way, it might be a good idea to seek legal advice prior to filing a complaint of this type because you may be barred from other types of litigation.

If the workplace bullying or an act of violence at work led to significant mental and psychological distress, you may also have a separate claim under the Workplace Safety & Insurance Act (WSIA) (as some types of mental distress claims can be deemed eligible for compensation under this Act). However, a claim under this Act arises from very specific circumstances and legal advice is necessary if you are considering a claim under WSIA.

If you believe that your employer has harassed or bullied you because of a specific personal characteristic, such as your sexual orientation, your mental or physical disability, your gender or for related reasons, you may have a case under the Human Rights Code. If the nature of the attacks do not appear to be related to anything on human rights grounds, but are still nevertheless distressing or even lead to constructive or actual termination, there is also the potential for civil litigation in court.

Because employment law and the different ways of enforcing your rights is very complex, it is best to seek legal advice to discuss which avenue would work best for you. This is also important because many times, you are not allowed to have your case heard through more than one forum. For example, in most cases if you are taking your employer to court, you cannot also go through another avenue such as Employment Standards Branch. In other cases, it may be advisable to use the Human Rights Tribunal if you feel the major concern is that you were harassed or discriminated against on the basis of personal characteristics, such as your gender, racial/ethnic background or disability. Because of varying limitation periods, notice requirements, as well as other procedural issues, it is best that if you feel your case might fall under ‘workplace harassment’ or ‘workplace bullying’, you contact us at Invictus Legal LLP to review your case with you in person.

Ontario Disability Support Program (ODSP)

davinder@poweredbyoutreach.com (Davinder Singh) — Wed, 28 Feb 2024 19:28:07 GMT

What is the Ontario Disability Support Program (ODSP)?

ODSP is a program of the Ontario government that helps to financially support persons that, due to a disability, cannot work or earn enough to support themselves. It provides both a basic income as well as health benefits, such as drug coverage, dental and certain other benefits that cover the needs of people with disabilities. Many people with disabilities that are legitimate have difficulty getting this benefit.

To get ODSP, you need to go to your local Ontario Works office, or in some cases, directly to ODSP, to be financially assessed. This means you need to find out first if you are “poor enough” to get ODSP benefits. This would include any earnings and assets of your spouse, if you have one, or any of your children (who live with you) if they are over eighteen years of age and not in school full-time. Some changes have recently been made to the program that allow more assets to be retained by the “benefit unit” (which is usually the total of people living in your household). There are also other exemptions, where even if the particular asset is worth more than what is allowed on ODSP, it won’t be counted as an asset when you go in to be assessed financially. These limits and exemptions are relatively complicated, so it is best to ask somebody with legal expertise in this area before you attend a financial assessment meeting.

After your financial assessment meeting, you will be given a Disability Determination Package, which must be filled out by your doctor, psychologist, nurse practitioner, audiologist (for deafness) or occupational therapist (for various physical limitations). Most people go to their family doctor or a specialist who deals with their primary health concern. There is also a Self-Report section for you to fill out to add your perspective as to how your health and disability issues affect your life. I strongly suggest people attempt to fill this section out, but only after the medical provider completes their section.

After this is done, you mail in your completed and signed Disability Determination Package to a department of government called the Disability Adjudication Unit (DAU). This department is headed in Toronto and staffed by people with health assessment knowledge. Many are OTs, nurses or other medical professionals. They review your application forms and decide if you meet the criteria of being a “person with a disability”. If you do meet these criteria, there is no need to contact us, as your local Ontario Works or ODSP office will contact you and start you on the program. You will be entitled to retroactive pay making up the difference between the monies you were receiving before your application and what you will be getting on ODSP. These monies go back to when your completed application was received by ODSP. For example, if your application was received on May 20, 2022, your retroactive pay will go back to June 1, 2021.

What if I am turned down for ODSP Benefits?

This happens quite frequently, even for people with serious or substantive disabilities. This is because all the staff at the DAU have available to them to make a decision is the medical submitted by your doctor. You would receive a letter explaining that your denial was because “you are not found to be a person with a disability”. This means you have up to thirty days to apply for what is called an “Internal Review”. This is also sent back to the DAU, which will pick another adjudicator who was not involved in the first decision to look at your application and then see if they support or overturn the original decision. The decision is overturned only a few times because, at this stage, there is usually not a lot more medical information to submit. After the Internal Review is completed, you will receive a letter with a decision. If you are still turned down, then you must appeal the decision to what is known as the Social Benefits Tribunal.

The Social Benefits Tribunal is made up of people who are knowledgeable about the law regarding ODSP and disability issues, and are independent adjudicators. They do not work for or get paid by ODSP to work for SBT. If you appeal to this Board, you will get a hearing in about a year’s time, where you and preferably, a legal representative, can appear before it to argue why you should qualify for ODSP Benefits. The benefit of having a legal representative assist you at this stage is that they know about the time frames in which things need to be submitted, as well as what kinds of arguments to make that are more likely to get the Tribunal to decide in your favour. Many times, your legal representative will secure documents from your medical and health care providers, as well as provide a summary or further information about your disability (particularly if you have an unusual health condition).

How can we help you with your ODSP Claim or Appeal?

Invictus Legal LLP has a representative with more than twenty years arguing before these tribunals and has been largely successful in helping people obtain benefits. Give us a call today if you are appealing a decision by ODSP at (905) 688-5598.

We also assist people who are already on ODSP fight other issues they might face over the course of time they are on ODSP, such as overpayments, arbitrary reductions, suspensions or cancellations of benefits, as well as numerous human rights related issues tied to ODSP rules and regulations. We have been involved at the legislative and political level as well in making changes for not only ODSP, but for the whole system as to how people with disabilities are treated by society.

Canada Pension Plan – Disability

Wed, 28 Feb 2024 19:24:08 GMT

What is Canada Pension Plan – Disability?

If you have worked for some time, it is likely that you have contributed through your employer or at year end tax time to CPP. For most of us, this is supposed to help us with our retirement. However, CPP also offers a program for people who become “severely disabled” before they retire. This program is only for those who have contributed enough over the years (and there are specific rules for how these years are counted and how “drop out” periods are dealt with, such as years you might have spent at home raising children). The amount received is tied to how much has been paid into the program by the person making the application.

To qualify, your mental or physical disability has to be “severe” and “prolonged”, which means it is more difficult to get accepted for CPP-D than it might be for some other benefits, such as ODSP. For CPP-D, you can receive full benefits, regardless of how much money you have or assets. However, your payments are limited by your contributions by law, and it does not include benefits, such as drug coverage, glasses and dental care. You can also live anywhere in Canada with CPP-D benefits (sometimes even other countries). However, “severe” means that your disability prevents you from regularly working in ANY remunerative employment, regardless of what type of job it might be. If you worked in a white collar job, and now with your disability you are only able to do a part-time light housekeeping job, you still won’t qualify. While your age, education, and certain other factors do count, they do not outweigh the medical evidence you have for your disability. “Prolongued” means that your disability is long continuing (likely permanent or long standing) or will likely result in your death (e.g. terminal cancer).

How Do I Apply for CPP-D Benefits?

You can call the Toll Free number on the Service Canada site or you can obtain an application from any Service Canada location. You must be able to verify your identity, etc. with certain documentary requirements. With your SIN number, Service Canada can track down your contributions to determine that you have paid enough into the system to be able to make a claim. Once that is determined, the CPP-D Application is divided into two parts: one for you to fill out, and the other for your doctor to fill out. With your application, you should attach as many medical records as you have that help point to the severity of your condition and your inability to work. You must also show how you have tried to continue to work or to find other work that is “lighter duty”. After your package is completed, send it to your nearest regional office (listed in the CPP-D package) and wait.

What happens if I am turned down for CPP-D Benefits?

Your first denial will come from Service Canada. You need to reply within a certain time frame by sending any new medical information and arguments as to why you should qualify by a certain date to their Reconsideration Unit. This is where another reviewer will take a look at your file and with new evidence, determine if they will uphold the original decision or change it.

If you are denied CPP-D Benefits again, your appeal is to the Social Security Tribunal’s General Division. This is where you fill out a completely different form and start your appeal at the Tribunal level. Again, the Tribunal is an independent body that includes adjudicators that are not part of Service Canada that made the original decision, and these people are trained in the law that applies to CPP and other federal benefits. At this point, you should get legal representation as it can be tough to argue your own inability to work as this has to be shown objectively, and meet the definition in the law.

There are different ways the Social Security Tribunal holds its hearings: videoconferencing, in-person or by telephone. Your best bet is to have an in-person hearing or one by videoconference, where the adjudicator holding the hearing and you can see and speak to one another in real time. This way, the adjudicator will be able to observe you, particularly if your disability affects your appearance, the way you walk or your need for assistive devices. Once this hearing is over, its decision will be mailed to you and your legal representative. If you are turned down again, your next option is the Social Security Tribunal Appeals Division, which is usually handled in writing and if they find in your favour, they may order a new hearing or just change the decision to deny you benefits. Hearings before the SST should be attended with a legal representative to improve your chances of getting accepted.

Invictus Legal LLP has competent legal representation available for prospective appellants for CPP-D. We have been handling this for almost twenty years.

Worker’s Compensation

Wed, 28 Feb 2024 19:22:36 GMT

Worker’s Compensation

I was injured at work. What do I do?

First, you have to report your injury to your employer. You may need to fill out a report and then file what is known as a Form 6 – Worker’s Injury Report. In this report, you need to describe what happened, if anybody saw what took place and how you were injured. Were you transported to the hospital? Did you follow up with your family doctor? If you need medical attention and have to leave work to get it, your employer is responsible for paying you until the end of your shift and to arrange for transportation to the hospital.

Second, you may wish to make a claim for Workplace Safety and Insurance Benefits (WSIB) to help compensate you if you have to spend time away from your job, as well as to receive medical care (such as physiotherapy, counseling in the event of psychological impact or trauma, medications). The law requires the employer to hold your job for you for a period of time after you were injured, so that when you recover you can return to your job. There are cases when your injury is so serious or long-term that doing your job is no longer an option. You will be evaluated to see if any treatment you received has reached its maximum potential. If this is the case and you are still unable to return to your job, even in a modified form, WSIB might assist you in getting training and education supports to help you get another type of job in your community.

I am being forced to go back to work and my doctor says I am not ready.

This is a common experience of many WSIB claimants. If you are receiving help from the WSIB, you are obligated to cooperate with them in terms of accepting treatment and returning to work at the earliest possibility. If you are not able to do your full responsibilities because of your injury, your employer (if possible) is required to offer you modified duties. This means that your employer needs to carve out a job for you to do that does not further injure you and could be performed despite your injuries. Failure to cooperate can result in your loss of benefits.

Many times, this is when people contact our office. We can file an Intent to Object (ITO) and if later required, an Appeals Readiness Form (ARF). There are tight deadlines for these things to happen, so make sure that you contact our office as soon as possible when you first experience a problem like this. There may still be meetings between yourself, your employer and a representative from WSIB called a Workplace Transition Specialist (WTS worker). The purpose of these meetings is to determine what might be possible by way of modified work and where applicable, the timing of your return to full duties. Your appeals can still continue throughout these discussions, but you must attend these meetings.

What if I am permanently unable to do my job?

This can take some time to determine. Most people can return back to work within a reasonable period of time, but many workers will not be able to do so. This is because your injuries might be too severe or limiting to the point that you can no longer perform the essential duties of your job. This is evaluated over time with your health care providers who will periodically complete what is known as a Functional Abilities Form (FAF) that spells out what your restrictions are. Your WTS worker will attempt to work with your employer to find work that you can do that fits within your restrictions. However, sometimes this is not possible because your injuries might be permanent.

Your file will be sent for evaluation at the WSIB’s NEL unit to determine how severe your permanent injuries are and how much of an economic impact over time your injuries cost you because you can no longer do your job. If there is another type of job you can do for another employer, you may be assisted in preparing to change your career. For many people, this can involve going back to school for retraining or upgrading. During this process, you will continue to work with your WTS worker and get any supports you need to help you in choosing a suitable career path, preparing for and graduating from any training program to help you in your new career. After that, there is a brief period of support to assist you in writing your resume, approaching potential employers in your new field and preparing for any interviews. WSIB does not place you or find a job for you, but they help you do this yourself.

There are sometimes disputes that can take place where WSIB believes you should be aiming for a particular career path that you do not feel you are capable of working in, or you feel there are not enough jobs, or the training program they send you to is inadequate to prepare you for your new job. These issues can also be appealed. These time frames are very tight and it is very important that once a decision is made that you object to, get in touch with us right away. Your WTS worker may reconsider after they receive your Intent to Object form or it may have to go to the Appeals stage.

What happens if I complete the Work Transition program, but not find any work in the field or in any other field?

After you complete your work with your WTS worker and you have completed your ten weeks of work search assistance, it is assumed by WSIB that you are capable of working in your new field. This is called deeming. This is despite the fact you may actually be unable to do the job in your field because your injuries became worse, or changes in the type of job have been made over the course of your training that put you outside of your restrictions in order to actually do the new job. You also may be able to work in your new field, but just cannot find a job anywhere.

Your WSIB benefits will claw back the amount of expected income you would be making in your new job and you would only receive a top up. If your new job is a minimum wage position, and the minimum wage is raised by the government (such as the proposed move to a $15/hour minimum wage), your WSIB benefits will continue to be deducted accordingly. You may be able to appeal this if, due to your injury you find yourself medically unable to do your new job or similar jobs to it. This requires a new appeal process.

What can Invictus Legal LLP do for me if I am having trouble with WSIB?

We can certainly answer your questions, assist you if WSIB is claiming you are not eligible to begin with (helping you prove the injury took place at your job), if your benefits are cut or denied, or if you are later told you have to go back to work when both you and your doctor feel you are not ready. We can also assist you if you are denied coverage for specific assistance you might need that would help you recover or return to your job.

What happens if I appeal to the Appeals Resolution Officer (ARO) and I am still unhappy with their decision?

WSIB has a two tiered appeals process. When you first file your ITO and later file your ARF, your appeal is still within the purview of the WSIB. However, a senior adjudicator called an Appeals Resolution Officer (ARO) will arrange to set up your appeal. At one time, these were always done in hearings held in person, which gives the ARO an opportunity to meet you and ask their own questions in response to your story. The ARO would then make a decision and send it to you in writing with reasons. Today, many of these decisions are made by a written hearing, meaning that both you and the employer (if they are still involved) send arguments in writing to the ARO and the ARO will made a decision based on that. As an advocate, I prefer in person hearings, as it is very difficult to give a senior adjudicator the full picture of your situation in writing, even if your doctors have supplied good medical reports. We can make a request to have an in person hearing, which they will grant in specific circumstances, such as if the case is complex or if there may be issues of credibility (or some of the documentation on file is contradictory). The ARO is still an employee of the WSIB, but they do work at arm’s length from the person that originally made the decision(s) that you are appealing. They have authority and can change the decision of your original case manager/ adjudicators. If you don’t like their decision, there is still a second tier to present your case to.

The second tier is called the Workplace Safety & Insurance Appeals Tribunal (WSIAT). The WSIAT is like a special court that only hears appeals about decisions made by the WSIB’s ARO. The decisions made by the WSIAT are firmly based in law, precedent as well as policy, and are final. An appeal from the WSIAT generally goes to the Divisional Court only if an error was made in the WSIAT’s interpretation of the law. Invictus Legal LLP can also represent you at the WSIAT. Because the WSIAT is more complex and involves a more detailed review of your case, you will probably need to get as much medical and other documentation in support of your claim early in the WSIAT appeals process. While new information can be admitted, there are time frames to do this. Also, WSIAT cannot hear any new claims or new issues at this stage, but will accept further arguments about the existing claims that have already been considered by the WSIB and the ARO level. Please call our office if you have any further questions. Our number is (905) 688-5598, or we can be emailed at ceo@legaladvocacy.ca.

Your Driving Privilege in Ontario

Wed, 28 Feb 2024 17:40:12 GMT

Rights Versus Privilege

As a practitioner, I often attend overcrowded Provincial Offences Courts, where individuals are often charged with driving offences. If you can get past the line-ups to the front, you can often speak to Prosecutor to arrange a deal. At the same time, Justices of the Peace explode into a tirade about how driving a motor vehicle is a privilege and not a right. Reviewing the dockets these days is an amazing test of stoicism. Dockets show one person after the other charged with “driving while under suspension”, among other related charges.

If you plead guilty to driving while under suspension, the Ministry of Transportation tacks on a further six months of suspension on your license. Defenses for this charge are limited, as this offence is considered a “strict liability” offence. That means in essence ‘you should known better’. In theory, all of this makes sense, but in reality this whole concept needs a rethink.

Non Driving As A Disability

I met dozens of individuals who have medical conditions that led to an administrative suspension of their licenses. If people think this only happens to older people, they are mistaken. Virtually all of those I worked with were under sixty five, one being a mere twenty-three years old. Once again, the Ministry enforces this idea about driving a vehicle being a “privilege”, they should understand what this means. Many of those seeking our representation for getting disability support are unable to drive. They have a better than average chance of qualifying for the Ontario Disability Support Program (ODSP) because of this. In many parts of Ontario, not being able to drive is a disability in itself. It can make you unemployable.

Awhile back, one adjudicator looked me in the eye and asked me to convince her of this, citing “plenty of transit service” in the area. I readily produced a large package of advertisements copied from newspaper, Internet or other job posting sites, where literally every job demanded candidates have G license and access to a vehicle. I then ask where this appellant is going to work if they cannot get their driver’s license. If one thinks the state should not provide for these people, think again.

Geography Versus Privilege

In Niagara (and many other places), those “privileged” to drive are the only ones that can obtain the benefits arising from it, such as a job, a decent income and sense of belonging. Employers have said that drivers are more reliable, with of course no data to back it up. I am told that people with no license likely lost it through drunk driving or criminal activity. The truth is most license suspensions are not due to drunk driving, but for unpaid fines and medical reasons. Many of my clients were not aware they were suspended because they did not get the letter in the mail. In an average community, including Niagara Region, thirty percent of its residents over the age of sixteen do not drive. In larger communities like the Toronto area, this figure is much higher. Others do not drive because they cannot afford to do so. There are few jobs available to those that cannot or do not drive.

Many candidates are screened out as a certain kind of “riff raff’, a long held belief about workers that do not drive. However, these are discriminatory requirements in place with almost every job, not just jobs where there is a bone fide reason to require a license. As a result, the majority of people with disabilities, students, older persons and low income persons are trapped into this legislated cycle of poverty, perpetuated by this accepted prejudice and legalized discrimination.

Marginalized in Their Communities

It is not just employment where non-drivers are discriminated against, but many are also left out of their communities. In order for a driver to remove their lens of “privilege”, they should leave their car at home for more than a month. While doing so, they should try to carry on their lives without driving. Day to day tasks can suddenly become daunting. The idea of transporting children to school, dropping them off at daycare (which may or may not be close by or at a bus stop), going to work and doing one’s job becomes a struggle. After work, reversing the route and picking up a few groceries for the evening’s meal becomes unthinkable without a vehicle. First, it is not likely that you will get home a reasonable hour, but you will likely be worn out as well. Such workers cannot even dream about going out again to take in a movie or work out at the gym or YMCA. Repeating this Kafkaesque routine everyday soon gets old, whereby one no longer wants to do as much.

Imagine If …

As a non driver, trying to do a grocery run on your way home is out of the question. You do not have the time, bus fare or flexibility in doing so. You will find you have to take up one of your precious weekend days to do this. For those without a vehicle, grocery shopping is a bigger chore than it is for those that drive. You can only go to the grocery store every week or two. Shopping at multiple locations is tricky, particularly without a trunk to store your earlier purchases in. Tough luck if there’s a special in the meat department at one store and a special on produce in the other. You can’t go to both. Drivers simply put the groceries from the first store in their trunk, then go on to the next one and be home in an hour or two.

Research has shown that non-drivers end up spending more money on the same products that drivers do, simply because of this limitation. Once you finish the groceries, you need to get them home. You only have two hands, so taking them on a bus might be impractical, especially if you live a long way from the grocery store. Many phone a cab. Cab companies, while charging an arm and a leg for their service, are not always reliable transportation. People who work shifts, take groceries home, or need transport for medical reasons, often find themselves waiting for quite some time for a cab. CT Scans, dialysis and other non-emergency medical trips are required on a 24-hour basis. It is not unheard of for people to wait at a hospital, a grocery store or elsewhere for two or more hours in some communities to get a ride home.

But It Costs So Much to Drive!

I often hear drivers complain about the cost of gas, insurance, maintenance and parking for their cars. However, it is more likely than not that they have secure, better paying employment that pays them enough to cover expenses. It is difficult for non-drivers to have empathy for drivers over expenses. It costs more on a per kilometer basis for cabs, private drivers, Uber and other private methods of transport. Public transport is sometimes available, but you are trading large amounts of time for the supposed savings. For these reasons, non drivers go to far fewer places than drivers do. In effect, our government, likely through the heavy influence of the auto industry, driving has become a necessity. This is not just for getting around, but for maintaining one’s dignity and belonging to one’s own community. It is difficult to develop an attachment to one’s community if they cannot get around in it. Most “free” community events are held on statutory holidays, where the transit service is limited or non existent. Non drivers don’t have the same ability to access the ‘informal markets’ that drivers do: garage sales, Kijiji or a swap service. Many consider if they are giving an item away for free, the person wanting it should pick it up. Paying for a delivery service can be prohibitive.

The community does not accommodate non drivers because they don’t have to. Non-drivers are a low hanging fruit that can easily be swept away with ignorance and disregard. However, it is more difficult for us to consider the very interests that want to force everybody to buy a car, despite thirty percent of the population not driving and eleven percent in zero car households. I have encountered many members of that eleven percent. Very few are gainfully employed and if so, they are substantially under employed. If they are young enough, they make plans to leave the region to go elsewhere, because they see others older than themselves stuck in their communities.

Privilege Versus Equity

If the Ministry of Transportation wants to maintain its right to decide who can and cannot drive, there needs to be meaningful, effective and reliable alternatives to those that cannot or do not drive. Everybody may not have the “right” to drive, but all should have a right to travel and get around their communities in a reasonable period of time. Employers should not be allowed to require candidates for employment to own a vehicle and drive. An exception would only be if the employer were seeking courier, cab drivers or the like. Employers that find it easy to overlook those that don’t drive should find a way to ensure everybody otherwise qualified for the jobs could work there. It should cost employers to deny access to jobs in this way. If they complain about it being ‘inconvenient’ to have their employee not able to hop in their cars and go wherever, they should pay for this. In other words, they should make it work. Put the onus on the company to ensure all of its staff can do the essential duties of the job. Municipalities should also enforce the human rights code and AODA if cab and private transportation companies want to keep their own licenses.

Graduated Driving As A Barrier

For some who have been non-drivers for a long while, the graduated system in place makes it difficult particularly for older learners. Younger people who still have access to their parents or older siblings have somebody that could accompany them for practice sessions for the G2 road test. Older people, particularly those that live alone, have less access to somebody like this. Exceptions should be made for those that have driven before or who are older than thirty. If the powers that be think that upgrading RELIABLE alternative transportation for communities costs too much, they need to re-think their policies. Costs are currently downloaded on those who are left behind, those determined by the Ministry not to drive, or those that choose not to drive. It costs money not to work, just as it costs a community to have too many people that cannot access jobs.

Technology Versus Marginalization

The issue about having or not having a driver’s licence may soon become moot. Over the past few years, successful test models of self-driving vehicles have been entering the community. Like Uber, Airbnb and Amazon Prime, this technology will disrupt our community’s current prejudices and way of life. Many people whose livelihood depends on being behind the wheel will soon find themselves marginalized. Those who weren’t able to drive will gain access to their communities. Topics of discussion will become more nuanced and varied, as opposed to the usual complaints about the price of gas, the latest head on vehicle crash or the latest model Ford is putting out. There will be no more communities where two-thirds of the businesses within either make cars, fix cars, paint cars, sell cars, lease cars or use cars to drive people or things around. We will all be forced to pursue other interests. Even some members of my profession that focus on Highway Traffic offences will have to re-think their vision of legal advocacy.

Statutory Accident Benefits: After the Accident

Wed, 28 Feb 2024 17:37:33 GMT

What Are Statutory Accident Benefits?

Statutory Accident Benefits (or SABS) provides “no fault” insurance coverage to accident victims after a motor vehicle accident. You do not have to be a driver of a motor vehicle to receive it. You can also be a passenger, a pedestrian or using public transit at the time. The benefits are set out to pay for medical, financial and certain other costs related to your injuries.

SABS is part of a mixed no fault/tort liability system, whereby SABS is the ‘no fault’ benefit. For those more seriously injured, there is the tort system. Under tort, an accident victim sues the other driver to augment SABS and to receive other “damages” in tort. In order to sue, you must meet what the courts call “threshold”, which is beyond the discussion here.

SABS benefits are paid for through your automobile insurance policy. If you do not drive or carry a policy of your own, you must use your spouse’s policy or the policy of the driver of the vehicle you were in. If you were a pedestrian and have no collateral coverage, the driver of the vehicle that hit you is the policy you claim against. If the ‘other driver’ is not insured, you must claim through the Motor Vehicle Accident Claims Fund.

Who Gets Statutory Accident Benefits?

Anybody who was involved in a motor vehicle collision can submit an OCF-3 (disability certificate) signed by a medical practitioner to make a claim. If somebody died, there is a death benefit available to the person’s direct dependents. To claim these benefits, one must contact their own insurance company (or as above stated, the insurance policy nearest you) to request an Accident Benefits Package within thirty (30) days of the accident.

Often, you will meet with a representative appointed by the insurance company shortly after you make your claim. They will take what is called a Statutory Declaration. You may wish to consult legal advice before making this statement. This is a full statement as to what happened, how the accident affected you, what losses you suffered, any witnesses and ongoing medical needs. The claimant then needs to make an election.

The election is more complicated since September 2010, where prior to one had the choice of electing to claim benefits as an Earner, a Non-Earner or a Caregiver. After September 2010, the designation was Earner and Non-Earner. If you are the insured person and you and you paid a special premium on your policy known as ‘optimal coverage’, you have greater entitlements. If you do not hold a policy of insurance and are a victim, you only get basic coverage.

What is Basic Coverage?

Advocates criticize the new SABS policy because it delivers fewer benefits and they are much harder to get. After a claim is made, if it is not obvious to the insurance company that you are more seriously injured, you will be placed in the Mild Injury Guideline (MIG). This category limits your claim to $3,500 in medical/rehabilitation benefits. At the time this was put into place, those diagnosed with a whiplash II (or WAD II category) or less were placed in this category. This is based on faulty assumptions that people in the MIG require less time to completely recover.

However, if you have prior medical conditions that can impact on your recovery time, you can provide this information and get removed from the MIG. This also applies if you can prove there are psychological damages. Moreover, those that do manage to leave the MIG are only entitled to a combined total of med/rehab benefits and attendant care up to a limit of $65,000. Prior to 2010, these limits were $100,000 and $35,000 respectively.

Housekeeping and Home Maintenance Benefits and Caregiver coverage have been slashed. They are only available to persons who are considered “catastrophic” or who purchased ‘optimal coverage’.

What is Income Replacement Benefits?

If you lost earnings due to your accident, there is a one week “deductible” or waiting period. If you lost more than a week’s earnings, you need to provide pay stubs, tax returns, among other documentation. You also need to submit an Employer’s Statement if you are employed. Basic coverage is 85% of up to $400 per week in coverage. If you purchased ‘optimal coverage’, this can extend to up to $1,000 per week. These benefits continue for up to 104 weeks, after which you must meet a stricter test of your inability to work.

If you were not working at the time of the accident, Non-Earner Benefits are available if you are unable to carry out your ‘normal activities’. This is defined as what you were able to do before the accident, when compared to after. These Benefits are harder to get these days than they have been prior to 2010, but there is a shorter wait period.

How Does Your Insurance Company Test Your Eligibility for Benefits?

Upon making an election, you may start to receive benefits right away. For medical/rehab benefits, you need to meet with a treatment provider and have them complete a “treatment plan” (OCF-18). However, sooner more often than later, your insurer will send you for what is called an Insurer’s Medical Examination. This is covered by the insurance company. Your costs may be covered in some cases. You are required to attend these examinations, or you can be cut off your insurance claim for non-compliance. You will be sent to a medical examiner who has not treated you in the past who will evaluate you for your claim. A report is then sent to your insurer and your insurance company then sends you a decision as to whether to continue to cover your benefit or to deny it.

In some cases, you may wish to request an IME to take you out of the MIG. The cost of this is included in your $3,500, so be careful if you wish to do this. You may also supplement this application with documentation from your own treating physicians.

What Happens if the Insurance Company Denies Benefits or Cuts Me Off?

If you are cut off of your medical/rehab benefits, income replacement benefits or any other benefit, you have the right to challenge the insurance company’s decision. This is brought through a tribunal called the License Appeals Tribunal (or the LAT). Prior to the recent changes, the Financial Services Commission of Ontario (or FSCO) handled these disputes. FSCO still handles claims brought the Motor Vehicle Accident Claims Fund. The LAT has its own rules of procedure for dealing with disputes for those disputing denials from insurance companies. The section of the LAT that deals with these claims is called the Automobile Accident Benefits Service (AABS).

If you plan on filing an appeal, it is best that you ensure that you made sufficient claims and/or treatment requests and have undergone treatment. The date of submission of your denied treatment plan must not be more than ten days of the insurance company’s denial. In order to be eligible to file an appeal, you must show a treatment plan (OCF-18) was submitted and then denied by the insurance company. Other costs, such as Housekeeping and Home Maintenance and Caregiver Benefits must be shown be incurred, meaning you paid for them or somebody has taken the economic hit to care for your children. It is also best if you have your own treatment providers back your claims and put these opinions in writing.

The appeals process for insurance disputes of this kind can be complicated, so it is best to seek competent legal advice from a lawyer or paralegal before proceeding. Invictus Legal LLP has somebody that can advise in these areas .

Evictions Under Bill 184: Are They Really Easier?

Wed, 28 Feb 2024 16:12:05 GMT

What is Bill 184?

Bill 184 is comprised of at least in part changes to the Residential Tenancies Act, the law governing relations between residential landlords and tenants in Ontario. Prior to the Bill’s passage, many tenant groups protested and warned us all that thousands of tenants will be evicted without a hearing. In fact, nothing much at that end has changed, other than allowing landlords and tenants to make private arrangements outside the Landlord and Tenant Board that can be enforced in the same way as if they attended mediation on Hearing Day.

Can a Tenant be Evicted Without a Hearing Under this New Law?

First, we need to discuss facts about the existing Act before Bill 184 came into place. As someone that has represented hundreds of parties before the Board over the years of its existence, the Act always had an option for what is called an ‘ex parte’ hearing. The Landlord and Tenant go to a Hearing but, before the hearing they sort out their issues with the help of a Mediator. After they arrive at an agreement, they attend before the Adjudicator and ask for a consent order. A Consent Order is what makes the agreement enforceable and less likely to be overturned on review.

In the Consent Order, for example, the Tenant promises to pay an extra amount over and above their regular rent to catch up on arrears. This is in exchange for the Landlord not evicting them. In effect, the parties are agreeing to a stay on the Tenant’s eviction as long as the Tenant keeps up with their end of the bargain. If the Tenant fails to pay what they promised or continues to be late with their rent, the Landlord has the option of using what was referred to as s. 78.

How Did S. 78 Work Before Bill 184 was Passed?

In the above scenario, the Landlord would then file an Application with the Board with a declaration that the Tenant failed to keep their end of the bargain. Many people called this being “a day late or a dollar short”. This Application would be filed with the Board and without a Hearing, an Adjudicator would sign an eviction order against the Tenant. The stay is lifted. A Tenant was always able to fight these orders, as they received the Order in the mail after it is granted.

The Tenant can fix this in a number of ways, including requesting that the Order be set aside and the stay remain in place. The Tenant can review the Order if they feel there was a serious error in granting it. On an issue of law, it can be appealed to the Divisional Court. Many tenants have used these strategies before Bill 184 and will continue to be able to use them afterwards.

What Changed Under Bill 184?

The Landlord and Tenant can continue to avail themselves of mediation services offered by the Board and continue to make private arrangements the way they always have. What Bill 184 does is allows the Landlord and Tenant to meet at the kitchen table and come up with their own repayment plan and submit it to the Board to make it an enforceable Order.

This repayment plan would be done after an N4 was served on the Tenant and failing to pay up the arrears, the Landlord files an L1. Often an eviction hearing is looming. So, instead of going to the Hearing that is scheduled, this gives the parties a chance to sort it out themselves without the involvement of the mediator at the Board. The Board would issue an Order based on this repayment agreement. If that repayment agreement is breached, the Landlord then has the same option they always had under s. 78.

There is nothing in Bill 184 that prevents the Tenant from using the tools already in place to set aside the ex parte order or to review it. This is just a way to shorten some of the line ups at the Landlord and Tenant Board, as our experience has proven that many parties do work these things out themselves.

Tenants – A New Eviction Trick by Some Landlords

Wed, 28 Feb 2024 16:10:09 GMT

Landlord and Tenant Disputes

Our office receives calls from Tenants who are bewildered after getting an eviction notice when they never got a Hearing at the Landlord and Tenant Board. They ask me if it is legal to do this. My answer to this as always, is “it depends”.

I will often ask the Tenant if anything had taken place between them and the Landlord recently. Was there a Board appearance, a mediation, or did they sign an agreement to terminate (N11)? We have been told by Tenants that their Landlords put them to duress to sign a form to say they will move by a particular date. Many Tenants are not aware of what these Forms are. When I ask them if they signed any forms, they often say, “Yes, I did. Did I do something wrong?”.

No. As a Tenant, you did nothing wrong. You probably did not know what you were signing. Many Tenants have not planned to move from their rental units before their Landlords came in to get them to sign. One concern is if the Tenant does not in fact leave by the date set in the form, they can be evicted. There will be no Hearing. There will be no opportunity to present their side of the story to the Board.

What is an N11? Do I have to sign one if my Landlord asks?

An N11 Form is an Agreement to Terminate a Tenancy. This Form is useful with the new Standard Lease that is in place, especially when something unexpected happens. A new job in a different City. An acceptance to a university in a different province. A Tenant gets married and wants to move in with their new spouse. This Form is intended to give Tenants and Landlords an option to “break” a lease and allow the Tenant to move on.

Landlords are not supposed to use these Forms to address “buyer’s remorse” over a Tenant they rent to. Many Landlords might want to jack up the rent. They may want to move a friend or other family member in. Or they may simply want a way around creating vacant possession in order to sell their home.

As a Tenant, you do not have to sign ANYTHING your landlord gives you. If you are on a fixed term lease, you do not have to move. Your Landlord cannot accuse you of anything solely on the basis that you did not sign the N11. You cannot get evicted because of this.

Why is this Becoming an Issue?

Under the previous government’s Rental Fairness Act, S.O. 2017, it is more difficult for Landlords to use old tricks to get tenants to leave. If a Landlord wants to move themselves or family into the unit, they have to actually move into the unit and to stay at least a year. They must also pay the vacating Tenant a month’s rent in compensation. Prior to these changes, Landlords can just serve an N12, wait until the Tenant leaves and then simply double or triple the rent.

Similarly, Landlords have done “renovictions”, which include serving an N13, with 120 days’ notice. Once the Tenant leaves, a fresh coat of paint is added and then the Landlord jacks the rent up. Both of these tricks still take place, but Landlords know tenants are becoming wise to them. Today, an N13 must be work that involves a city permit and to a larger extent, cannot be completed while a Tenant is residing in the unit. There are rights to compensation and to reclaim the refurbished unit (at the same rent) after completion in many cases.

How Can I Protect My Tenancy?

Many Tenants live in low cost rental units that were obtained quite some time back when rents were cheaper and housing easier to find. As long as you remain a Tenant in your current unit, with some exceptions, your rent cannot be raised above the annual guidelines. The Rental Fairness Act, S. O. 2017 also extended rent controls to tenanted units that were built or used for residential tenancies to the present day. Prior to this change, any rental unit built or used as a rental unit for the first time after 1991, was not subject to rent control.

Our new government has turned some of that around in November 2018. Any new rental units built or used as rental units after November 2018 will not be rent controlled. If you are in a rent-controlled unit, stay where you are. If you recently moved into a rental unit, you must have a Standard Lease and your tenancy is protected for the term of the lease.

Finally, if your Landlord suddenly asks you to sign something … anything … do NOT sign it. If you are unsure of what it is, take the document to a legal professional to advise you about your options. If you already signed something or received an eviction notice in the mail, it is even more important for you to contact our office to help you fight to continue your tenancy.

Pros and Cons of Becoming a Landlord in Ontario

Wed, 28 Feb 2024 16:06:52 GMT

Landlording as a Business

Many prospective investors have asked Invictus Legal if it was worth their while becoming a Landlord.

They read the horror stories in the newspapers about tenants that overstay their ‘visit’ for months at a time. These tenants squat while their landlords continue to pay the bills. They read about tenants that have left their newly renovated properties in such a wreck that one wonders how they can find good tenants that would care for their property as they have done.

Prospective landlords also want to know how much to ask for in rent, as they do not want to overcharge or lose money. Asking for too little over the long term might seem worth it to attract tenants, but over time expenses might absorb most or all of it. Asking too much might not attract many tenants, or it might put one at risk of tenants falling behind in payments. Striking that fine balance is a business decision all landlords have to make. It is important to know that most tenants are decent people who will treat your property with care and pay their rent on time.

It is often only the ‘bad apples’ that we hear about when the media puts a spotlight on this issue. Outside of credit checks and direct references, there are many ways a landlord can protect themselves, at least at the first level from nightmare tenants.

Red Flags

There are a number of red flags prospective landlords should look for when selecting tenants. A ‘red flag’ is a sign that something is not as it should be, meaning perhaps this prospective tenant might not be your best choice . Some of the ‘red flags’ are:

A prospective tenant approaches you in the middle of the month and tries to hand over a large amount of cash. Quite often, this is a sign that somebody else evicted them using the shortcut of paying them off to move from their former premises.
The tenant claims to be ‘self-employed’, but does not appear to have visible signs of income or business ownership. Even home-based businesses usually have an outgoing message on their phone introducing themselves. If you contact them and they do not state their business name, you should wonder. Also, ask for a business card.
References provided appear to be too enthusiastic in recommending the tenant. Do they just want to get rid of them?
An employer reference’s telephone number is ‘out of service’.
Your prospective tenant claims to have ‘handyman skills’ that they are willing to help you with in your rental properties. While it is tempting to have a built-in handy person, many times their ‘work’ becomes subject of a dispute.

How to Protect Yourself

As a prospective landlord, you need to take steps with every applicant to ensure you are not going to get duped. First, it might be helpful to ask for a copy of your prospect’s photo identification. This is not only to ensure that the person in front of you is who they claim to be, but the address on the identification should be noted. If your prospect has not provided you with a reference for that address, you can check the tax register at city hall. This can get the name and contact information for the landlord for that address.

Google your prospective tenant’s name, as well as check any Facebook or Instagram accounts. See if your prospective tenant is saying things online that might concern you, particularly if they might have referred to an employer or former landlord in negative terms. Compare any employment or educational information with what they provide you.

Take note of any license plates, as well as makes and models of any vehicles your prospective tenant might have drove in to come see you. This information would be useful in the event you need to find them after they trash your place in the future or make a midnight move.

Get a credit check from strong prospects. If your prospective tenant does not wish to complete the credit/application process, you do not have to offer them the rental unit.

Ensure Legal Advice is Available

The life of a landlord can take many twists and turns. However, you need to remember that first off, being a landlord is a business. That means you have to treat your landlording services as you would in any other business. Disputes do arise from time to time and when this happens, you want to ensure you have access to the best legal advice you can get.

Invictus Legal LPP provides legal services to landlords to help them protect their investment and enjoy their properties. If you have any questions, do not hesitate to give us a call .

Avoid Costly Errors at Your Next Eviction Hearing

Wed, 28 Feb 2024 16:03:45 GMT

What Often Happens at Hearings

I sit as an observer at the Landlord and Tenant Board. I often do this when waiting for one of our firm’s cases.

Today’s hearing blocks were for matters of arrears of rent. On rent arrears days, landlords often try to do ‘self-help’. That is, I see many of them struggle, getting frustrated with the process and hurriedly filling out forms. Despite their best efforts, the hearing officer often turns them away. Many things can go wrong in an application process. When this happens, a landlord can be denied their eviction and lose even more money.

Most adjudicators are well meaning and attempt to ensure that parties before them get heard. Today, the adjudicator at the Board spent most of his time explaining to the landlords what they did wrong. He advised them how to correct it and why it is necessary to do things in a certain way. I found him to be kind and gentle in his approach, although those appearing before him likely felt on edge. His main point is that some errors can be fatal.

Common Fatal Errors in Your Eviction Application

Your Initial Notice to the Tenant is the Most Vital Step in Your Case

Errors can occur in different stages of the eviction process:

First, there is the original notice. The notice is the most important part of your eviction process. It is important that your notice to your tenant be filled out correctly. Many landlords want to retain us to represent them at the hearing, but upon reviewing their notices, I immediately see a problem. The math is added incorrectly. Allegations are poorly spelled out and are not specific enough to meet the requirements of Ball v Metro Capital . Specific infractions of the Residential Tenancies Act are not identified. It is not enough to know what box to check off, but why.

Using the Correct Termination Date

Second, the timing may be wrong. It makes a difference for the termination date, depending on how the notice is delivered to the tenant. Even one less day than required, the notice can be void. The law allows you to file an application with the Board after a certain number of days. However, if the tenant stopped doing the offending act or paid all of their rent by the termination date in the notice, you cannot apply to the Board. Many landlords have experienced this, but still want to evict their tenants anyways. They often ask me if there are other ways to do this. Sadly, no (unless the rent falls again into arrears or the tenant’s offending behaviour starts again ).

Do Not Try to Use the N12 or N13 Unless You Really Mean It

Third, the notice may be in bad faith. Are you really going to move into that rental unit, or move a family member there? You may be aware there has been a crackdown of sorts on issuing N12 notices for personal use. If you tell your tenant you are going to be moving in, you better be doing so, or there can be heavy penalties including a fine from the Board. Seek legal advice if this becomes an issue in your case. It is important to do this right, so if this is in your plans, your legal advisor can ensure you will be able to do this.

Know When and How to Fill Out the Application

Fourth, mistakes can be made in the application. If you are claiming arrears, there has to be clear connection between the amount stated on the notice and the amount on the application. Don’t worry if your hearing is scheduled for the following month. You can update the Board at the time you appear before them. A common error is that landlords forget to bring a completed L1/L9 Update Form to the Hearing, or they complete them wrong. This form is an important part of your evidence and your eviction will not be carried out without a properly completed form.

Fifth, if you are granted an eviction and your tenant has not moved out, you can only enforce it through employing the Sheriff at your local courthouse. At this point, we cannot use private bailiffs for residential evictions. The Sheriff’s office will give you a time and date when he/she will be at the property to carry out the eviction. You are advised to bring a locksmith and to secure the premises after the tenants are led out of the unit.

The Importance of Seeking Legal Advice

Because of the large numbers of landlords attempting to appear before the Board on their own, and having their evictions denied, it is important that they seek legal help. The Board may appear to be easy to navigate on your own, but many have found issues along the way. Invictus Legal LLP has an active team of paralegals that can guide you through the process to ensure you maintain full control of your property and minimize your losses.

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The Standard Lease for Landlord and Tenants in Ontario

Wed, 28 Feb 2024 15:53:01 GMT

The Standard Residential Lease 2018 and Section 15, Additional Terms and How the Standard Lease came to be….

The New Standard Lease, a solution in search of a problem, came into being April 30, 2018. For most folk in the industry, Landlords and Tenants alike, this was not an issue. It wasn’t a pressing issue, it just wasn’t an issue at all. Industry players and pundits alike were take aback by the introduction of a new industry wide lease. That is because any lease or tenancy is, and was, subject to the Residential Tenancies Act (hereinafter referred to as “the RTA”) and the rules therein. In practical terms, every tenancy within the RTA was subject to the same rules, regardless of the language in the individual lease agreements. The RTA is the one ring that rules them all.

So why a new lease? Are there any benefits to this new lease? Doesn’t it resolve issues that weren’t previously addressed? And, most importantly, how can Landlords and Tenants use it to assist themselves?

In a political scramble to accomplish its legislative agenda, the Liberal government of the day made multiple changes to the RTA amid much fanfare. The RTA faced substantial changes in apparent response to media attention on rental issues, with Toronto facing low vacancies and soaring rents.

An old exemption on rent controls for new construction, brought about in 1991 for five years and later, extended indefinitely, found itself getting front page news coverage, with renters facing huge year over year rent increases. And a series of articles appeared to be showing economically disadvantaged tenants in horrific situations being pursued for “Rent” after being evicted. There was political hay to be made and legislation was quickly enacted.

Ironically, the original exemption from rent control for post 1991 construction was to encourage new construction and provide more rental properties to ease the vacancy rate. Fast forward to 2017 and the policy is withdrawn due to the issues it created. Will the removal of the exemption for new construction further restrict the rental supply? Was it a failed policy that will have no impact? Did the surging population alter the landscape beyond the ability of the any legislation tweaking to correct? And does it matter?

The Rental Fairness Act came into being and after April 17, 2018, the exemption was removed. Additional changes addressed the issue of pursuing tenants for “rent” after termination. And in what was likely a planned industry change, the new Standard Lease came into being.

How the Standard Lease does help Landlords and Tenants

It’s not all political gamesmanship. A standard lease, and in particular, this Standard Lease, seeks to educate all the parties and make the relationship between Tenants and Landlords more professional and less acrimonious. Knowledge of the rules, at the onset of a tenancy, can only assist in having those rules followed. Like colouring, if both parties to the lease stay within the lines, the end result is likely to be more pleasing.

So, what are the elements of the new Standard Lease and who is exempt?

A good starting point is to assume that the Standard Lease applies to your situation, with the following exemptions: Care Homes, Mobile Home sites, Land Lease communities, member units in Co-ops, Social and Supportive Housing and other exemptions as set out in Section 5 of the RTA. Most residential tenancies will require the Standard Lease.

Who’s responsible to provide the Standard Lease? The Landlord must provide the executed Standard Lease. If a Landlord fails to do so, a Tenant may request same and the Landlord must provide same within 21 days. What happens if a Landlord doesn’t provide same? Well, initially, the Tenant can withhold one months rent, and if the Landlord doesn’t provide the executed Standard Lease within 30 days, the Tenant gets to keep that money. So, essentially, Landlords deliver the lease in a timely fashion or…. And there are other penalties involved for the Landlord. In essence, as a Landlord the message is clear. Thou shalt provide thine Tenants with a Standard Lease or thou shall feel the wrath of the LTB and that wrath shall attach itself very firmly to your pocketbook. Take a moment to consider the underlying business relationship between Landlord and Tenants, it is a business relationship with the terms set out in writing to help both sides.

Ontario Standard Lease

The Standard Lease is available here , at the government website. Simply cut and paste the address into your web browser….and click on the download. It also has a link to a free adobe download if you need it.

Simply by filling in the blanks, it will assist both parties in considering many of the issues in a tenancy that no one considers in the first blush of the new relationship. In that initial warm glow, the apartment is perfect, the Landlord and the Tenant are most agreeable and eager to establish a solid, functioning relationship. Now is the time to consider the nuts and bolts of the actual business relationship between the parties while there is goodwill and good communications.

The form itself deals with many of the standard issues, like parking, utilities, contact information, rent deposits, key deposits and, even Tenant Insurance. Some issues are partly addressed, such as smoking and changes to the rental unit with specific reference to the possible addition of additional terms under section 15. Other issues, such as the use of Marijuana, either recreational or medical, the growing of marijuana on the premises, permitted use of unit (such as in residential purposes only), cleanliness, the use of written work orders in maintenance requests, reporting of additional occupants, reporting of pets on premises, appliances included and not included, Laundry rules, etc. are not addressed at all.

The parties to the Standard Lease are optimistic and looking for a solid business relationship at the commencement of the Lease. The Landlord and the Tenant both have a vested interest in maintaining this relationship. One way to ensure this happens is to have a clear understanding of what the relationship should look like.

When a new tenancy commences and the Standard Lease is introduced, perhaps the KEY section to a successful tenancy for both parties is Section 15, additional terms. While the bloom is on the roses, so to speak, the Section 15 Additional Terms can set the tone for a solid, respectful working relationship between the parties.

As an additional resource, we have put together some sample “additional terms” that can be utilized in new tenancies. The use of these Sample Additional Terms does not constitute legal advice, nor is there any guarantee, implicit or implied, in the legality of the clauses provided.

Navigating the Complexities of Landlord and Tenant Law in the Times of Pandemic

Wed, 28 Feb 2024 15:43:50 GMT

Introduction

The Province of Ontario called a state of emergency on March 16, 2020. A staged lock-down of the Province’s normal activities of business was called to contain the COVID-19 virus. Among other tribunals, the Landlord and Tenant Board closed its doors to many of its services. However, the Board still conducts telephone hearings and accepts new Applications.

The enforcement of evictions through the Sheriff is suspended. The activities of the Board appear to be ground to a halt.

How This Impacts Landlords

As soon as the pandemic began and our economy began to shut down, many tenants across Ontario lost their jobs. It was evident that many would be unable to pay their rent in April 2020. A tenant movement across the province encouraged people to “keep their rent”, while our economy shut down. Many small landlords have called our office for help.

What is Available During the Board’s Shutdown?

Just because the Board is shut down, it does not mean that rent is no longer owed and payable. If you have a Tenant who stops paying rent at any time, before or after April 1, 2020, you can issue an N4. In fact, we recommend that Landlords continue to issue Notices as required when Tenants test their limits. At the same time, if non-payments only began after the pandemic , it might be a good idea to invite your Tenant to discuss the rent with you.

This is a time that you may wish to give your Tenant a break by either deferring all or part of the rent and allowing them to make it up later. If you choose to do this, ask the Tenant how they have been impacted by the virus and make a temporary agreement. We recommend that any agreement made be reduced to writing. The reason for this is to avoid any misunderstandings when the pandemic lifts.

What if My Tenant Refuses to Cooperate or is Causing Problems?

If an Agreement is made and your Tenant continues to fail to pay, you can still file an L1 Application. Even without Hearings scheduled, this protects your place in line for when the Board re-opens. Sooner or later, a date will be set. This also will show your Tenant that you are serious about collecting the monies owed.

If your Tenant is interfering with somebody’s rights or creating safety issues, you need to document this conduct. It is very important to gather information about dates, times, witnesses and how the Tenant or Tenants interfered. Notices on issues outside of rent arrears can be complex. This is where you might wish to consult with us to assist you in drafting these Notices to ensure they are clear and effective.

What Happens if There is a Safety or Legal Issue at the Rental Unit?

Many Landlords fear that Tenants might see a suspension on evictions as an invitation to test their limits. In some cases, Tenants conduct themselves in a way as to bring harm or safety issues to others in residential complex or the Landlord. Others may persist or escalate their conduct to such an extent that Police get involved and others are put into a vulnerable position.

Fortunately, the Board has a process where either a new or an existing Application can be processed for an Urgent Hearing . The Board created forms that can be used in these exceptional circumstances, particularly when an eviction can’t wait. Ask your legal representatives at Invictus Legal LLP if your case might fit.

Is There Anything I Can Do Until the Pandemic is Over?

Notices can be issued and served. Applications can be filed under any category. Mediation in certain cases can be arranged by telephone between the Parties and a Hearings Officer at the Board. Our office can assist you in all of these issues.

Please note that in person client meetings are limited at this point, but our office is equipped to meet by phone, email or even video in some cases to assist clients in getting their questions answered and work done. Feel free to call us or send an email to us to see if we can help you with your matter.

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My Contractor Ruined my House

Contractor Problems

Project Abandonment and Financial Fraud

Delays and Poor Management

Defective Workmanship and Code Violations

Contract or Legal Disputes?

Above Guideline Rent Increases (AGI)

Above Guideline Rent Increases (AGI) in Ontario

What is an AGI?

Guideline Rent Increases

AGIs require an application to the Board

The increase must obey statutory rules

What are major capital expenditures?

How AGIs typically work in practice

Bottom line

Defending Summary Conviction Offences

Summary offences are offences prosecuted under the Criminal Code, but considered less serious than indictable offences.

What Are Summary Conviction Offences?

�� Maximum: 2 Years Less a Day (Highest Summary Penalty)

General Rule

�� Maximum: 18 Months

Examples

�� Maximum: 12 Months

Examples

�� Maximum: 6 Months

Examples

�� Maximum: Fine Only (Often $5,000 or Less)

Examples

�� Absolute / Strict Liability Regulatory Offences (Non-Code Federal Statutes)

Disobeying Road Signs in Ontario

What Drivers Need to Know

The Legal Framework

Common Road Sign Offences

1. Failing to Stop at a Stop Sign

2. Ignoring a Yield Sign

3. Disobeying “No Turn” Signs

4. Entering a “Do Not Enter” Zone

5. Speeding (Disobeying Speed Limit Signs)

Penalties and Consequences

Defences and Legal Considerations

1. Improper or Missing Signage

2. Necessity or Emergency

3. Lack of Evidence

4. Charter Considerations

Automated Enforcement

Practical Tips for Drivers

Conclusion

Where Invictus Legal Operates

Places where Invictus Legal LLP can assist with your legal challenges

Defending speeding tickets

Defending tickets is about more than simply avoiding a fine

Defamation, Libel and Slander

Words written and spoken can Damage Reputation

Defences to Defamation ﻿

Truth, or Justification

Fair Comment

Qualified Privilege

Absolute Privilege

Responsible Communication

Online Damage to Reputation

Cyberstalking, Defamation, Harassment, and Fraud

1. Tools Used ﻿

2. Technical skill required

3. Traceability and anonymity

Spotting fake or malicious reviews or Reviewers

What to do if You Are a Victim?

Understanding ODSP Eligibility

Eligibility criteria for Ontario Disability Support Program (ODSP)

Other Benefits

Why do I need to Pay for a Consultation?

Invictus Legal LLP charges $113.00 for a 30 minute consultation, including HST.

How does a consultation work?

What about a Free Consultation?

A consultation is an Investment in your case

Tenants' Rights: Pest Control and Maintenance

Why Tenants must notify ﻿ landlords about pest problems to ensure timely intervention.

Criminal Charges Before the Ontario Court of Justice

Professional Tribunals

Choosing the Advocate that is Right for You

Defences to Defamation

1. Tools Used

Why Tenants must notify landlords about pest problems to ensure timely intervention.