Please note that as of March 23, 2020, Chiarelli Cramer Witteveen LLP has moved two doors down to 102 Centrepointe Drive, Nepean, ON K2G 6B1.
From Our Blog
Rash Relocation? – Changes to the Divorce Act regarding the Relocation of Children
On March 1, 2021, the new Divorce Act “the Act” came into effect in Canada, instituting numerous changes to various aspects of the federal divorce and family law regime. While for many family law participants, the most notable of these changes has been the shift in terminology from “custody” and “access” to “decision-making” and “parenting-time”, another major change under the new legislation relates to relocation; specifically, the imposition of notice requirements, and the “best interests of the child” burden placed upon the party seeking to relocate.
Bail: What is it, and How is COVID-19 Affecting Procedures and People?
In response to COVID-19, governments across Canada are implementing changes that include stay-at-home orders, mandatory mask-wearing, and physical distancing measures. The Courts have also been forced to respond to the challenges posed by the pandemic, which have impacted the Criminal Justice System.
One of the realities Courts must evaluate is the process of determining bail during COVID-19. As a result of the increased COVID-19 case counts and outbreaks, Courts have altered their pre-trial custody procedures.
“Pardon Me?” An Overview of Records Suspensions in Canada
In Canada, when an individual is convicted of a criminal offence1, they obtain a criminal record, which is retained for the remainder of their life. For individuals who have successfully completed their sentences, the continued existence of a criminal record can present challenges to obtaining employment, traveling, and/or reintegrating into society. Fortunately, some convicted persons are eligible to apply for a records suspension, which effectively removes their criminal record.
To be (testate) or not to be: An overview of Will validity in Ontario
The emergence of the global coronavirus (COVID) pandemic has created an atmosphere of uncertainty and ambivalence about the future. For many Ontarians, COVID has forced them to turn their minds to estate planning for the first time, and has prompted questions about the need for a Will, how to make one, and how assets and gifts can be properly conveyed. In Ontario, Wills and the law of succession are covered under the Succession Law Reform Act (SLRA). This Act sets out the specific requirements to which testamentary documents must conform in order to be valid. Where a testamentary document does not meet the requirements under the SLRA, it can cause devastating consequences for your loved ones after your death.
Family Law Restraining Orders v. Criminal Peace Bonds
The topic of restraining orders and how they are obtained is a largely complex legal subject. While many Canadians believe restraining orders to be straightforward and universally available, the truth of the matter is quite different. In Ontario, there are two forms of restraintrelated relief that can be sought by an individual: the family law restraining order and the criminal peace bond. As there are very different requirements and processes for obtaining relief under each process, it is vital that the Applicant understand when each process is available, what the process entails, and the implications of such relief.
Circumstances of Committal: An Overview of Detention under the Mental Health Act
Often times when we think about the intersections of mental health and the law, we think about how individuals with mental health concerns interact with the Criminal Justice System. In reality, the interaction between mental health and the law extends beyond the criminal sphere to govern committals of vulnerable persons to mental health facilities.