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The Canadian Criminal Code sets forth a number of offences concerning the possession and use of weapons in Canada. Certain weapons, such as firearms, are strictly controlled and individuals who illegally possess or use these weapons face punishments including fines, firearms prohibitions and potentially lengthy prison terms. If you are in possession of a weapon that you are uncertain is lawful to possess or have been charged with a weapons offence you should consult with a criminal lawyer immediately. A legal consultation is available from Donnell Law Group, criminal lawyers serving Barrie, Newmarket and Toronto.

A DUI is one of the most common criminal charges laid by police across Canada. Consequences for DUI’s includes fines, loss of driving privileges, a criminal record that may impact employment and travel possibilities and can include prison time for repeat offenders or serious cases. If you have been charged with a DUI, it is important to speak with an experienced criminal defence lawyer as soon as possible to discuss your legal options.

We have all seen horror stories in the media where the person holding the Power of Attorney (POA) for Property: sells your house or cottage—and without authorization other than a Power of Attorney; cashes in your investment portfolio; diverts your pension cheques; steals from your cash accounts; or even buys a new car with your money.

The “passing of accounts” is a legal term used to describe a process which requires the approval of a judge to the accounts of an estate. Whether you are a trustee, an executor, or a beneficiary, you may have standing to compel a passing of accounts if you have a financial interest in a particular estate.

Undue influence is an act of persuasion that compels a weak or vulnerable individual to make a decision that he or she may not have otherwise made. The person who influences the defenseless individual generally does so to manipulate the circumstances in his or her favour. One example would be a caregiver who exercises influence over an elderly person to gain money or other material possessions.

Someone close to you has passed away and you are named as a beneficiary in the Will; you are entitled to receive all or part of their estate. An executor is the person whom the deceased appointed to settle his or her estate upon death, distributing entitlements, paying debts, and filing their last income tax return.

Ordinarily, where a Will is in writing, validly executed, and unambiguous, the court will not find reason to vary or change it. However, even where a Will appears clear and unambiguous, there are certain situations where fairness will require a court to make an order requiring certain persons to be paid out of the estate who may not be provided for in the Will. Further, a Will that appears clear and unambiguous may still be found to be invalid for a variety of reasons. 

When a person passes on, it is unfortunately common that issues arise with respect to their Will, for example, its validity, and whether the executor is carrying out its administration properly. There are many ways in which a dispute may arise, our experienced lawyers are here to help you navigate your legal situations in Toronto and throughout York Region with the professional counsel you’ll need:

Adoption is a wonderful way to expand your family and help children find a safe sanctuary to call home. Whether you can’t have children due to infertility issues or you have children and you want to offer up your home as a place of love and stability for others, adoption is often the answer.

If you are owed a debt, it is important that you understand your rights and responsibilities regarding how to properly collect what you are owed. The legislation governing debt collection contains complex stipulations about the requirements for different types of debt, legal collection efforts by creditors, consumer/debtor rights, and the relevant limitation periods.

If you are found guilty of a criminal offence in Ontario, you may request that a higher court review what happened at your trial. This review process, called an appeal, can be launched against either the conviction itself or the sentence that was imposed. It is important that you know your rights and responsibilities in the appeal process related to offence(s) convicted of. It is recommended that you seek professional legal advice from a criminal law firm to help navigate you through this highly regulated process.

Criminal law disallows harmful or undesirable conduct, and it sets out the process involved in responding to crime. Criminal Code offences include assault, impaired driving (including driving under the influence or DUI), break and enter, robbery, uttering threats and failure to comply with bail and/or probation and, in each situation, you have a right to counsel.

Frequently Asked Questions:

Q: My partner and I are separating, will I have to pay spousal support?

A: The first determination that must be made is whether your partner is entitled to Spousal Support. If a couple are legally married, then an Application for Divorce and Spousal Support can be brought under the Divorce Act.  Under the Family Law Act, a non-married couple may be entitled to Spousal Support if they cohabited continuously in a conjugal relationship for at least 3 years, or if they are in a relationship of some permanence and are the parents of a child.

The ruling in the 2014 case Attorney General v. Johnstone kicked off a national debate over reasonable accommodation for employees with childcare obligations. Fiona Johnstone was working at the Canada Border Services Agency when they refused to grant her request for a work schedule that would allow her to provide adequate childcare to her two young children. The case resulted in significant changes to Canadian labour laws and employers across the country now have a legal duty to accommodate the familial obligations of working parents. Keep reading to find out more. 

The Children’s Aid Society (CAS) has been in the news lately due to revelations during a coroner’s inquest into the death of a seven-year-old Toronto girl, Katelynn Sampson (Katelynn). The Toronto CAS’ chief operating officer testified during the inquest that CAS failed to intervene in Katelynn’s situation in time to prevent her death. It was only after police advised the CAS of Katelynn’s death that they learned that both guardians who were awarded custody of Katelynn had a history of abuse and a criminal record. 

While these stories often make the front page of the papers, there are many other cases of wholly or partially unfounded allegations that forever impact the life of a family.

For most Canadians, having a will is still not the norm. According to a survey by LawPro, the majority of Canadian adults (56 percent) do not have a signed will. The most frequently sited reason for not having a will is not knowing how to get started or believing it is unaffordable, which is not true.

An American teenager made headlines around the world when he suffered from a soccer related accident that caused a serious brain injury. A novel side effect was when the young man regain consciousness, the unilingual English speaker was suddenly fluent in Spanish.

Sadly, many family members face serious mental capacity issues as a result of injury, illness or old age and that render the individual unable to make important life decisions for himself or herself. For their family members, it is hard to know where to turn for help.

In some cases, a valid designated power of attorney gives authority to another person to take over decision-making for the mentally incapacitated individual. This blog post will address what to do when there is no valid power or attorney in place. 

A Calgary police officer made headlines across Canada when it was reported that he had unlawfully purchased a shotgun without a possession and acquisition license and the gun was not stored in his home in a safe manner. The gun was discovered during a domestic incident that involved the accused officer. No charges were laid with respect to the domestic incident, but the incident led to the discovery of the shotgun for which charges were laid.

Types of Illegal Possession Offences

Illegal possession of a firearm is a common charge that often occurs at the same time as other charges, such as: the careless storage or use or handling of a firearm, pointing a firearm, possession of a restricted weapon with ammunition, etc.

Divorce is a difficult transition for every member of the family. If you have kids, divorce can be even more painful. Now that you've decided it's better for you and your spouse to be apart, you have to work with him or her to maintain stability for your children's sake.

In Canada, parents are legally responsible for supporting their children through age 19. This means making the day-to-day decisions about raising children, including education, supervision, physical care, emotional well-being and other matters.

Divorce can be devastating. Not only might you miss your former partner and the life you had, but you may also feel anger, resentment, guilt or confusion. You may have even lost hope that you can have a happy future.

We’ve seen terrifying—and sometimes humorous—movies about identity theft. Someone steals the financial, insurance, or citizenship records of another person and assumes their identity, making purchases in their name and often ruins the victim’s life. You don’t want this to happen to you, and you certainly don’t want it to happen to anyone you love, so you defend your information carefully.

Some people never want to marry, but that doesn’t mean they don’t want to commit themselves to a monogamous, lasting relationship. If you don’t want to marry your significant other, you are not alone.

We’ve noticed that there’s a negative stigma surrounding creating wills. No one likes to think about death, but the alternative is even worse for your loved ones and family. You should be the one who decides where your assets and resources go after your death. If you die in Canada without a will, the state will decide who gets what, and your assets won’t always go to your spouse.

We depend upon the law to maintain order in our disorderly lives. But did you know there are some crazy laws still in effect in Canada today? We were laughing as we researched these zany Canadian laws you never knew existed (maybe you will, too).

If you’ve been asked to administer the estate for one or both of your deceased parents, you’re probably a little nervous. After all, Hollywood has painted the situation as one swimming in hostility and jealousy. You’re already upset because you’ve lost your parents, and you don’t want to make the situation worse by upsetting your family members and friends when you administer the will.

If you were asked to cut a birthday cake into pieces that were exactly three square inches, without using a ruler, could you do it? Without using a scale, could you make up a five-pound bag of potatoes? Could you pour a quarter cup of milk for a recipe using a normal drinking glass? Probably not.