Small Claims Proceedings During The Pandemic

Posted by on May 4, 2021 in Blog | 0 comments

Small Claims Proceedings During The Pandemic

Effective April 12, 2021 the Ministry of Attorney General issued Consolidated Notice to the Profession and Public regarding the Small Claim court. The Small Claims Court will stop using request forms under this notice. Hearings can be requested using the processes explained in this Notice. The processes for requesting urgent matters have changed. New regulation set up a remove hearing For new potential litigants it is recommended to retain services of the professional. Professional service of Paralegal are very important to start your small claim matter in the Superior Court of Justice. Parties are encouraged to use the Small Claims Court E-Filing Service portal or the Small Claims Court Submissions Online portal to file forms and documents online without going to court. Since the suspension of sittings of the Ontario Small Claims Court in March 2020 due to the COVID-19 pandemic, the Court has progressively expanded the matters that it will hear remotely. The Small Claims Court will continue to monitor the situation and, as possible, will further expand the types of matters and hearings that will be heard during these extraordinary times. Please note that hearings will only be scheduled if a request for a hearing is submitted in accordance with the instructions below. For more information, please visit link https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/suspension-small-claims-ops Remote Hearing Platform is not set up by Zoom. To request an urgent hearing, you must obtain a date for the hearing from court staff. To do this, please contact the email address for the Small Claims Court location where the action is based. Your email must comply with new requirements. If you mater was already before the court, and defendant already served and file his/her defense, next step on your proceedings will be settlement conference. You do NOT need to take any further steps to move your matter forward until court staff will contact you or your legal representative. During the time of pandemic, it is authorized to sign the documents electronically by DocuSign or any through any other platform. Our office if fully equipped to serve our current and new client remotely. PREPARATION OF DOCUMENTS. For new potential litigants it is very important to know what all documents related to your case (Statement of claim, Affidavit, etc.) shall NOT exceed 10MB. If you submit to the Court your extensive volume of documents, you may be punished by the Court: the Judge may not read all your documents and, in addition, the Judge can order you to pay legal costs for non-compliance with current requirements. It means that only Paralegal, your Legal Representative, will be able to draft your statement of claim in proper format to meet new requirements and ensure success of your case at the early stages of your small claim court proceedings. For more information, your legal representation please contact Paralegal at direct line 416-894-4219 or www.paralegalease.ca Frequently Asked Questions 1. What is the maximum for small claims court in Ontario? Answer: 35,000 The Small Claims Court is a branch of the Superior Court of Justice, and handles nearly half of all civil claims in the province. The Court has civil jurisdiction over monetary claims up to $35,000, and provides an efficient and cost-effective forum for Ontarians to bring or defend these claims. 2. Court fees for filing statement of clam and other...

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Who Is Entitled to Child Support?

Posted by on Sep 13, 2016 in Blog | 0 comments

Who Is Entitled to Child Support?

When it comes to child support, there are a lot of variables involved. In order to help you understand who is entitled to child support, Family Law Helps, your divorce & family lawyer in Toronto & North York, has put together some basic information regarding the subject. Who Receives the Child Support? Child support is a child’s right and not a parent’s right. For this reason, parents find their rights limited when it comes to making child support deals. The parent that is caring for a child on a day-to-day basis is usually the one that receives the child-support. This parent may be primarily caring for the child or the responsibility may be shared with the other parent. In addition, there are child’s special expenses associated with the child’s extracurricular activities (sport), education (tutoring, tuition in college/university), health (for the child with special needs). Both parents have to financially contribute to these expenses. For this purpose both parents have to exchange their respective Income tax returns and notices of assessment every year and contribute to these special expenses proportionally. Therefore, child support consists of two parts: child support table amount and child support for special expenses. Child support is always paid directly to the parent, and not to the child when he is a minor. If parents resolved the issue of child support by way of separation agreement, then child support is paid to the custodial parent directly. If in the future, the parent who is paying child support stop making monthly child support payments (including his share of special expenses) then the parent who is receiving child support may file the separation agreement with FRO and the latter will enforce it in the same way as a court order. If there is a court order, then child support is enforced by Family Responsibility Office. There is often a lot of controversy about this point but legally the support needs to be paid to the parent incurring the child care expenses. This can include the basic day-to-day expenses as well as after school and sports activities costs. Calculating Support Payments There are two parts to child-support, which include a table amount and an additional payment. The table amount calculation is based on the income of the parent that needs to pay the support while the additional payment covers extra expenses such as day care, schooling and extracurricular activities. While the table amount is paid monthly, the additional payment may either be paid monthly or at various times throughout the year. When a child remains in school past the age of 18 and is still financially dependent on the parents, child-support will continue for a reasonable amount of time. As well, if the child is financially dependent on his parents after he turns 18 due to medical reasons, the support must continue. When a child lives at one parent’s residence for most of the time but spends a minimum of 40% of his time with the other parent, there are special considerations that will apply. This is also the case when the parents each have a child that lives with them the majority of the time. When it comes to child-support, you’ll need to get the right information that applies to your own specific circumstances. Call Family Law Helps, your...

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