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CONSENT ALWAYS COMES FROM A CONSCIOUS AND OPERATING MIND
“R. v. J.A. Has Smashed All Blurred Notions Of Implied Consent, Advance Consent Or Continuous Consent In Sexual Assault Matters” The right to consent is always at the forefront in terms of sexual assault matters. At the very outset, sexual activity without express consent amounts to sexual assault. Over the past few years, Canadian Sexual...
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DOMESTIC VIOLENCE: THE LAWS AND ITS CATEGORIES
The laws on domestic violence in Canada vary across provinces and as of now there is no particular legislation on domestic violence. However, this does not imply that the offence of domestic violence has no legal consequences. What Is Domestic Violence? Domestic violence means when you are being abused physically, emotionally, mentally, sexually, or economically...
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Self-induced Intoxication is no more a Valid Defense in Sexual Assault Cases: Changes to Section 33.1 of the Criminal Code of Canada
The Law, now, imposes a criminal liability to those who used to get away with sexual assault and violence cases by invoking the ground of self-induced intoxication. The defense of Self-induced extreme intoxication will no longer render the accused innocent. Previously, being intoxicated at the time of an act of violence was a legal defense...
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Genuineness Of Marriage: An Overriding Factor In The Assessment Of Spousal Sponsorship Application
Sponsoring your spouse or common-law partner in Canada requires numerous formalities to be met. Coming across the news of the refusal of your sponsorship application can be displeasing. Contrary to what many people assume, they do not realize that there are other ways to appeal such denials; they mistakenly believe that the sole choice is...
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IMMIGRATION APPEALS AT IAD
Are you worried because your immigration application to Canada has been refused? Are you unsure what made you inadmissible? Well, don’t fret because Immigration Department provides an avenue to appeal immigration decisions. Roughly more than 500 immigration appeals, as estimated by the Immigration and Refugee Board of Canada, have been filed as of March 2022....
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What Do You Need To Know About Financial Statements?
When couples separate, property division is one of the things that can be agreed upon or claimed in the courts. Oftentimes, parties do not provide correct information in financial statements so that the support obligations can be reduced. Preparing financial statements can be complex for ex-partners. This blog article will highlight the significance of financial...
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Things Your Divorce Lawyer Might Not Be Telling You
Under the Divorce Act 1985, a divorce lawyer or legal advisor has certain positive duties towards his clients. Every barrister, attorney, lawyer, or advocate has some responsibilities who is acting on behalf of a spouse in any divorce proceeding, a lawyer is obligated to do the following: to bring to the spouse’s attention the provisions...
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YOUR SPOUSE ISN’T SIGNING THE DIVORCE PAPERS - NOW WHAT?
Going through a separation or divorce can be mentally and subjectively appalling. Most obviously, as in any legal procedure, it is, more than the hired counsels and lawyers, the interest of the parties involved at stake. However, the divorce process gets more complex if your spouse refuses to sign the divorce papers. Now, what? Don’t...
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Daniels v. Stemberga: How Do Courts Decide the High-Conflict Visiting and Parenting Cases?
One of the foremost question that pops up in mind when considering separation is the elongated battle of achieving the decision-making responsibility and parenting of your child in the marriage. This blog article takes into account the recent case of Daniels v. Stemberga where a high conflict has been observed by the Ontario Superior Court...
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Here Is The Difference Between Divorce And Separation In Ontario
Ever wondered what’s the difference between a divorce and separation or are they both the same? First, let’s look at the definition of separation and divorce in the family law context. When a couple has been living together as a married couple or in a common-law relationship and they break up the relationship, then such...
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