Blog

In Canada, you can own a gun but must comply with specific regulations and requirements. For instance, you must pass thorough background checks that will assess your mental health, criminal record, history of domestic violence, and mental health issues. In addition, you may be required to get character references to back your application for PAL (Possession and Acquisition Licence). Pursuant to Canada’s Firearms Act, you may be ineligible to hold a firearms licence if you have been charged with a crime related to weapons and firearms. Similarly, you cannot hold such a licence if it is safer for you and other people that you do not own a firearm. Assessing Eligibility for Gun Ownership Firearms licences are regulated under Canada’s Firearms Act. The prohibited offences are outlined under the Criminal Code (Part III), Firearms Act, Controlled Drugs & Substances Act, and Section 264 of ... Read more

Leaving the scene of an accident in which you were involved is a serious offence under the Ontario Highway Traffic Act and the Criminal Code of Canada. In addition, the law requires you to return immediately to the accident scene if you had left. Anyone involved in any motor vehicle accident is legally obliged to share their name, driver’s license number, address, contact information, vehicle permit number, and insurance information with the other individuals involved in the accident. If you flee the scene of an accident, you can be charged pursuant to the Criminal Code of Canada or the Highway Traffic Act. Here is what you should know about offences linked to leaving the scene of an accident in Ontario. What Constitutes ‘Leaving an Accident Scene?’ Failure to stop or remain at the scene of an accident is considered a serious criminal offence. It is commonly known as ‘hit and run.’ Here is an overview of this ... Read more

You probably learned that you should follow traffic regulations long before you got behind the wheel of a motor vehicle for the first time. Some of those rules revolve around speed limits, slowing down for passengers to cross a street, and carrying a valid driver’s licence every time you operate a motor vehicle. Unfortunately, even the best of drivers make mistakes. It is not uncommon for a driver to accidentally leave their driver’s license at the workplace, home, or gym or to unintentionally drive a car without it. This leads to an important question, ‘Can you go for jail for driving without a license in Ontario?’ Driver’s License Is a Legal Requirement The Ontario Highway Traffic Act requires all drivers in the province to carry a valid driver’s licence when operating motor vehicles on all public roadways. The legal requirement applies to all types of driver’s licenses, such as G2 licenses, ... Read more

In Canada, criminal negligence causing death is considered a serious criminal offence. It is a straight indictable offence that attracts a maximum punishment of life imprisonment. The lowest possible penalty for this criminal offence is a 4-year imprisonment term.Penalties for criminal negligence causing bodily harm or death may also involve probation, and subsequent offences may carry harsh penalties. For example, if you are convicted of reckless driving causing death or bodily harm, you may be required to pay a fine of at least $2,000 but not over $50,000.In addition, a two-year jail term or a maximum of 5-year license suspension, mandatory driver improvement training, and six demerit points are also relevant penalties. Being convicted of a crime related to criminal negligence causing bodily harm or death attracts severe penalties. Therefore, if you are facing charges or allegations of criminal negligence causing death, you should consult a knowledgeable lawyer who can ... Read more

Operating motor vehicles under the influence of alcohol is a driving prohibition and one of the leading criminal causes of injuries and deaths in Canada. A critical factor in a criminal impaired driving charge is the blood alcohol concentration (BAC). If you are convicted of driving over the lawful limit for alcohol, you face severe criminal penalties. What Is Blood Alcohol Concentration? Your blood alcohol concentration is the specific level of alcohol in your bloodstream. For instance, if your BAC is .04%, that means you have 40 milligrams of alcohol content in 100 millilitres of your blood. Social drinking, like a glass of wine with your dinner or beer after work, may not put you over 0.05 BAC level.However, this doesn’t imply that you are not impaired. Various factors, like the percentage of alcohol in your drink, can significantly influence alcohol absorption into your blood. Therefore, it is best to refrain from driving after drinking. Legal BAC ... Read more

David Costa is the founder of Costa Law Firm Professional Corporation. Since he established the full-service Toronto law office, he has attracted a commendable client base. He is experienced in different legal genres and he serves Canadian and International clients together with his team of specialized associates. The practice areas of his law firm include civil litigation, criminal litigation, family law, real estate law, business law, immigration law, wills and estates, and labor & employment law.Mr. David Costa (B.Mus., B.Ed., LL.B., J.D.) has both Canadian and American law degrees from ... Read more

Investing in property is a major decision with serious financial and legal implications. It is essential for property owners to understand what exactly it is that they own. Title disputes occur when there is an argument over who owns a property and how much land the property includes. When it comes to these disputes, an inch may go a mile. Erecting a fence or shed on what turns out to be your neighbours property could land you in the middle of an expensive litigation. Real estate lawyers have essential knowledge on how to handle title disputes and, more importantly, avoid them.What is Title? Title is simply the legal ownership of a property. A title outlines what rights an owner has over their property. This includes ... Read more

Court cases, like most things in life, are not always clear-cut. It is sometimes easy to make assumptions about people and pass judgment without hearing the whole story. Snap judgments can be dangerous, especially if they place you on the wrong side of the law.I firmly believe that everyone is innocent until they are proven guilty and this means that everyone deserves the benefit of the doubt, regardless of how one-sided their circumstances seem at first. Nothing in this world is ever truly black and white, the honest truth always lies somewhere in between and deserves to be uncovered so that it can see the light of day.This following case is a prime example of how important it is to get the full story out in the open before jumping to conclusions. Even the most cut-and-dry scenarios can fall apart under scrutiny.Nelson ViveirosIn 2001, Nelson Viveiros found himself facing ... Read more

Innocent until proven guilty is an important sentiment for us to hold, especially in court cases. Snap judgments can hurt innocent people, and this is particularly true with the law. Take a look at this court case, which exemplifies the importance of the concept of innocent until proven guilty.Jonny SombreroMr. Henry Barnes was a 76-year old biker that went by the nickname Jonny Sombrero. In 1951, he founded the Black Diamond Riders (BDR), a motorcycle club that was once one of the city’s most notorious bike gangs. He currently faces 18 counts for “careless storage” of firearms.On the day of the incident in 2010, Mr. Barnes received a call from a police officer at 11:20 in the morning saying that his car was being broken into. Although he thought it quite strange to have received such a call, he decided to go investigate. Just as he went to head out, a “big ... Read more

As we saw in part one of our blog, police officers can make mistakes and having a great legal team can ensure that the law is on your side. This case demonstrates how snap judgments, insufficient evidence and unfair treatment can blur the line of justice and how we at Costa Law Firm work to make sure the truth is heard.Case: Man Claims he was Beaten by a CopCase Summary: 21-year-old Jacob Poirier was spotted vomiting outside, standing by his car at a friend’s party. He claims that a police officer approached him, sprayed him with pepper spray and brutally beat him. The young man was charged with impaired driving and assault resisting arrest, both of which were later dropped.Mr. Poirier ... Read more

As highly trained and hardworking as police officers are, they aren’t exempt from human error. So what happens when these human errors threaten the freedom or infringe on the rights of citizens? This case demonstrates how snap judgments, insufficient evidence and unfair treatment can blur the line of justice and how we at Costa Law Firm work to make sure the truth is heard.Case: Officer didn’t know how to use breath test machineCase Summary: A man (let’s call him Joe) was pulled over and accused of driving under the influence of alcohol by Const. Kevin Driscoll. The officer requested that the man take a breath test to determine whether or not he was legally intoxicated. The breath test ... Read more

If you are buying a home with another person, you will both have to decide how to take title (ownership) of that property.  There are two main options that are available:  (i) Tenancy In Common or (ii) Joint Tenancy.  The choice you make will have an impact on your subsequent legal rights.Joint tenancy is a concurrent interest in which all joint tenants have a unified right of possession to the whole of the property, and each with a right of survivorship.  A right of survivorship ends the interests of deceased tenants and also enlarges the interests of the remaining joint tenants.  A joint tenancy must have what is known as the four unities: possession, interest, title and time.  Unity of possession refers to the undivided nature of the property which is enjoyed by all the tenants.  Unity of interest means that the interest must be of the exact same size and duration.  Unity of title requires that tenants acquire their titles from the same document.  Unity of time refers to the ... Read more

f you (a) own property or any other valuables, (b) have children, and/or (c) run a business, then a will is necessary for your estate plan.  A will is a written instrument that directs what happens to your assets upon death.  A person who gives directions on the will is known as a testator (in the case of a male) or testatrix (in the case of a female), whereas those who receive gifts/property under the will are known as beneficiaries.There are two main types of wills: an attested will and a holograph will.  A holograph will has less onerous formal requirements than an attested will, and generally refers to a will that is written entirely by the hand of the testator without the need for a witness.  On the other hand, an attested will is signed by the testator in the presence of two witnesses (please note that certain individuals, like beneficiaries, are excluded from acting as a witness).A will is key for your control and certainty over the important decisions that will be made ... Read more

While driving a motor vehicle brings about greater freedom and mobility, one cannot forget the responsibilities that come with such a privilege.  It is important to know the transportation laws that affect us (whether it concerns a car, truck, or motorcycle, etc.), or while commuting to work, school or the long drive to the cottage.  Every driver should know the law as it pertains to the following topics before heading out on the road.Demerit PointsIn Ontario, driving licenses are granted on a graduated class system.  There are currently three classes of licenses:  G1, G2 and G (being the fully licensed driver).  A demerit point is a penalty that this attached to your driver’s license and, depending on the type of class, some drivers are permitted more demerit points than others.  For example, if you are a G1 or G2 driver, then at 9 demerit points your driver’s license will be suspended.  For a fully licensed G driver, suspension occurs at 15 demerit points.  Below is a chart ... Read more

There is no gain in delaying the preparation of both your will and powers of attorney done.  Rather, you have potentially everything to lose by not getting these documents done as soon as possible.In general terms, estate planning gives you the security of knowing that your wishes will be respected.  Through your recorded decisions there will be people you name to be responsible to address your wishes.  As such, you should assign the matters of your personal care and finances while you are capable to person(s) you choose on the terms you want.  These concerns can be answered through documents called Powers of Attorney, distinguishing between (i) personal care and (ii) property management decisions.A power of attorney is a document that establishes evidence of a person’s (the grantor) authority during one’s lifetime to give another person the right to act on behalf of the grantor.A power of attorney is an essential tool in estate planning.  It gives the grantor control over ... Read more

When stopped by the police, an individual is under no obligation to provide any information and can simply choose to walk away.  Section 9 of Canada’s statutory declaration of fundamental rights known as the Canadian Charter of Rights and Freedoms enshrines the right not to be arbitrarily detained or imprisoned, and protects the individual from unjustified state interference.  The courts have recognized that this liberty includes not only the freedom from physical restraint but from psychological restraint as well. DETENTION Where the choice to speak or walk away from police is removed, either through physical or psychological restraint, an individual is considered detained.  Once detained, the right to silence and the right to speak to a lawyer are triggered.  Police may insist on asking a detainee questions, however there is no obligation to answer the police. RIGHT AGAINST SELF-INCRIMINATION It is important to understand the fundamental right against ... Read more

Congratulations on deciding to start your own business!  You will need to choose your method of carrying on a business.  Here we address three potential business vehicles to consider depending on your needs:  (i) Sole Proprietorship, (ii) Partnership, and (iii) Incorporation. SOLE PROPRIETORSHIP The Sole Proprietorship is perhaps the easiest method of carrying on a business.  It comes into existence whenever an individual sets up a commercial operation.  The sole proprietor owns the assets of the business and is the ultimate decision maker.  There is no formal registration requirement for a sole proprietorship.  However, you may have to register a business name.  Although relatively easy to set up, this method does not have the benefit of separate legal status and limited liability, as may be found in a corporation. PARTNERSHIP When two or more persons carry on business together with a view to profit, the relationship is called a Partnership, and its co-owners ... Read more