Legal FAQs
Questions about Ontario law, answered
These answers from Maks Law Firm, a Mississauga law firm, explain how common legal issues work in Ontario — lawsuits and Small Claims Court, criminal charges, separation and divorce, real estate closings, immigration refusals, business and corporate matters, wills, injury claims and notarizations. They are general information, not legal advice.
Criminal Law
Should I talk to the police without a lawyer?
Generally, no. You have the right to remain silent and the right to speak to a lawyer without delay after arrest or detention. Anything you say can be used as evidence. Get advice first.
What happens at a bail hearing?
A justice decides whether you can be released while the case is ongoing, and on what conditions. The Crown may consent to release or ask for detention; the defence may propose a release plan, sometimes with a surety — a person who supervises you and may pledge money.
Will I end up with a criminal record?
Not necessarily. Depending on the charge and the evidence, outcomes can include withdrawal of charges, diversion, a peace bond, an acquittal or a discharge. A lawyer can tell you which outcomes are realistic once disclosure has been reviewed.
Can I share the details of my case with a lawyer confidentially?
Yes. Communications with your lawyer for the purpose of legal advice are protected by solicitor–client privilege, and Ontario lawyers have a professional duty of confidentiality. Please don’t send those details through a website form — tell us in person or by phone.
Civil Litigation
How much can I claim in Small Claims Court in Ontario?
Up to $50,000, excluding interest and costs. The limit increased from $35,000 on October 1, 2025. Claims above that amount go to the Superior Court of Justice, although you can choose to waive the excess to stay in Small Claims Court.
What happens if I ignore a statement of claim?
The plaintiff can have you noted in default and obtain a judgment against you without a hearing. That judgment can then be enforced — for example by garnishing wages or bank accounts. If you have been served, speak to a lawyer straight away.
Will my case go to trial?
Most civil cases resolve before trial, through negotiation, mediation or a settlement conference. We prepare every file as if it may be tried, because that preparation is what produces fair settlements.
Do I have to pay the other side’s legal costs if I lose?
Usually some of them. Ontario courts generally order the losing party to pay a portion of the winner’s costs, and the amount depends on the court, the complexity and any settlement offers made. We explain this exposure before you commit to a step.
Family Law
Can I just separate without getting divorced?
Yes. Many couples separate and resolve parenting, support and property in a separation agreement without divorcing. A divorce is only needed if you want to legally end the marriage — for example, to remarry.
How long does a divorce take in Ontario?
An uncontested divorce, where everything else is settled, typically moves faster than one where parenting, support or property are still in dispute. Timelines also depend on the court’s schedule; we will give you a realistic estimate for your situation.
Who gets the house when we separate?
For married spouses, both have an equal right to possess the matrimonial home until there is an agreement or court order, regardless of whose name is on title. Its value is then dealt with as part of equalization. Common-law partners’ rights depend on ownership and other claims.
How is child support calculated?
In most cases from the tables in the Federal Child Support Guidelines, using the paying parent’s annual income and the number of children. Special or extraordinary expenses — such as childcare or medical costs — are usually shared in proportion to income.
Real Estate Law
What should I look for in an Agreement of Purchase and Sale?
Check the parties and property description, the price and deposit, any conditions (financing, inspection, status certificate), the chattels and fixtures included, the closing date, and how the property must be delivered. If anything is unclear, have it reviewed before you sign.
Do I need title insurance?
Most mortgage lenders require it. Title insurance protects against certain defects that may not appear in the registered title — such as some survey issues, fraud or unpaid work orders — and is usually a one-time premium paid on closing.
What are closing costs, apart from the price?
Typically land transfer tax, legal fees, registration fees, title insurance and adjustments for property taxes or condo fees the seller has prepaid. We give you a closing statement showing every amount before the closing day.
Can you help if the other side won’t close?
Yes. A failed closing can involve deposit disputes and damages claims. Our civil litigation practice handles these lawsuits.
Immigration Law
What is judicial review in an immigration case?
It is a Federal Court proceeding that asks whether an immigration decision was reasonable and procedurally fair. You first need the court’s permission (leave). If leave is granted and the review succeeds, the decision is usually sent back to be decided again by a different officer.
How long do I have to challenge a refusal in the Federal Court?
15 days after you are notified of, or become aware of, a decision made in Canada, and 60 days for a decision made outside Canada. A judge can extend the time only for special reasons, so contact us immediately.
Can you help my family visit or join me in Canada?
Yes. We help with visitor visas and super visas for parents and grandparents, and with spousal, child and other family sponsorship applications for permanent residence.
Do you help with citizenship and passports?
Yes — citizenship applications, and passport applications and issues for Canadian citizens.
Business Law
Do I really need a written contract?
Verbal contracts can be binding, but proving their terms is difficult. A written agreement sets out price, scope, payment terms, liability limits and how disputes are resolved — which is exactly what matters when something goes wrong.
What should I check before signing a commercial lease?
The term and renewal options, rent and additional rent (taxes, maintenance, utilities), permitted use, repair obligations, assignment and subletting rights, personal guarantees and what happens on default. Commercial tenants have fewer statutory protections than residential tenants, so the lease itself matters.
Can you help when business partners disagree?
Yes. We review your partnership or shareholder agreement, advise on your rights, and negotiate or litigate a resolution — including buy-outs.
Corporate Law
Do we need a shareholder agreement?
If a corporation has more than one shareholder, a shareholder agreement is strongly advisable. It sets out how decisions are made, how shares can be sold, what happens if a shareholder leaves, dies or disagrees, and how the company is funded.
Can you organize a company that was incorporated online?
Yes. Many online incorporations are never properly organized — no by-laws, no share issuance, no registers. We prepare the missing documents so the corporation’s records are complete.
Do you work with our accountant?
Yes. Corporate structure has tax consequences, so we coordinate with your accountant on share structures, reorganizations and transactions.
Wills & Estates
What is a power of attorney, and do I need one?
A power of attorney lets someone you trust act for you if you can’t. Ontario has two kinds: one for property (finances) and one for personal care (health and living decisions). Without them, your family may need a court application to manage your affairs.
Can a will be challenged?
Yes — for example on the grounds that the person lacked capacity, was under undue influence, or the will wasn’t properly signed and witnessed. Dependants may also claim support from an estate. These claims have time limits, so get advice early.
What does an executor (estate trustee) have to do?
Locate the will, protect the assets, apply for probate if required, pay debts and taxes, keep accounts, and distribute the estate to the beneficiaries. It is a legal role with personal liability, and we advise trustees at each step.
Personal Injury
Who pays my medical bills after a car accident?
In Ontario, your own auto insurer pays statutory accident benefits — such as medical, rehabilitation and income replacement benefits — regardless of who caused the accident. A separate lawsuit against an at-fault driver may be possible for losses beyond those benefits, subject to legal thresholds.
Do I have to go to court?
Many injury claims settle through negotiation or mediation. If the insurer won’t make a fair offer, the claim is pursued in court through our civil litigation practice.
How long do I have to sue for an injury?
Usually two years from the date of the injury or when you discovered the claim, but some cases have earlier notice requirements. Don’t wait to get advice.
Notary Public
What do I need to bring to a notary appointment?
Valid, unexpired government-issued photo ID, and the document itself — unsigned, because it must be signed in front of the notary or commissioner. If others need to sign, they must attend with their own ID.
Do I need an appointment?
Yes, please book ahead by phone or WhatsApp so a notary or commissioner is available when you arrive.
Can you notarize a travel consent letter for my child?
Yes. A consent letter, signed by the parent(s) not travelling and witnessed, is recommended by the Government of Canada when a child travels abroad without one or both parents.
Tell us what happened. We’ll tell you where you stand.
Call, WhatsApp or send a short enquiry — any time of day. A member of our team will arrange a consultation with the right lawyer — in person or by phone.