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If you are a survivor of sexual abuse, if you have experienced the shock, confusion and pain known only to those who have experienced the traumas of sexual abuse, it is understandable that you may be hesitant to report your experience. You are not alone. While sexual abuse is an incredibly serious issue which can have devastating long-term consequences for the survivors, it is also under reported. Survivors of sexual abuse are often hesitant to request help from the authorities for a number of reasons. Many are concerned about the daunting and potentially invasive prospect of court proceedings, which many

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Guardianship and Estate Planning When parents of young children meet with a lawyer to discuss Estate Planning, their first concern is usually about guardianship of their minor children – in the unlikely and horrible event that both parents pass at the same time. A Last Will and Testament (Will) allows parents to choose the guardian of their child and set out the financial support and living arrangements that they wish for their child (under 19 years of age in BC). To handle the children’s living expenses, families can create a Trust. This ensures that their young children have access to

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How to Immigrate to Canada from Mexico So, you are considering moving to Canada? Well, it’s hardly a surprising decision, after all, the US News and World Report Recently declared Canada to be the #1 overall country in the world to reside in, also ranking it top in the Quality of Life and Social Purpose sub-categories. Furthermore, Canada’s reputation as a welcoming culture is no mere stereotype. Indeed, the federal government has committed to welcoming 1.23 million new immigrants by 2023! But just how can you become one of these newcomers to Canada? As a Mexican citizen, your options for

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Protect Yourself from Immigration Scams The application process for would-be immigrants to Canada can be a long and complex one. Various immigration pathways each involve the research and analysis of multiple layers of intricate requirements and the navigation of a complex bureaucracy. In light of these difficulties, countless groups have sprung up online, promising simplified immigration solutions. Some of these so-called companies offer fake documentation, including language test results or offers of employment, and so on. Fraudsters take advantage of individuals who have not conducted enough research into the Canadian immigration system or the immigration agency purporting to be working

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Won’t Anyone Please Think of The Dog? As a general entity, “the law” is often perceived in popular culture as being cold, harsh, and analytical. The domain of unfeeling and hardnosed old men, whose decisions and proclamations are rooted in the value systems of bygone eras and have no relevance to how we see the world today. In most instances this criticism doesn’t hold much water. The law is in a constant state of evolution and, particularly in Canada, has undergone and continues to undergo significant evolution to adapt to rapidly changing societal attitudes and behaviors. There are, however, certain

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Spousal Sponsorship Guide Can I sponsor my “spouse” or relative to come to Canada? One of the fastest pathways to becoming a permanent resident of Canada is via a family sponsorship. In this guide, we will discuss who is eligible to sponsor, who is eligible to be sponsored and the responsibilities that come with spousal sponsorships. Can I be a sponsor? Most adult Citizens or Permanent Residents of Canada are eligible to sponsor spouses or family members. Reasons you may be ineligible include inability to provide for your spouse’s basic needs, a prior conviction for a violent or sexual crime,

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14 Reasons Not To Sign a Cohabitation / Pre-Marital Agreement

The love of your life has asked you to sign a cohabitation agreement (or a premarital or prenuptial agreement) and you feel that they do not trust you. You are right. That nagging feeling is the voice of reason telling you to choose reason over passion. Your first step is to find a lawyer whom you can trust to give you the deeply honest advice you need. Expect the advice to be blunt. These are the things you must consider: The Legal System is There to HelpThe Family Law Act, Divorce Act and Wills and Estates Succession Act create a

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Norwich Orders: An End to Anonymity

Jennifer has just received a notification that someone has reviewed her tutoring business online. To her dismay, the review from “Sandra Harper” is a one-star review stating that, “ABC Tutoring provides terrible service and caused my son to fail his mathematics mid-terms. Outrageous hourly rates and no positive results. DO NOT WASTE YOUR MONEY”. When she searches her records for “Sandra Harper”, no such client appears on ABC Tutoring’s client list. She reports the review but is informed the review appears genuine and will not be deleted. Jennifer is convinced the reviews are from an ex-employee but is frustrated that she was no way to prove

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Patent Lawyer And Agents

The difference between a Patent Lawyer and a Patent Agent is in the degree of expertise and the range of practice of the individual. Patent Agent In order to become a Patent Agent, an individual must gain expertise in the field of Patents and Trademarks by interning (practicum placement) at a Patent Office. Once an individual has worked as a trainee with a Patent Office, they are eligible to take the Patent Agent Qualifying Examination which tests them in the areas of drafting patents, validity, office practice and infringement. Upon passing the examination, the individual is allowed to practice as

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Parental Agreements During Covid

Since the start of the COVID 19 Pandemic, the BC Courts had to address the impact of COVID-19 health orders on separated families with shared guardianship and parenting arrangement. Judges in BC have held that a pandemic generally does not prevent parents from following a parenting order or agreement. In NJB v SF 2020 BCPC 53, the court held that all parenting arrangement must be in the best interest of the child.  The judge noted that some of the following factors should be considered before any changes are made to parenting arrangement due to COVID-19 health concerns:  If a parent

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Should I get Legal Advice?

Seeking legal advice when you’re separating doesn’t necessarily signify the beginning of a long and painful legal battle…  A good family lawyer will help you understand your rights and responsibilities and avoid confusion about the informal and formal procedures you can take. The role of the lawyer is to provide you with information and help you identify your options and potential outcomes. You should meet with your lawyer with a set of questions in mind. Take a support person with you, if this makes you feel more comfortable. Legal advice may help you to resolve the matters between you and

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Breaking Up Is Hard To Do

Separating from a spouse or partner is difficult. Even though most people recognize that nearly half of all spousal relationships will end prematurely, it can be a big surprise when it happens in our own relationship. Whether the separation is your choice or not, the grief you feel can be overwhelming. You may experience feelings of loss, anger, sadness and resentment. You might also need to deal with how everyone else reacts to the separation – your partner, the children, your parents, friends and acquaintances. It’s when you’re feeling most vulnerable, a time of high emotional turmoil, that you find

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Let’s Talk About It…

One of the most important things you can do when separating is to communicate clearly and calmly with your partner. One of the most important things you can do when separating is to communicate clearly and calmly with your partner. If the break-up is coming from you, be clear about your decision to end the relationship. If it’s coming from your partner, take some time to pull your thoughts together, get support and work out what your next steps should be. At this point it’s crucial to recognize that you and your former partner may be in different stages of

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First Checklist for Your Separation

There are several practical considerations when you’re separating. Getting things organized will help you feel more in control of the situation and allow you, and your former partner, to focus on resolving important issues: There are several practical considerations when you’re separating. Getting things organized will help you feel more in control of the situation and allow you, and your former partner, to focus on resolving important issues: 1. You might consider opening a new post office box and redirecting important mail, especially if you concerns that your spouse may be monitoring your mail for bank statements, letters from your

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The “Money” Talk

Once you have made the decision to terminate the relationship, and hopefully, both partners are ready to acknowledge that the family restructuring is inevitable, it’s time to address the big issue: your money! Once you have made the decision to terminate the relationship, and hopefully, both partners are ready to acknowledge that the family restructuring is inevitable, it’s time to address the big issue: your money!  Here are the questions to ask: 1. How will I and my former partner support yourselves and the children? 2. Into which bank accounts will our incomes / wages be deposited? 3. Who will

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How to Start your Divorce Process?

Although not required, many couples find that a properly drafted Separation Agreement helps them put ‘things’ in order. In British Columbia, a Separation Agreement can be filed in Provincial Court or in the Supreme Court. Although not required, many couples find that a properly drafted Separation Agreement helps them put ‘things’ in order. In British Columbia, a Separation Agreement can be filed in Provincial Court or in the Supreme Court. Either spouse can start a divorce proceeding in the Supreme Court as soon as it is apparent that the relationship is over, but the order for divorce will not be issued

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Divorce: #2 Most Stressful Life Event

Some researchers suggest that the loss of a spouse is the most stressful life event. Next on the list – divorce. Other stressors are: moving, major illness and job loss. Unfortunately, divorce is often accompanied by other stressors:   1.Moving –    For many couples, the family home is the most significant ‘family asset’ and upon a division of assets, one spouse may choose to ‘buyout’ the other spouse, leaving the latter to seek accommodation elsewhere.   For some families, the expense of the mortgage and other household-related costs is not manageable by one spouse alone, and neither spouse is able

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Marital Status when You Move from Another Country to BC

Clients sometimes ask if their marriage, performed overseas, is considered a valid marriage in Canada (and in BC). Generally, if your marriage is legal and valid in the country in which you were married, then your marriage is recognized by BC. If the relationship has broken down, even though the marriage occurred overseas, a divorce in Canada (and BC) would be required to terminate the marriage. There are certain requirements before parties can apply for divorce. The process of divorce in BC involves the completion of Supreme Court forms, and filing them in a BC court. If this process is

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Divorce Status when You Move to Another Country

Clients sometimes ask whether moving to another country would have an impact on the status of divorce. If you have already started your divorce in BC before you moved to another country, you can check the status of your divorce application with your family lawyer or by contacting the Central Registry of Divorce Proceedings for Canada in Ottawa, Ontario. Also, if you were married in BC and want to get a divorce while you are living in another country, you are not required to do your divorce in BC (just because you were married in BC), generally.  As long as your divorce

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In case I decide to separate…

“I’m just looking for more information…in case I decide that I do want to separate…” is the start of many family law consultations. Deciding to leave a relationship is a conclusion that is often years in the making but the final move towards endgame requires strategy, and an understanding of the laws that govern parenting, support and asset division. In British Columbia, separation and divorce are governed by the Family Law Act, and the Divorce Act of Canada. Here are some signs that your spouse has sought legal advice and is planning their exit: 1. Terms like ‘equalization payment’ and ‘spousal support’

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Name-it to Tame-it

In a recent professional development course attended by Lisa Sirlin, Family Lawyer and Mediator at the Deer Lake Law Group, she was alerted to the concept of “Name it to Tame it”, and it resonated with her so much that she now incorporates this simple exercise into her mediation practice. The theory, created by Dr. Daniel Siegel, goes something like this: There is a neurological component to stress and anxiety. The executive part of the brain does not work when there are strong emotions in play. The result is akin to rational thought lockdown. How is one meant to work

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Spousal Assault and Peace Bonds

Police intervention in families during a family breakup is relatively common.  More often than not, one of the parties contacts the police during a heated argument, in the spur of the moment, and without actually appreciating the consequences.  The problem is that once the police are called, the situation can escalate to new territory that neither party intended to explore.  Let’s examine the case of John Doe (actual client name is withheld).  John was together with his spouse for about 10 years in an emotionally charged relationship.  Arguments were common during their decade-long relationship, but there was no physical violence. 

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If you’ve been hurt in a car accident…

If you have been hurt in a car accident recently, there are many things you should know, including your entitlement to Compensation. You may be entitled to immediate compensation for your injuries, especially if you are unable to work. You may also be entitled to coverage for your medical expenses, prior to your claim being settled. You are mistaken if you believe that ICBC will properly compensate you for your injuries! In fact, even if the accident is not your fault, chances are high that you may get the impression that ICBC does not have your best interests in mind. You

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Surviving the Holidays after Divorce

It’s that time of year…you’re supposed to feel festive and joyous, but for many people, it is exactly the opposite. For those that have dealt with a change in their family structure due to separation or divorce, the ‘holidays’ can be even more challenging. Here’s a quick tip survival guide: Child-centered – if you have kids, spend time together doing activities that are put off during the rest of the year. When appropriate, ensure that kids have equal parenting time with both parents, and even have visits with all extended family. If one parent lives far away – plan for a

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Do you need a Power of Attorney?

A ‘Power of Attorney’ (POA) is one component of Personal Planning and Estate Planning. The POA is a written document that authorizes another adult to act on your behalf for the purpose of dealing with private and business issues, as well as legal matters. As the person granting authority, you are called the Principal, or Grantor / Donor of the Power. The person authorized to act on your behalf is called the Agent or Attorney-in-Fact, or ‘Attorney’ – for short. Powers of Attorney have been used for thousands of years.  Imagine a time when people could not travel rapidly, converse

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Appointing an ‘Attorney’ and Revocation of Power of Attorney

Once you have chosen the most appropriate type of ‘Power of Attorney’ (POA), either a Single Purpose Power of Attorney, General Power of Attorney or Enduring Power of Attorney, it is just as critical that you chose your agent or Attorney carefully. Since a POA can give very broad power to your Attorney, this document can cause a lot of harm if misused. If you do not have a trusted family member or close friend, consider appointing a professional Attorney, such as a lawyer or an accountant. There are some restrictions on who can act as your Attorney, and your

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Finding a Sympathetic Divorce Lawyer

Lisa Sirlin, Family Lawyer and Mediator at the Deer Lake Law Group shares her thoughts on divorce: While no one can walk in the shoes of another person, having personally gone through the journey of divorce — with 3 young children, I possess a heightened sense of empathy that I pass along to my clients. Separation and divorce are life-altering events; emotional highs and lows are most always unavoidable. It is crucial, at this time, to have faith in the lawyer that you chosen. You must trust your lawyer and let him or her navigate you through these turbulent times. Every family situation is unique and every party is

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