🚨 Important Announcement: Beware of Scammers! 🚨 Attention to our valued clients and community! We want to inform you about a fraudulent law firm operating under the name "Rio Law Inc". This company is attempting to deceive clients by closely mimicking our name, RIO LAW LEGAL SERVICES, located in Richmond Hill, Ontario. Here are some critical points to note: Unverified Operations: They lack proper listings on the Law Society of Ontario and their website appears unprofessional and unrefined. Suspicious Activity: Numerous victims have reported issues, including unresponsive communication after payment. Fake Claims: They falsely advertise themselves as reputable lawyers and misrepresent their achievements. ⚠️ Please remember: We do not have any affiliation with Rio Law Inc, and we urge all clients to come to our office in person for any retainer agreements or legal inquiries. Your safety and legal well-being are our top priority! For further information or concerns, please reach out directly at our official number: (647) 948-8989. Stay vigilant and protect yourself from scams!

Announcement_1

🚨 Important Announcement: Beware of Scammers! 🚨
Attention to our valued clients and community!

We want to inform you about a fraudulent law firm operating under the name “Rio Law Inc”. This company is attempting to deceive clients by closely mimicking our name, RIO LAW LEGAL SERVICES, located in Richmond Hill, Ontario.

Here are some critical points to note:

Unverified Operations: They lack proper listings on the Law Society of Ontario and their website appears unprofessional and unrefined.
Suspicious Activity: Numerous victims have reported issues, including unresponsive communication after payment.
Fake Claims: They falsely advertise themselves as reputable lawyers and misrepresent their achievements.
⚠️ Please remember: We do not have any affiliation with Rio Law Inc, and we urge all clients to come to our office in person for any retainer agreements or legal inquiries. Your safety and legal well-being are our top priority!

For further information or concerns, please reach out directly at our official number: (647) 948-8989.

Stay vigilant and protect yourself from scams!

Announcement_1 Read More »

Apply for Permanent Residence (PR)

legal services & Notary public

Permanent Residence

How to Apply for PR Card

Applying for permanent residence (PR) in Canada is only possible if your claim is approved by the IRB-RAD or IRB-RPD.

You can apply online using the Permanent Residence Portal or send forms by mail or courier. Ask a legal representative to look at your PR application before sending it to IRCC. If you do not have a legal representative, contact a local settlement agency for help finding one.

Looking for advice?

Do You Need HELP

***Prepare the documents***

Our extremely high success rate;

Be next Happy client

High Success rate; means that anyone, including you, could be our next satisfied client who relies on our good reputation to achieve the best possible result. We only accept legitimate cases because we do not want to waste time and damage our reputation. We know court procedures and enforcement, so why not use our knowledge and experience? work with professionals for a reasonable and affordable fee. to protect your rights.

Prepare the documents

Document Checklist

Document Checklist: Protected Person – Permanent Residence (IMM 5286)

Generic Application Form for Canada

Generic Application Form for Canada

Additional Dependents / Declaration

Additional Dependants/Declaration

Schedule 14 – Protected Persons and Convention Refugees

Schedule 14 – Protected Persons and Convention Refugees

Schedule A – Background/Declaration

Schedule A – Background/Declaration

Additional Family Information

Additional Family Information

Use of a Representative

Use of a Representative

Copy of the Notice of Decision giving you Convention Refugee or Protected Person status in Canada

Copy of the Notice of Decision giving you Convention Refugee or Protected Person status in Canada

Two photos (passport size)

Two photos (passport size)

Photocopies of your identity documents that were taken from you:

passport (even if it is expired),
travel documents,
translated birth certificate, and
other identity documents.

IMPORTANT

Do not get a new passport or renew the one you have if your passport is expired.

Contact RioLaw!

If you apply for a new passport or renew your current passport, you risk losing your protected person status. See Section 7.4.

Dependents

If you have dependants inside or outside Canada, you must fill out a separate set of forms for them. You must prepare:

Document Checklist

Document Checklist: Protected Person – Permanent Residence (IMM 5286)

Generic Application Form for Canada

Generic Application Form for Canada

Schedule 14 – Protected Persons and Convention Refugees

Schedule 14 – Protected Persons and Convention Refugees

Schedule A – Background/Declaration

Schedule A – Background/Declaration

Additional Family Information

Additional Family Information

Use of a Representative

Use of a Representative

Copy of the Notice of Decision giving you Convention Refugee or Protected Person status in Canada

Copy of the Notice of Decision giving you Convention Refugee or Protected Person status in Canada

Two photos (passport size)

Two photos (passport size)

Photocopies of your identity documents that were taken from you:

passport (even if it is expired),
travel documents,
translated birth certificate, and
other identity documents.

relationship Proofs

Photocopies of documents that prove their relationship to you, such as birth certificates, marriage certificates, or common-law declaration (Form 5409)

Good to know…

Your Trust to RioLaw is our Asset

You must update IRCC with the names of a spouse or any dependent family members you have gained since you arrived in Canada.

Your child’s age on the date you made your refugee claim is “locked in.” This means if they turn 23 years old years old before you get PR status, it does not matter. Talk to a legal representative if you are not sure about the date.

You may not know where some family members are, but you can list them in your application. They will have one year from the day you get PR to apply for it themselves. Only someone who IRCC considers a family member can do this, not a de facto family member. Talk to a lawyer if you have family members who are de facto family members.

Translate documents

English & French are official Languages of Canada

Any document (including any stamps and seals) that is not in English or French, you must send in:

The English or French translation. See the IRCC website to follow their requirements to translate documents.
If you cannot get a certified translator for your identification documents, you can use a non-certified translator. You need:
- an affidavit from the person who did the translation, and
- a certified copy of the original document. It must be certified in Canada by a notary public, a commissioner of oaths, or a commissioner for taking affidavits.

Affidavit

An affidavit for a translation is a document that states that the translation is an accurate version of the original. The translator swears this in front of a professional who can take oaths in the country where they live. The person must speak English or French well in order to take the oath.

Who can prepare an affidavit?

In Canada:

a notary public
a commissioner of oaths
a commissioner for taking affidavits

Outside Canada:

a notary public or someone with an equal position

You or any of your family members cannot do the affidavit. Even a member of your family who is a lawyer, notary public, or certified translator is not allowed to prepare your affidavit. (This includes a parent, guardian, sibling, spouse, common-law partner, conjugal partner, grandparent, child, aunt, uncle, niece, nephew and first cousin.)

Pay Fee

You must pay a fee when you apply for PR for yourself and for any family members. You pay all fees online. To pay your fees, you need:

An email address to set up a login and password,
Access to a printer (to print the receipt), and
A credit card, Debit MasterCard® or Visa® Debit card.

When you are ready to pay:

Go to Online Payment.
Follow the instructions.
- At the end, click on the button to print the IRCC official receipt with a barcode. Print two copies.
- Save a copy on your computer.
- Email yourself a copy.
- Attach a printed copy of this receipt to your application.
- Keep the other copies of the receipt for your records.

We are honored to have fulfilled top-notch legal services, including but not limited to:

Landlord & Tenant Board

small Claim Court

Traffic Ticket

Immigration & Refugee Board

🔴Landlord & Tenant Board

🔴Small Claim

🔴Traffic Ticket

🔴 Immigration & Refugee

🔴Landlord & Tenant Board

🔴Small Claim

🔴Traffic Ticket

🔴 Immigration & Refugee

🔴 Notary Public

🔴Commissioner of Oaths

🔴 Notary Public

🔴Commissioner of Oaths

Our expert paralegal services are available throughout Ontario. No place is too far away. Toronto, Richmond Hill, Oshawa, Milton, Aurora, Stouffville, Thornhill, Vaughan, Brantford, London, Hamilton, Newmarket, Barrie, Mississauga, Brampton, and many other jurisdictions are among the Ontario jurisdictions in which the firm operates.

best lawyer and affordable fee for win your court guarantee the result be a winner in court for your tenancy, small claim court or traffic ticket Call us Now 🔴 Landlord & Tenant 🔴 Small Claim 🔴 Traffic Ticket 🔴 Immigration & Refugee 🔴_Notary & Commissioner 🔴BEST PARALEGAL

Apply for Permanent Residence (PR) Read More »

SPPEDING TICKET

#Traffic_Ticket

Speeding Ticket? Don`t Panic! Our Paralegals are here to HELP.

A SPEEDING TRAFFIC TICKET is more than just a challenging trouble or just a violation of Highway Traffic Act in Ontario; it is a serious legal matter that can result in large fines, demerit points, and higher insurance premiums. Understanding the complicated nature of speeding tickets and laws is critical in order to better drive in highway rules and traffic law. our PARALEGAL are here to help you more

A brief Overview

Speeding Violation

The Highway Traffic Act creates Ontario Traffic tickets, which are considered Provincial offenses. Traffic tickets in Ontario lead to a monetary fine and, depending on the type of ticket, demerit points by The Ministry of Transportation.

The following are examples of hidden consequences related to traffic and speeding tickets that the police and courts are not obligated to reveal to you:

Reveal more about Speeding Tickets

Tickets increase your insurance premiums.
Demerit points are granted for infractions on traffic tickets and HOA offenses.
Some traffic tickets result in license suspensions, particularly for drivers in classes G1 and G2. after licence suspensions
charge a $281 dollar licence reinstatement fee (this amount is or 2023 and will increase in future):

In addition to a fine, traffic tickets carry other consequences that may follow you for years. If you pay the ticket, it will appear on your insurance and driving record for three (3) years.

Speeding Fines and Penalties

Fines for speeding in Ontario are not set at a flat rate. Rather, they incrementally increase depending on how much you exceed the speed limit. For speeds 1-19 km/h over the limit, fines are set at $3 per km. This escalates to $4.5 per km for 20-29 km/h over, $7 per km for 30-49 km/h over, and a staggering $9.75 per km for 50 km/h or more over the speed limit. Remember, these speeding fines and penalties do not include court costs and fees.

The fines in community safety zones and construction zones with workers present are doubled.

Over speed limit	Fine amount (per km/h)
0 – 20 km/h	$3.00
20 – 30 km/h	$4.50
30 – 50 km/h	$7.00
50+ km/h	$9.75

Speeding Demerit points

Demerit points calculated depend on km/h over the speed limit. The accumulation of demerit points can lead to licence suspensions and higher insurance rates.

Speed Over Limit (km/h)		Demerit Points
0 – 15 km/h	0 points
16 – 29 km/h over the limit	3 points
30 – 49 km/h over the limit	4 points 30 Day Suspension for G1 and G2 drivers 100% Insurance increase
50 km/h over the limit	6 points 30 Day Suspension for G1 and G2 drivers 100% Insurance increase
Over 50 km/h Stunt Driving Racing Speeding 50km/h+	6 points 7 day licence suspension 7 day vehicle impound One year licence suspension Maximum fine $10,000 Jail up to 6 months 100% Insurance increase

Speeding Tickets Affect Your Licence

speeding tickets can affect your insurance.
at 9 demerit points the Ministry of Transportation will require the driver to attend for an interview to see why the driver’s licence should not be suspended.
at 15 demerit points the driver receives a mandatory 30 day licence suspension
novice drivers are suspended for any accumulation of four or more demerit points
any suspension would increase insurance 100% Probationary Drivers – G1 & G2 Licence Holders

Speeding tickets affect your insurance,
any 4 point speeding ticket means a 30 day licence suspension,
subsequent suspensions for six (6) months,
probationary drivers are not allowed to accumulate 6 demerit points, and
Any suspension would increase insurance 100%.

TIPS & TRICKS

How to Fight a Speeding Ticket?

Generally; For anyone hoping to lower their chances of receiving the maximum fines and demerit points in court, hire a skilled paralegal for tickets is usually the best course of action.

Keep the following points in mind:

-Every situation is unique. Therefore, you cannot base your defense and strategy that your friend's speeding attorney or paralegal employed to assist them When it comes to administrative work, the actual procedure is basically the same, but the real magic lies in applying the best strategy or approach for each unique circumstance.
-In most cases, a ticket option must be filed with the court within 15 days of the incident. In order to request a meeting with the prosecutor or a trial date
-Many people assume that by attending the trial, their speeding ticket will automatically be dismissed, thereby reducing their demerit points. However, once a police officer arrives in court, prosecutors are required to proceed with the trial, and contesting a speeding ticket may have unfavorable consequences for your future driving record.
-You should request or obtain the police officer's evidence that will be used in court to prove your guilt of speeding before your early meeting with the prosecutor.

Step 1

File a traffic ticket with the appropriate court to set up a Trial Date or meeting with a prosecutor to discuss a possible reduction of your speeding ticket to a lower reduced speed, resulting in fewer or no demerit points. Keep in mind that fighting a speeding ticket requires at least 2-3 court appearances, which for most people means taking time off from work. However, as previously stated, you can retain the services of a legal professional who can represent you in court.

Step 2

Show up at trial. Prepare to be questioned about every detail from the day you were caught speeding. Also, be prepared to ask the police officer questions about relevant facts about your speeding ticket that will allow you to draw conclusions proving that the events in your case may have been different than what the officer suggests.

Defences for Speeding

There are just two options for defending against an absolute liability offense like receiving a speeding ticket. However, be aware that each of these justifications must meet a very high standard of proof. They are as follows:

1. “A dark car was following me through a dark alley, and I felt like my life was in danger.”

2 – The only way to increase someone’s chances of survival was to break the law and move quickly, since you were the only one who could have potentially saved their life. You must have felt that since you were saving someone else’s life, violating the speed limit was far more important than actually breaking the law.

e only person who could have potentially saved a person’s life and there were no other alternatives but to break the law and speed to maximize their chances of survival. The importance of breaking the speeding law must have been far greater than the actual act of speeding because you helped to save another person’s life.
Hiring a lawyer to fight a speeding ticket, might be an investment that will be repaid a hundredfold in the future (both time and money).

dont be clishee

Remember, courts have heard it all: “I was speeding because I needed to use the restroom and had a sick stomach” or “I was assisting in driving a sick friend to the hospital.”

discover more

Pricing Plan

Our Pricing Plan

RioLaw fee is

Free Case Review

$0.00

It never costs you anything to obtain a free consultation and personalized quote.

Hourly Rate

$199/Hour

It is a good option for complicated Cases and Ticket where needs more cautions

Flat Rate (FIX FEE)

from $249 / and UP

pays a fixed price for a service, regardless of how long it takes for Ticket Case to be complete.

FAQ

How to get out of a speeding ticket?

Don't go to court alone; hire a professional paralegal.

Working with an experienced speeding ticket paralegal is the best option for anyone. We know court procedures and laws related to speeding, so working with us will reduce your chances of receiving maximum fines and demerit points in court. We fight hard for the best possible outcome.

SPPEDING TICKET Read More »

PARALEGAL LICENSING EXAM PREPARATION

Preparation Paralegal Licencing Exam Material & Course

Do you looking for a reliable and fast way to study

We provide preparation material for the paralegal licensing exam, also we provide a private tutorial class that fits and is tailored based on your needs.

ATTENTION

we don't guarantee your result in the licensing exam but we can facilitate your way to reach a success

The preparation material is brief original material which is short and you can find an answer to the topic there then you can refer to the law society material book fast and it will help you pass a licensing exam.

price of the Preparation material book is $2000 plus HST
A private class is $150 plus HST for each class is 1.15 hour

Preparation material book is $2000 plus HST

A private class is $150 plus HST

Fast is fine but Accuracy is everything

WYATT EARP

PARALEGAL LICENSING EXAM PREPARATION Read More »

Notary_Rate

1 Comment / notary, Traffic / admin

Price list

We are committed Affordable Fee as our Target

Notarization and Commissioning

Including: Statutory declarations, affidavits, letters and certified and much more…

in person Services

The first notarization costs $35 (including the notary’s stamp and signature), and each additional costs $20

online Services

The first notarization costs $30 (including the notary’s stamp and signature), and each additional costs $20

mobile Services

The first notarization costs $35 (including the notary’s stamp and signature), and each additional costs $20

Transportation fee is started from $70 to $110 available all entire Greater Toronto Area

Authentication and Legalization

Authentication

$100 and up
Plus any applicable Official Document Services fees
Plus shipping costs and any applicable Global Affairs Canada fee

Legalization

$125 and up
Plus shipping costs
Plus any applicable consulate / embassy fees

Additional Witnesses

We can provide the witness If your document requires a witness in addition to the notary

Witnesses

$35

Mailing Services

Your notarized documents can be shipped to a third party anywhere in the world, including Canada and the United States.

mailing/shipping

$20 plus the cost of mailing / shipping

Holiday Service

we open by appointment only for Statutory and all other type of holiday

appointment on holidays

$30 we are available on holidays ($30 extra fee is for accommodation)

Notary_Rate Read More »

Stunt_Driving

1 Comment / Traffic / admin

Stunt Driving In Ontario

In Ontario, stunt driving is unlawful. Additionally, it’s really risky. The consequences of being detected can include expensive fines and changes to your vehicle insurance. Despite the fact that the rule has been there for a while, many drivers aren’t clear about what constitutes a violation or what the consequences are.

Knowing what the government is doing to safeguard communities and how you can drive more safely is crucial as the numbers rise.

Updates to Ontario's Stunt Driving Regulations in July 2021

The MOMS Act (Moving Ontarians More Safely Act 2021), which goes into effect on July 1, 2021, has included new regulations to address reckless driving and enhance road safety. With this new legislation, drivers who participate in street racing and stunt driving will face extended license suspension and impoundment terms.

The most recent fees, fines, and punishments for stunt driving are listed below:

Drivers who are caught engaging in street racing or stunt driving now face immediate penalties of a 30-day license suspension and a 14-day car impoundment, up from the previous seven-day maximum.
Stunt driving charges will be brought against anyone caught going more than 40 km/h over the speed limit where the top speed is less than 80 km/h.
a fine of at least $2,000 and possibly much more

we accept HTA offences

What Recognizes as Stunt Driving?

Stunt driving is the act of excessive speeding, street racing, competition, and participating in risky driving techniques while operating a motor vehicle on a road or highway in Ontario. Driving is reckless and endangers other people. Even for a first offence, there are severe penalties.

There was a 35% rise in speeding fines between March 15 and March 31, 2020. A total of 65 tickets were given out to motorists who exceeded the speed limit by more than 50 km/h.

It’s crucial to understand that driving stunts don’t just involve speeding. With springs, styling upgrades, or high-performance motors, drivers add illegal or enhanced automotive modifications to maximise performance.

The Ontario Highway Traffic Act’s Section 172(1) states the following:

“No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager.”

The several driving manoeuvres that fall under the category of stunt driving are as follows:

Here are the many different driving actions that fall within the stunt driving category :

50 km/h or more over the speed limit where the limit is above 80 km/h.
40 km/h or more over the speed limit where the limit is 80 km/h or less.
Driving at a speed of 150 km/h or more.
Tire squealing, burnouts, or driving with the intention to cause some or all tires to lose traction.
Cutting off another driver intentionally or driving too closely.
Doing doughnuts, drifting, or driving a vehicle with the intention to spin.
Not allowing other vehicles, cyclists, pedestrians to pass, change directions, or have the right of way.
Driving your vehicle while not in the driver’s seat (known as ghost riding the whip).
Driving with a person in the trunk of your vehicle or an extra seat.
Driving without regard for road conditions and driving circumstances.
Popping wheelies or driving with the intention to lift some or all your tires from the surface.
Careless driving without reasonable concern or attention for others or endangering others.

Even though you may not be performing stunts or racing, you can still face penalties related to stunt driving, including hitting the gas heavy when the light turns green and making a left before the other cars come through.

What would happen and what consequences If You were Found Guilty of Stunt Driving?

If you are convicted of stunt driving in Ontario, you could face the following driver’s license suspensions :

First offence : minimum of one year but up to three years.
Second offence : minimum of three years but up to 10 years.
Third offence : lifetime suspension that may be reduced later — to be established by regulation.
Fourth and subsequent offences : lifetime suspension.

As of January 2022, the Ontario government added $250 for a first offence, $350 for a second and $450 for a third within five years when motorists lose their licences.

Stunt driving is typically not a crime or a violation of the criminal code because it is covered by the Highway Traffic Act. However, it is still a very serious offence, and depending on the accident and the circumstances, you can be charged, fined, and sentenced to jail.

What Is Toronto's Street Racing Fine?

The practise of racing cars or motorcycles on public highways is known as “street racing.” In Toronto, street racing is a common occurrence at all hours of the day and night. The Gardiner Expressway, Spadina, and Don Valley Parkway also appear to be popular urban racetracks.

In the Greater Toronto Area in just one month of 2019, 304 drivers were charged for street racing on 400-series freeways. Police detained 19 persons in connection with street racing in North York during the outbreak.

Street racing in Toronto can result in penalties for stunt driving, including licence suspension, car seizure, and fines starting at $2,000, as well as other penalties.

Stunt_Driving Read More »

En_Immigration_Refugee_define

Leave a Comment / IMMIGRATION, Traffic / admin

Refugee Protection Division

Overview of Refugee Claims before the Refugee Protection Division

The Refugee Protection Division is a tribunal branch of the Immigration and Refugee Board. The Refugee Protection Division hears matters from individuals claiming protected person status. Claims can be made at an IRCC or CBSA office in Canada or a Port of Entry, such as an airport or border. You may also make a claim from outside of Canada, but such claims are not processed by the Refugee Protection Division, they are processed by IRCC. Claims for refugee status are made under two categories: a convention refugee or a person in need of protection.

The first step is the intake in which the CBSA officer will determine eligibility for a refugee claim, including ensuring you are not inadmissible. A Basic of Claim (BOC) form that details all the information of the claim is made with the same significance and effect as a statement made under oath (although changes and/or additions to the BOC form can be at a later date, but material changes may lead to adverse inferences). Documents to establish identity as well as evidence to support the claim will be required. Where that information cannot be produced the claimant will be asked to explain why and what steps were taken to obtain the evidence.

If a claim is made at a port of entry the original BOC form must be provided to the Refugee Protection Division within 15 days from when the claim is made. If the claim is made in-land, the BOC form must be submitted to the officer before whom the claim is made. The officer has 3 days to determine if the claim is eligible for referral to the Refugee Protection Division. Where the officer fails to make a determination within 3 days, the claim is considered eligible. The CBSA officer may suspend the assessment if a report is made alleging inadmissibility concerns on grounds of security, violating human or international rights, serious criminality, organized criminality or the officer is waiting for the Court to make a decision on an offence the claimant has been charged with that carries a maximum sentence of 10 years or more. If the claim is found eligible, the claimant will be allowed to remain in Canada for the duration of the processing of the refugee claim.

Upon claiming protected person status, the claimant must appear for a hearing and has the burden to establish that the claimant is a convention refugee or a person in need of protection (although it is possible that the Minister grants refugee status without a hearing before the Refugee Protection Division).

ATTENTION

in some cases, other laws and regulations must be applied Contact us for more information

Convention Refugees

A convention refugee is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they have a well-founded fear of persecution based on:

a) Race

b) Religion

c) Nationality

d) Political opinion

e) Being a member of a specific social group

Person in need of Protection

A person in need of protection is someone who has proved to the Refugee Protection Division that they are unable or unwilling to return to their country of origin or country of previous residence because they would personally be subjected to danger, torture or a risk to their life or a risk of cruel and unusual punishment regardless of where they are in the country. This does not include risk that is a product of the country’s inability to provide adequate health or medical care.

Whether you claim refugee as a convention refugee or a person in need of protection, you must provide the Refugee Protection Board with sufficient evidence and/or be credible in your testimony to prove your claim.

Am I eligible to make a claim?

You cannot make a claim for Refugee status in Canada if you:

a) Have already been granted refugee status in Canada or another country

b) Have been refused previously for refugee protection in Canada

c) Have had a prior claim that was determined to be ineligible, withdrawn or abandoned

d) Have committed crimes including, but not limited to, war crimes, crime against humanity, serious crimes outside the country of refuge or other acts that are contrary to the principles of the United Nations

The Safe Third Country Agreement (STCA) is an agreement between Canada and the United States that mandates that those claiming refugee must claim it in the first country that they arrive in before crossing the border and claiming it in the second country. There are exceptions to this rule.

The first is if the person making the claim has a family member who is in Canada and is a citizen, permanent resident, holds a work or study permit or is over the age of 18 and has an active Refugee matter before the Immigration Refugee Board. The second exception is for unaccompanied minors, which include people that are under the age of 18 and are not accompanied by parents or guardian, spouse or common law partner and do not have parents or a guardian in Canada or the United States. The third exception is Document holder exceptions which include people who have valid Canadian visas, study or work permit, travel document issued by Canada or do not require a visa to enter Canada but require one to enter the United States. The last exception is for people who fall under the public interest exception. This category applies to people who have been convicted of a crime that holds the death penalty as a potential sentence. It is important to note that even if you meet any of these exceptions, you must prove that you are eligible for a refugee claim in Canada by meeting all the other requirements.

What happens after the Refugee Protection Division hears my claim?

After the hearing at the Refugee Protection Division, a claimant will be granted status as a protected person if the panel has found that the claimant is a convention refugee or a person in need of protection or be refused and then the conditional removal order will become effective within a designated time period unless an appeal is made to the Refugee Appeal Division and/or other steps under the law. If you are granted status as a protected person, you may apply for permanent residency. If your claim has been refused, you may appeal to the Refugee Appeal Division. It is important to note that if the Refugee Protection Division grants refugee status to an individual, the Minister retains the right to file an appeal to the Refugee Appeal Division if they believe the Refugee Protection Division erred in their decision.

If you have been granted permanent residence status, it is important to note that the Government may make an application to revoke your status as a refugee for any of number of reasons, including travelling back to the country of refuge, obtaining and using a passport from the country of refuge, re-establishing yourself in the country of refuge and/or the reasons for which the person sought refuge have ceased. Your refugee status may also be vacated if you have been found to have misrepresented when you made your claim. For more information on refugee cessation matters, we encourage you to contact a legal professional.

In all, the steps for a refugee claim are as follows

i) File a Refugee claim in Canada

ii) An officer determines if you are eligible to make a claim and a BOC form is filled out

iii) Your claim is referred to the Refugee Protection Division and a hearing is scheduled if you are found to be eligible

iv) An appearance is made before the Refugee Protection Division. A decision is made or held in reserve

v) Protected person status is granted

vi) Refugee claim is refused and a removal order is issued

vii) Claimant leaves country or files an appeal to the Refugee Appeal Division and or other steps under the law, if eligible

It is important to note that if you are not eligible to file an appeal to the Refugee Appeal Division, you may file an Application for Leave and Judicial Review to the Federal Court.

$Represent your case and defence it starting from $3,500

PROFFESIONAL & REASONABLE

Fast is fine but Accuracy is everything

WYATT EARP

What to do next?

If you believe you may be a convention refugee or a person in need of protection, have already made a claim for refugee status or have been refused for refugee status, and would like assistance, we encourage you to contact us!

En_Immigration_Refugee_define Read More »

Traffic_careless_Driving

10 Comments / Traffic / admin

Careless Driving

Overview

Demerit points are applied only after the ticket is paid to the drivers license or insurance

Careless driving is the act of operating a vehicle without due care or consideration for other drivers. some common examples are as follows:

A motor vehicle collision.
Tailgating another vehicle while driving.
Passing another vehicle in an aggressive manner.
Failing to yield to pedestrians on a crosswalk.
Using your cell phone or portable navigation device while driving.
Performing a burnout.
Failing to yield to the right of way of another vehicle.
Eating or drinking while driving a vehicle.
Overtaking and forcing your way into a line of vehicles waiting to turn or exit.
Applying make-up while driving.

As of September 1, 2018, there has been an update to the charge of Careless Driving in Ontario, and it has been divided into two versions.

1. Careless Driving NOT Causing Bodily Harm or Death

The definition as per the Highway Traffic Act:

- 130 (1) “Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.”

Penalties For Careless Driving NOT Causing Bodily Harm or Death are:

Type of Penalty	Details
Demerit Points	6 Demerit Points
Fine	$400.00 To A Maximum Of $2,000.00
Jail Sentence	Up To Six (6) Months
Licence Suspension	Possible Two (2) Year Suspension
Novice Drivers Licence Suspension	Automatic Suspension
Insurance	Increase Or Cancellation Of Policy

2. Careless Driving Causing Bodily Harm or Death

The definition as per the Highway Traffic Act:

130 (3) “Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.

Penalties For Careless Driving Causing Bodily Harm or Death are:

Type of Penalty	Details
Demerit Points	6 Demerit Points
Fine	$2,000.00 To A Maximum Of $50,000.00
Jail Sentence	Up To Two (2) Years
Licence Suspension	Possible Five (5) Year Suspension
Novice Drivers Licence Suspension	Automatic Suspension
Insurance	Increase Or Cancellation Of Policy

If you are found guilty, you will be assessed a total of six (6) demerit points to your driver’s licence. The amount of demerit points stays the same whether you are charged with either Careless Driving not causing bodily harm or death or you are charged with Careless Driving causing bodily harm or death. If you are having trouble understanding how demerit points work, our article on The Demerit Point System explains it all in full detail.

How Long Does Careless Driving Stay on Record In Ontario?:

A Careless Driving ticket in Ontario will stay on your driving record for a total of (3) three years from the conviction date. The conviction date is either the date in which you are found guilty in court or the date you choose to pay the ticket before court.

Careless Driving Ticket – Fine

Careless Driving Fine:

A minimum fine of four
hundred ($400.00) dollars.
A maximum fine of fifty thousand ($50,000.00) dollars.

Careless Driving Demerit Points:

Assessed a total of six (6) demerit points.

Careless Driving Penalty:

Serious charges can carry a jail sentence of up to two (2) years.
Possible five (5) year licence suspension if convicted.
Increased or cancellation of your insurance policy.
Automatic license suspension for G1, G2, M1, and M2 licence holders if convicted.

Careless Driving NOT Causing Bodily Harm or Death

Minimum Fine – $400.00
Maximum Fine – $2,000.00

Careless Driving Causing Bodily Harm or Death

Minimum Fine – $2,000.00
Maximum Fine – $50,000.00

Is Careless Driving a Criminal Offence In Ontario?

In short, NO. Although, the offence of Careless Driving permits a penalty of jail time, that does not make it a criminal offence. This is due to the fact you are being charged under the Ontario Highway Traffic Act and not the Criminal Code. So, you will not be given a criminal record if you are found guilty of either Careless Driving not causing bodily harm or death or Careless Driving causing bodily harm or death.

If the police would like to proceed criminally with a traffic related offence, you would be charged with Dangerous Driving. Dangerous operation of a motor vehicle reads as follows under the Criminal Code:

“Operating a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place”

Regular Ticket VS. Summons

Beyond the two versions of Careless Driving Ontario, there are two versions of traffic tickets that you can receive.

1. You can receive a traffic ticket that has a set fine, which means that it is your choice if you wish to fight the ticket in court.

2. The second type of traffic ticket is one without a set fine; a court date is written on the ticket, you are required to attend court and answer to the charges against you. This type of ticket is better known as a summons.

Types of Careless Driving Tickets in Ontario

There are three types of Careless Driving Tickets that you can receive:

Careless Driving with an accident.
Careless Driving without an accident.
Careless Driving causing bodily harm or death.

In order to determine what version of Careless Driving you have been charged with, you will need to look at the section number on the ticket.

If you have been charged with Highway Traffic Act 130 (1), this means that you were charged with Careless Driving with an accident or Careless Driving without an accident.

If you have been charged with Highway Traffic Act 130 (3), this meanas that you were charged with Careless Driving Causing Bodily Harm or Death.

While the definitions of Careless Driving are extremely broad, there is a reason for this. The charge was created with the intent of being used in almost any situation. For this reason, it is classified as an umbrella or default charge. This is why it is one of the most common charges under the Highway Traffic Act.

In hopes of further defining the charge, the Act now specifies what reasonable consideration means.
It reads as follows:

“A person is deemed to drive without reasonable consideration for other persons using the highway if he or she drives in a manner that may limit his or her ability to prudently adjust to changing circumstances on the highway.”

While the intention was to define this charge in further detail, it has actually made it less specific. The definition uses the word “may”, which implies that something could potentially happen. This already broad charge, has now become more vague.

Impact Of Careless Driving On Your Insurance

Every insurance company treats a Careless Driving ticket in Ontario their own way. It is without a doubt that your insurance rates will rise if the Court of Law finds you guilty of this offence. Additionally, if you are younger there is a high probability that you will see a larger increase than others. It is also likely that this increase would continue for a period of 3 years while the traffic ticket is currently on your record.

Although you have been charged, that does not mean your insurance rates will go up right away. Depending on how regularly your insurance company checks your policy to see if you have received a traffic ticket, there is the possibility you might be able to avoid an increase for a small period of time or all together.

How To Get A Careless Driving Ticket Dismissed In Ontario

Fight it! This is the only option you have if you want your ticket withdrawn or dismissed. Here are your six steps to follow:

1. Don’t plead guilty or pay the ticket.
2. Select option three on the ticket and take it to trial.
3. File your ticket with the court within 15 days.
4. Request the disclosure or officer’s notes.
5. Prepare for trial.
6. Attend your court date prepared and ready to fight your careless driving ticket.

Remember, you have the legal right to go to trial and view all the evidence against you. The courts must prove you committed this act beyond a reasonable doubt; if they don’t, that’s grounds for dismissal. The advantage of taking the matter to trial is that the ticket and demerit points do not go on your record during that period. Only if you are found guilty will the ticket and demerit points be added to your driving record.

Your best chance at getting the ticket withdrawn or dismissed would be hiring a legal representative and taking the matter to trial.

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DEMERIT POINT

64 Comments / Traffic / admin

DEMERIT POINT

Overview

Demerit points are applied only after the ticket is paid to the drivers license or insurance

The Demerit Point System in Ontario is a way for the Ontario Ministry of Transportation to monitor your driving. All individuals who drive a vehicle in Ontario are subject to this system only when they are convicted of an offence under the Highway Traffic Act. The system is in place to encourage drivers to continue to improve their driving ability and ensure that drivers in Ontario are not abusing their privilege to drive.

Demerit points are added (not lost), if you are found guilty of a traffic ticket offence. The amount of points you gain vary per charge. If you obtain too many demerit points, there is a possibility you could lose your licence.

You start with zero (0) points and go up to fifteen (15). A demerit point will stay on your record for a maximum of two (2) years from the offence date. Once two (2) years has passed, they will automatically be removed from your record.

Don’t assume that if the demerit points are not written on the ticket, there are no points associated with the charge. Police officers and the courts are not affiliated with the The Ministry of Transportation and therefore are not required to tell you or write on the ticket how many demerit points are associated with that charge.

If you receive a ticket in:
1. Other Canadian Provinces and Territories.
2. The State of New York.
3. The State of Michigan.
Demerit points can be assessed to your licence.

What Happens If I Get Out Of Province Demerit Points?

Ontario Demerit Points Chart

The definition as per the Highway Traffic Act:

- 130 (1) “Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.”

Penalties For Careless Driving NOT Causing Bodily Harm or Death are:

We have listed below some of the most common charges laid by police officers and the amount of demerit points attached to them.

Description Of Offence	Demerit Points
Failing to Remain at the Scene of a Collision	7
Failing to Stop When Signaled or Asked by a Police Officer	7
Careless Driving	6
Stunt Driving	6
Failing to Stop for a School Bus	6
Speeding: Exceeding Speed Limit by 50 km/hour or more	6
Fail to Stop at Railway Crossing	5
Speeding: Exceeding the Speed Limit by 30 to 49 km/hour	4
Following too Closely	4
Fail to Yield to Pedestrian	4
Speeding: Exceeding the Speed Limit by 16 to 29 km/hour	3
Driving While Holding or Using a Hand-held Wireless Communications Device	3
Unsafe Move – Lane or Shoulder	3
Driving Through, Around or Under a Railway Crossing Barrier	3
Driving the Wrong Way on a Divided Road	3
Driving or Operating a Vehicle on a Closed Road	3
Failing to Yield the Right-of-Way	3
Disobey Stop Sign	3
Failing to Obey a Traffic Control Stop/Slow Sign, Traffic Light or Railway Crossing Signal	3
Failing to Obey the Directions of a Police Officer	3
Failing to Report a Collision to a Police Officer	3
Failing to Slow and Carefully Pass a Stopped Emergency Vehicle or a Tow Truck With its Amber Lights Flashing	3
Failing to Move, Where Possible, Into Another Lane When Passing a Stopped Emergency Vehicle or a Tow Truck With its Amber Lights Flashing	3
Improper Passing	3
Improper Use of a High Occupancy Vehicle Lane	3
Going the Wrong Way on a One-way Road	3
Crowding the Driver’s Seat	3
Improper Right Turn	2
Improper Left Turn	2
Improper Opening of a Vehicle Door	2
Prohibited Turns	2
Towing of Persons on Toboggans, Bicycles, Skis, etc.	2
Unnecessary Slow Driving	2
Backing Up on Highway	2
Failing to Lower Headlamp Beams	2
Disobey Sign	2
Failing to Stop at a Pedestrian Crossing	2
Failing to Share the Road	2
Failing to Signal	2
Driver Failing to Wear a Seat Belt	2
Driver Failing to Ensure Infant/Child Passenger is Properly Secured	2

Ontario Speeding Tickets and Points

Determining the amount of demerit points you receive is reflective of how fast you were traveling.
The faster you were traveling, the more demerit points will be assessed.

Speed Range	Demerit Points
0 to 15 km/hour Over Speed Limit	0 Demerit Points
16 to 29 kh/hour Over Speed Limit	3 Demerit Points
30 to 49 km/hour Over Speed Limit	4 Demerit Points 30 Day Suspension for G1 and G2 Drivers
50 km/hour Over Speed Limit	6 Demerit Points 30 Day Suspension for G1 and G2 Drivers
Stunt Driving or Racing	6 Demerit Points 30 Day Licence Suspension 14 Day Vehicle Impound Minimum Fine of $2000 Maximum Fine of $10,000 Minumum 1 Year Licence Suspension Max 6 Month Jail Time

Sturino Walker Legal will take the worry out of your traffic tickets and ensure your record stays clear.

It would be a privilege if you allowed us to be your representative.

G1 and/or G2 Drivers (Novice Drivers):

As a novice driver you face different consequences.

2-5 Demerit Points:
• You are sent a warning letter.
• Likely that you will have to attend an interview hearing to discuss your driving record

6-8 Demerit Points:
• Your licence could be suspended.

30 Day Licence Suspension:
• Convicted of a four (4) or more demerit point traffic ticket.
• Convicted of a graduating licensing requirement.

60 Day Licence Suspension:
• You receive 9 or more demerit points.

Graduated Licensing Requirements

G Class Drivers:

As a fully licensed driver you can accumulate a total of 15 demerit points.

2-8 Demerit Points:
• You are sent a warning letter.

9-14 Demerit Points:
• Your licence could be suspended.
• May have to attend an interview to discuss your record.

15 or More Demerit Points:
• You are given a 30 day suspension.

DEMERIT POINT Read More »

traffic_drink_and_driving

1 Comment / Traffic / admin

Drink & Driving

Overview

Being charged for drinking and driving is certainly not a pleasant situation, especially if you are a first-time offender. You may not know what to expect or how to proceed with a first offence DUI.

This is further complicated by jurisdiction, and provincial, which means that local representation is an essential factor in your defence. You will need a law firm that is familiar with the DUI laws specific to your jurisdiction.

Driving Offences

There are a couple of charges that qualify as a driving offence, commonly called DUI (driving under the influence).

These include Impaired Driving, Over 80, failure or refusal to perform physical sobriety tests or give breath or blood samples. This also includes Impaired Driving charges connected to driving under the influence of alcohol and/or drugs.This is noteworthy because as Canada moves to legalize marijuana, it will implement new changes to existing DUI laws. Marijuana consumption trends are changing, and with it the way in which people interact with and interpret the law.

Just the mere fact of sitting behind the wheel in a drunken state can have consequences in the form of a criminal record or license suspension, even if there was no intention of driving the vehicle. The Crown has to prove that you were under “care or control” of the vehicle while your abilities were impaired by alcohol. This can happen in cases where you have your car keys with you and you are in the front seat and the car is not moving. Even if your engine is not turned on, you can be convicted of impaired driving. Furthermore, if you fall asleep in the driver’s seat you are still considered to be in control of the vehicle

Drunk Driving vs High Driving

Drunk driving or driving under the influence of drugs is a crime, but what defines a DUI (Driving under the influence) or DWI (Driving while intoxicated)? The infographic bellow explains what is considered illegal in both Canada and the USA, and what are the differences.

While major policies are being discussed, Canada can look at how states such as Alaska, Colorado, Washington, Washington DC, and Oregon are implementing their existing laws and regulations on impaired driving. Can Canadian and US driving laws serve as a Canada’s marijuana manual on creating laws for drug-impaired driving? If the information and trends in the above infographic are anything to go by, we can very well see Canada constructing a similar legal framework in the near future.

Measuring alcohol levels and drug usage

Both Canada and the US drivers first have to take a breathalyzer test, which can determine level of alcohol in a person’s system.

By passing the breathalyzer test in the US, the driver also has to place an absorbent swab in their mouth and chew on it or touch it on their tongue. In some states (Colorado, California etc.) if an officer pulls over a driver suspected of driving under the influence of marijuana, the driver must take a sobriety test (“horizontal gaze nystagmus test”, “walk and turn test”, “one-leg stand”). The officer orders the driver to provide a blood, breath, or urine test. Also, police officers are using saliva drug test which can detect THC, meth, methadone, cocaine, and several other prescription medications.

In Canada, Police are currently testing roadside oral fluid drug screening devices. If suspected, drivers has to undergo a Standardized Field Sobriety Test (SFST).

When can you be charged with DUI?

There are 1,000 out of 50,000 DUI charges in Canada laid for driving under the influence of drugs each year. 50,000 people are arrested for drunk driving every year. Currently, you can be charged with a DUI if you were in control of a vehicle, even if you weren’t driving it. You can get DUI charge by either having a blood alcohol concentration at or over 0.080%, or by showing signs of impairment. In the USA, about 1,000,000 people get charges for drunk driving. Similar to Canadian laws, you become a DUI offender and can get a DUI charge if your blood alcohol level is above 0.08%.

What Is the Legal Limit for Blood Alcohol Levels? How Much Can I Drink Without Getting Charged With DUI?

You can still probably have a drink or two as long as you don’t hit the limit for blood alcohol level which is 0.05 in Ontario if you have a full G license. Ontario is one of the provinces that has “warn range” laws. So if you have between 0.05 and 0.08 you will lose your license for 3 days and you will need to pay the associated fines. The fines for the warn range are usually up to $180 (administrative monetary penalty) .

If this happens to you more than once, and you get one more warn range charge within a 5-year period, you could lose your license for 7 days. In addition, you will have to attend an alcohol treatment program and to pay a $180 penalty.

If it happens that in the same 5-year period you get charged for a third time, you will lose your license for 30 days, be required to pay a fine in the amount of $180, attend an alcohol treatment program and install an interlock device for a 6-month period.

More serious DUI Ontario charges can be laid if your blood alcohol level is over 0.08.

What Are the Ramifications If I Hit the Limit of 0.08?

You will immediately get your license suspended for 90 days, your vehicle will be impounded and you will have to pay the same amount of money as for the warn range – $180. If convicted for impaired driving, first time offenders can expect to face the following penalties: $1000 fine, 1-year license suspension, required use of an interlock ignition device for at least one year and attendance at an alcohol treatment program.

If convicted and you are a second-time offender, apart from the mandatory alcohol treatment program, you can expect the following penalties: a 30-day minimum jail sentence, license suspension for 3 years and when you get your license back you will be required to equip your vehicle with an interlock ignition device for an additional 3 more years. Moreover, you will likely be fined in an amount determined at the discretion of the judge.

If convicted for impaired driving more than two times, the penalties are harsher: the minimum jail sentence is 120 days and your license can be suspended for a lifetime, although in some cases this penalty can be reduced to 10 years. You will also be fined in an amount determined by the discretion of the judge and have the lifetime requirement to drive a vehicle with an interlock ignition device

What are the penalties for impaired driving?

For drunk driving in Canada,

A first-time offender should pay the fine of $1000. In addition to that, a person charged with DUI should pay a monthly fee for installing an ignition interlock device in his/her vehicle, which is about $1,350.

Court costs can range between $2,000 and $20,000. A license reinstatement fee is $150. One should also expect to pay a minimum of $18,000 for the increases in insurance costs.

penalties range from monetary fines to jail (A $1000 fine + 12-month driving prohibition to 120 days in jail + 36-month driving prohibition) depending on whether there are previous sentences, but your license is often suspended. However, you can reclaim it under certain conditions. If you harmed a person physically, maximum jail sentence is 10 years. If you killed a person, maximum sentence is life in prison.

Meanwhile in the USA, the penalties for a DUI, DWI and OWI (operating while intoxicated) vary by state and jurisdiction. For a first or second offence, the penalties include: fines up to $5,000, loss of (or serious restrictions on) one’s driver’s license for 3-6 months possible jail time. As for drug-impaired driving, in Colorado the first conviction penalties are 9 month license suspension, 5 days to 1 year in jail, 48-96 hours of public service and fine up to $1000.

Can I Be Charged if I Refuse to Take the Breath Sample Test?

Yes, you can be charged with the offence of refusal or refusal to blow (criminal code 254(5), unless you have a reasonable excuse for not taking the test. It is interesting to note that the penalties for the refusal charge are the same as penalties for DUI charges: $1000 for first offence, 30 days jail sentence for the second, 120 days jail sentence for the third offence. In addition to that, you will get a criminal record for the first time offender.

What is considered as a reasonable excuse for not taking the breath sample test or breathalyzer test?

It depends on the particular situation, one reason may be considered reasonable in one case, whereas it won’t be considered reasonable in another. Some examples of reasonable excuses may related to a medical nature – different health issues that restrain a person from taking the test. There may be other reasons as well, but the general expectation is that one take the test.

What Is the Difference Between a Roadside Breath Sample Test and a Breathalyzer Test?

The roadside breath sample test is a screening device used by the police at the side of the road when they pull you over under suspicion that you were driving impaired. The breathalyzer test is carried out at the police station and it is more precise than the roadside test.

How Does a Breathalyzer Work?

A breathalyzer is an instrument used by police to define the specific quantity of alcohol in your breath. It uses infrared energy which passes through the breath sample which indicates the amount of alcohol. Some machines use 2 and others use 3 different infrared frequencies. Those machines that use 3 are more accurate, however they are not infallible.

What Are the Police Allowed to Do When They Stop My Vehicle?

The police can always ask to see your driver’s license and insurance. If the police suspect that you are driving under the influence you will be asked to take a physical sobriety test or a roadside breath test. They don’t have to wait for a lawyer before taking the test. However, if you are taken to the police station to have a breathalyzer test, the police will have to give you the right to speak to your lawyer before taking the test.

How to Behave With the Police?

It is important to keep in mind that refusal to blow into a breath test or agree to a blood test without a reason has the same consequences as blowing over 80. However, you are not obligated to tell the police how much you had to drink. You are free to remain silent.

Also, it is important to know that the police must use one of the official testing methods – trying to smell alcohol on you is certainly not an official way to reveal how many drinks one had. However, the police have a right to use all possible legitimate methods to establish if somebody was impaired while operating a vehicle.

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