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Identity Fraud

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Identity Fraud

Guess Who – Identity Fraud. The offence of identity fraud becomes more and more frequent in modern world and the state devotes a lot of resources in trying to combat it. Prior to 2010, section 403 of the Criminal Code which deals with identity fraud was called “Personation with Intent”. In January 2010, after amending legislation came into force, this section was renamed “Identity Fraud”, although its contents remained largely…

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Dangerous Operation

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Dangerous Operation of a Motor Vehicle

Dangerous Operation of a Motor Vehicle, ….. This offence is called “dangerous operation” because section 249 of the Criminal Code which contains it refers not only to driving a motor vehicle, but also to operation of a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada; an aircraft; and railway equipment….

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Criminal Harassment

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Criminal Harassment

Criminal Harassment. In 1993, the Government introduced section 264 of the Criminal Code intended to penalize conduct commonly known as stalking which is now referred to as criminal harassment.  The maximum punishment available for this offence is five years imprisonment.  What may be even worse though is the stigma associated with this offence.  People usually view stalkers as creepy, sick individuals (potentially even serial killers or rapists). Another important aspect…

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Divorce in Ontario

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Divorce in Ontario

A divorce in Ontario can only be obtained from the Superior Court of Justice. There are three preliminary issues with respect to any divorce: – does the court have jurisdiction over your divorce; – what are the grounds for your divorce; and – is your divorce contested or uncontested. In order for the court to have jurisdiction over your divorce, at least one of the spouses must have resided in…

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The offence of Fail to Remain or Fail to Stop.

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The offence of Fail to Remain or Fail to Stop.

The offence of Fail to Remain or Fail to Stop is more commonly known to the general public as “hit and run”. The law imposes three duties on anyone who has care, charge or control of a motor vehicle, vessel or aircraft which is involved in an accident with another person, vehicle, vessel or aircraft or cattle in the charge of another person.  Those duties are: stop the vehicle, vessel…

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Drug Offences and Defences

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Toronto Drug Offences and Defences

Drug Offences and Defences.  prosecutions of drug related offences are governed by the Controlled Drugs and Substances Act (CDSA) which was brought into force on May 14, 1997 and created a new scheme for the regulation of certain dangerous drugs and narcotics, now known as “controlled substances”.  The CDSA repealed and replaced the Narcotic Control Act and Parts III and IV of the Food and Drugs Act, and effectively consolidated…

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Marriage Contract

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Marriage Contract - Ernst Ashurov Family Law

As I always explain to my clients, you don’t need marriage contract while happily married, you only need it when things go wrong. Now that many people get married much later in life having accumulated certain assets which they do not want to share with their spouse if the marriage breaks down and when Internet dating and “mail order” brides and grooms become more and more popular, the properly prepared…

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Separation Agreement

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Separation Agreement - Ernst-Ashurov - Family Law

Separation Agreement. The truth of the matter is that you don’t necessarily have to end up in court if your marriage did not work out. There is only one thing in any divorce proceeding which only the court can give you and that is the divorce itself. However, all other issues which must be addressed before the divorce is granted, such as custody of and access to the children, child…

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Refusal to Provide Breath Sample

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Breathe Right Sample

Breathe Right Sample Under the simplistic understanding of the law, any person who refuses to provide a breath sample in response to the police officer’s demand without reasonable excuse is guilty of an offence…, or so it seems. First of all, there are two types of breath tests which a motorist may be required to provide.  First is a roadside test which occurs when the officer suspects that you operate…

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Impaired Driving.Why was I charged? I wasn’t even driving!

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drinking and driving offence

Impaired Driving. Over the years of my practice as a criminal lawyer, my clients have asked me this question on numerous occasions. The simple answer is that in order to be charged with drinking and driving offence, you don’t have to actually drive, it is sufficient that you are in what is called “care or control” of your vehicle.  This situation normally arises that the police stumbles upon a person…

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