Scarborough Lawyers

Our Scarborough Lawyers are available to help you with your legal issue today! Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Scarborough Lawyers.

We practice in family law, injury law, business law, and real estate law.

We are available to come out and meet you anywhere in Scarborough.

Our Scarborough Lawyers  can also meet you at any of the following five additional offices:

  • Vaughan
  • Collingwood
  • Downtown Toronto
  • Newmarket
  • Burlington

Scarborough Lawyers

Scarborough Lawyers – Injury Law

In most circumstances where people are hurt, they cannot get compensation for their injuries unless they can prove that someone else is at fault. The major exception to this rule is the workers compensation system.

If you are hurt in the course of your employment, you are entitled to compensation even if the accident was your fault or no one’s fault at all. But what happens if you are hurt in the course of your employment and it was someone else’s fault? Can you sue the person whose fault the accident was? As is often the case in law, the answer to a simple question is frustratingly complex.

If a worker is injured in the course of their employment by another worker or an employer also working in the course of their employment, they must claim under the workers compensation system and cannot bring a lawsuit.

For example, if your colleague accidentally dumps hot fryer grease on your hand, you have to claim workers compensation benefits and cannot sue your colleague or your employer.

On the other hand, in British Columbia, if you are injured during the course of your employment by a person who is not a worker or employer, or who is not acting in the course of their employment, then you have to choose between workers compensation and a lawsuit. For example, if you are a bike courier and are hit by a driving tourist, you get the choice.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Scarborough Lawyers.

Generally, the pro of choosing to go with workers compensation benefits is that you start getting benefits right away and you don’t have to prove that it wasn’t your fault. However, the workers compensation system does not compensate you for all of your potential losses.

Scarborough Lawyers

Bringing a lawsuit allows you to claim for all of your losses arising out of your injury, but also requires you to prove your injuries were someone else’s fault and it could take months or years to get any money at all.

Seem complicated? That’s because it is. If you have been injured and you are not sure how, or whether, the Workers Compensation Act applies to your situation, it is a good idea to talk to a lawyer about the circumstances of the injury to determine your rights.

Scarborough Lawyers – Family Law

When a couple who owns a home together separates or divorces, the question of who, if anyone, gets to keep the “matrimonial” or family home can be a significant issue.  Since it is impractical for both parties to stay in the home in the long term, one or both parties will eventually have to agree to move out.  Whether either party will retain ownership of the home after that depends on each couple’s unique goals and circumstances.

In most circumstances, the “matrimonial” or family home will be considered family property.  As such, if considered as a basic accounting matter, the issue of what will happen to it upon separation or divorce should be a simple one to resolve.

For instance, if the couple’s only financial asset is the home, it will have to be sold.  If there are additional family assets and the couple’s net worth is at least double the value of the home, then one of the parties may choose to keep the home.

Scarborough Lawyers

However, as is the case with most family law issues, the answer is often not that simple.

Call 1 844-618-8080 (toll free) or text 778-676-3808 to book your free 30 minute consultation with our Scarborough Lawyers.

The “matrimonial” or family home is often an asset of great economic value, but it also represents a number of other things for a couple.  For example, the home may represent certain goals, dreams, security and community, especially when there are children.  The loss of the home may result in a changed standard of living which can add to the emotional stress of the separation.

If the couple has children, the home may hold unique psychological significance for the children or there may be a desire that the children stay in the family home because of a perception that this may protect them from the impact of the relationship breakdown.  On an encouraging note, a move to a new home may raise positive emotions associated with opportunity and a chance to begin a fresh new life.

The family home may be a key card at play in negotiating and litigating family law cases.

Individual needs and goals differ and as such, what can and should be done with the family home after separation or divorce requires a consideration of each couple’s unique facts and circumstances.  Some of the factors that may be considered include:

  • the total value of the family assets;
  • whether one of the parties can afford to buy the other parties’ interest in the family home;
  • are the circumstances such that the couple should agree to rely on section 92 of the Family Law Act and reapportion the family assets;
  • will one party be liable to pay spousal support to the other party (if so, one may choose to pay this as a lump sum may and tie it into a deal relating to the family home);
  • if there are children, what will the impact of a move be on the children – it is in the best interests of the children to promote the welfare of the children and minimize the impact of separation upon them (how and if parents share parenting time may be a factor);
  • would it be significantly unfair in the circumstances not to order that one of the parties be granted possession of or interest in the family home, taking into account section 95 of the Family Law Act; and
  • is there any reason that the family home should be considered excluded property.If you are going through a separation or divorce, it is prudent to contact a competent family law divorce lawyer to explore your options relating to your family home and other family assets.
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