“ You have a legal issue
Gujral Law Office has a solution”

PRACTICE AREA


  • Practice in criminal law requires a defence lawyer who in addition to being hard-working, determined, and innovative also stands shoulder to shoulder with his client. In short a defence lawyer; who leaves no stone unturned and exceeds expectations in professionalism, more so in cases related to Youth matters; be they issues connected with

    Bail Hearing
    Bail Review
    Sentencing Hearing or
    Trials

    Arising out of but not limited to assault, domestic assault, sexual assault, motor accident, theft, robbery, exhortation, fraud etc. Gujral Law Office works with the client, family and their supporters to create a Release Plan that will satisfy the Court’s bail concerns to ensure the accused’s release with least restrictive conditions possible. In practice, having an experienced lawyer in bail court can make a difference between bail and jail.

    Gujral Law Office accepts Legal Aid Certificates.

    Legal Aid Certificates, which are issued by Legal Aid Ontario (LAO), entitles the hiring of a “free lawyer” for a qualifying client, who does not have the resources to employ one.

    At a bail hearing

    Generally, as a first step, the Crown presents the allegation to the Court by reading out the allegations found in the police synopses or by calling a witness (s), who usually would be police officer in charges of investigation to testify in the Court. After the allegations have been presented, the accused’s lawyer or duty counsel, as the case may be has a chance to present evidence by having the accused or one or more potential surety (or both) to testify in Court to try and convince the Court that, if released on bail, the accused will obey their bail conditions, either on their own or with the assistance of a surety (or sureties) to supervise them. After both sides have presented their evidence and arguments before the judge or the justice of peace, the latter then decides to either release the accused on bail or keep him/her in jail while they await their trial or rules on some other order (such as a guilty plea or a withdrawal of their charges).

    The decision of whether or not an accused gets out on bail will be based on all relevant facts, but most times the court will examine other factors like:

    The accused’s criminal record (if any)

    The severity of charges

    The ability of the surety to supervise the accused (if applicable)

    Protection of the public or the alleged victim

    The likelihood that the accused might commit further offences, if released

    The age and personal life situation of the accused

    The above list is indicative and factors looked into will vary according to the type of case and each individual.

    Responsibilities of a Surety

    Responsibility as a surety continues until the case is completely settled, howsoever long it may take. Accepting a fee in any form for acting as surety is against the law. Responsibilities of a surety include but are not limited to:

    Ensure that the accused attends court proceedings as per scheduled dates and is punctual.

    Ensure that the accused person obeys each/ all conditions of the bail order, also known as a recognizance.

    Conditions may require that the accused person reports to the police, obeys a curfew, not possess weapons, does not drink alcohol and / or communicates directly or indirectly with the victim or victim’s family. Even surety is also not to communicate on behalf of the accused person with the victim or the victim’s family.

    A person accepted as a surety must sign the recognizance, wherein he / she agree to pay a specified amount of money if the accused fails to obey any court order. A person can end his/her obligation as Surety with the permission of the Court.


  • Every time families get involved in a legal battle; it is both physically and emotionally stressful. However, at the Gujral Law Office, every effort is made to arrive at a legal settlement with a minimum amount of pain and suffering. The Office is well equipped to handle areas of family law, such as:
     
    Pre-nuptial Agreements
    Domestic Contracts
    Separation Agreements
    Divorce
    Spousal Support
    Child Custody and Child Support
    Access to Child / Visitation Rights

    Litigation becomes a necessary to resolve issues between the parties when they are unable to amicably reach a complete settlement or when one party is unreasonable or un-cooperative.

    Outline of Starting a Family Court Action

    Following is the procedure for initiating a Family Court action.

    Pleadings – Application, Answer & Reply, if necessary

    A family court action is commenced by filing with the court and serving the Application along with supporting material on the Respondent-other party. The Respondent has 30 days from the date of service of the Application to serve and file an Answer (Respondent’s response) along with its supporting materials. The Applicant may serve and file a Reply, if necessary, within 10 days of being served with the Answer to deal with any new issues raised in the Answer.

    First Court Appearance / Case Conference


    If the Application is commenced in the Ontario Court of Justice the first court appearance is called a First Appearance, where the parties attend before a Clerk of the Court to set a date for a Case Conference. However, in a case of urgency, such as if access to the children is being denied or if there is a danger that one party may leave the jurisdiction with the children, the first Court appearance before a judge is usually the Case Conference. A Case Conference is an informal meeting at the courthouse between the parties, their lawyers and a judge. The objective of the Case Conference is to encourage the parties to narrow down or settle some or all of the issues.

    If the issues are settled at the Case Conference the parties usually sign Minutes of Settlement and a court Order is obtained pursuant to the Minutes of Settlement. If all the issues are not settled at the Case Conference, then the court action continues to the next stage which is usually the Settlement Conference.

    Settlement Conference


    A Settlement Conference is held after a Case Conference in a court action. It is a second informal meeting with a judge. At the Settlement Conference financial disclosure is expected to be completed and the parties should be ready to engage in serious settlement discussions with mutual offers to reach a settlement.

    Motion


    During the course of a court case there are often several issues, such as support and custody, which must be resolved on a temporary basis prior to the trial. These issues may be dealt with by way of a Motion, if not earlier settled at a Case Conference or Settlement Conference or out of court. A Motion is a formal request by a party to the court to obtain a Court Order. The party bringing the Motion is called the moving party. The party responding is called the responding party. The moving party serves on the responding party and files with the court a Notice of Motion Form and an Affidavit setting out the facts in support of the Motion. The responding party may file an Affidavit in reply to the moving party's Motion and Affidavit. The responding party may also bring a Motion. Motions can be done on fairly short notice. Generally, no oral evidence is allowed at the hearing of a Motion.

    Questioning


    During the proceeding, the parties may ask the court for an Order for ‘Questioning’ also known as Examination for Discovery, which allows one party to question the other party under oath on any relevant issue in the proceedings. The parties will arrange a mutually convenient date, time and location for the Questioning. Once the Questioning is complete and all undertakings to provide further information and/or documents are complied with, the case can proceed to the next stage.

    Trial Management Conference


    Prior to trial being held, the parties must attend a Trial Management Conference. The parties and their lawyers appear before a Judge who will not be the Trial Judge. The Trial Management Conference is a final effort to encourage the parties to settle the issues or at least narrow the issues as much as possible. If the case does not settle, the amount of time required for the trial is discussed and a trial date is set.

    Trial


    If the Application is not settled at the Trial Management Conference, the parties proceed to Trial. At trial, witnesses may be called to present oral evidence. Each party has the opportunity to cross-examine all witnesses called by the other party. Once all the evidence is presented and the lawyer for each party has made closing arguments, the Judge will make his or her judgment. Sometimes the judge will make the decision at the end of the trial and sometimes the judge will take more time to consider the matter further and will render a decision later on.

    Costs


    Generally, the winning party in a court action, whether on a motion or at a trial, is awarded Costs. This rule has some exceptions. However, it is at the discretion of the Court to decide which party receives costs and how much.


  • In today’s competitive business environment, the corporate world needs to access dynamic and knowledgeable litigation lawyers to assist it in both external and internal business disputes. Today’s business world is filled with complex legal issues resulting in drawn-out legal problems which can result in valuable cost over-runs and precious time before anything even gets settled. Gujral Law Office offers various types of legal services, legal advice, and handles all types of commercial litigations, including but not limited to:

    Business Litigation
    Breach of Contract
    Internal disputes between partners and shareholders
    External disputes arising from business dealings or contracts
    Commercial Tenancies
    Corporate Formation and Restructuring
    Incorporate for Profit Business / Not for Profit Business
    Structure Simple Debt Financing Deal
    Amalgamation Corporations
    Amendment of Articles of Incorporation of Federal or Provincial Corporation
    ADR (Mediation and Arbitration)
    Contract Drafting and Review
    Contracts in National and International Law
    Various Personal Documentations and Notarization

    In representing clients, big or small, throughout the various stages of litigation, including pre-litigation, the Office always keeps a client’s goals in mind and works towards an efficient resolution of the matter. The Gujral Law Office’s goal is to ensure that not only the client’s business maintains its current success, but that it thrives well into the future. By drafting contracts and entering into agreements the Office also endeavours to make sure that the client’s vision becomes a reality by through its establishment and safeguarding it from harm for long-term growth. It also ensures that all business practices undertaken are in compliance with the Provincial and Federal laws of Canada, and all unnecessary litigations are negated.