Theft Over/Under Charges

Information about Theft over and under $5000 depending on the value of the amount alleged to have been stolen.

It is considered a “property offence” and it is not uncommon for an accused person to have multiple counts of theft alleged if the conduct accused of took place over a certain period of time. Theft charges usually involve retail theft, including shoplifting and price-switching, breach of trust situations involving employers, and large scale thefts involving vehicles or construction equipment.

These charges may sometimes be laid along with fraud charges. Depending on the circumstances of your case, your theft charge may be difficult for the Crown prosecutor to prove, or your constitutional Charter rights may have been violated during your arrest. As in all criminal cases, entering a plea of guilty to a fraud charge can have profoundly serious consequences. Having a criminal record may effect your work, your immigration status, your reputation, your family and your personal freedom.

Possible penalty for Theft Over $5000?

Section cc. 322.(1) of the Criminal Code of Canada provides, every one who is found guilty of Theft Over $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to ten years.

Possible penalty for Theft Under $5000?

Section cc. 322 of the Criminal Code of Canada provides, every one who is found guilty of fraud Under $5000 is guilty of an indictable offense that is punishable by a term of imprisonment up to two years, or in less serious cases, by an offence punishable on summary conviction.

Impaired Driving

What is impaired driving

Impaired driving means operating a vehicle (including cars, trucks, boats, snowmobiles and off-road vehicles) while your ability to do so has been compromised to any degree by consuming alcohol, drugs or a combination of the two.

Drugs and Alcohol affecting your driving

The Canadian Society of Forensic Science recently released a report stating that impairment from cannabis begins almost immediately and can last up to 6 hours or more, depending on factors such as THC levels and how it is consumed. Frequent high-dose THC users may experience even longer periods of impairment. However, since the effects of cannabis vary, there is no way to know exactly how long to wait before it is safe for you to drive. The best way to avoid impaired driving is to not take a chance. If you’re using cannabis, plan another way home.

Many drugs, even those prescribed by a doctor or purchased over-the-counter, can impair your ability to drive safely. For example, smoking, vaping or eating cannabis can increase your risk of being involved in a motor vehicle collision. If you are unsure of whether it is safe for you to drive while taking your medication, talk to your doctor or pharmacist.

Alcohol — even one drink — can reduce your ability to react to things that happen suddenly. The effects of alcohol also include blurred or double vision, impaired attention and slowed reflexes. Alcohol-impaired driving is one of the leading causes of death on Ontario’s roads.

Penalties for impaired driving if convicted

If police determine that you are driving while impaired you will face penalties immediately. You will also face additional consequences later if you are convicted in court. The penalties you face can vary depending on your age, licence type, the amount of alcohol or drugs in your system, and how many times you have been convicted.

How to avoid charges relating to impaired driving

The following are simple steps you can take to avoid driving while you’re impaired by drugs or alcohol:

  • Have a plan to get home safely. Have a designated driver, use public transit, call a friend or family member for a ride, call a taxi or ride share, or stay overnight.
  • Ask your doctor or pharmacist about side effects related to driving when using prescription medication.
  • Read the information on the package of any prescription drugs or over-the-counter medicine, including allergy and cold remedies.
  • Ask your doctor or pharmacist about how a prescription drug could affect you. Remember that combining drugs and alcohol together can impair your ability to drive more than using either one alone.
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Real Estate Buying and Selling

Do you ever wonder why your favourite movie stars always look so good? Or why your local coffee shop is always spotless and decorated for the season? The reason is simple; they have a team of professionals who meticulously arrange every detail.

Before you start wondering how this relates to your home-buying journey, think about all the professionals you have standing behind you as you search for your dream home. Besides your real estate agent, you have a whole team helping guide you home, including a real estate lawyer.

Duties a Real Estate Lawyer for the Buyer?

Buying a home is likely the most significant transaction you will make in your lifetime. This life-altering decision requires the support of professionals to make sure that every step of the process is followed, ensuring that every “i” is dotted and every “t” crossed.

The person that takes care of the dotting and crossing on every legal document is your real estate lawyer. If you’re new to the home buying experience, you probably know that you need a lawyer but may not be sure what role they play.

A real estate lawyer is necessary both for the buyer and seller. They ensure the transfer of ownership, outlining the terms of your purchase agreement and a clear title to the property. That is their role at the most basic; it goes far beyond, including the following:

  • Review the Agreement of Purchase and all other legal documents
  • Ensure there are no claims listed against the property
  • Arrange for Title Insurance 
  • Ensure you have a valid title upon closing
  • Ensure property taxes are paid and up to date
  • Calculate the land transfer tax due on closing
  • Make sure you get 1st time home buyer rebate if you are eligible
  • Draw up the mortgage documents
  • Close the transaction and ensure all legal and financial conditions are met
  • Exchange legal documents and keys with the seller’s lawyer

What Does a Real Estate Lawyer Do for the Seller?

The real estate lawyer’s role on the seller’s side is also related to ensuring the transaction goes smoothly and all legal aspects are covered. They are focused on the mortgage payout and a smooth transfer of the property’s title. Just like on the buyer’s side, a real estate lawyer performs several key tasks, including:

  • Review the Agreement of Sale and other legal documents before you sign
  • Assist you with the negotiation of the terms and conditions
  • Prepare the deed to your house
  • Deal and remedy title issues as they occur
  • Close the transaction
  • Ensure all legal and financial conditions have been met
  • Exchange legal documents and keys with the Buyer’s lawyer

When Do You Need a Real Estate Lawyer?

Whether you are buying or selling a home, you will need a real estate lawyer to register the transfer of property with your province’s land registry office. You are required to have a lawyer because lawyers can access Provincial Electronic Land Registration Systems. Every province has different regulations, but a legal professional is necessary to register a property and purchase a home to ensure that it is legal.

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