Civil Litigation & Disability Claims
Ambwani Law Professional Corporation practices in the following areas of law
Before applying, carefully assess whether or not your condition qualifies you for Canada Pension Plan (CPP) disability assistance. Experienced counsel’s guidance could save the time of filing a claim by assessing with an expert eye the likelihood that you could qualify for disability. You need to have enough CPP contribution and the disability should be severe and prolonged to qualify for CPP disability benefits.
It can be quite technical and stressful enough. Retaining a qualified lawyer to prepare and present your case can be beneficial. Appropriate counsel could make difference at initial application stage as well as at appeal stage between receiving valuable CPP benefits and a denial leaving you without income. Even if your claim is denied at the first stage, you still have the option of asking for the reconsideration of the decision. If reconsideration application is denied you can file the appeal before Social Security Tribunal. The lawyers dealing with disability appeals know how to establish your claim medically and legally in terms of the provisions of the Canada Pension Plan legislation.
Under the Ontario Disability Support Program (ODSP), qualified disabled individuals displaying appropriate financial need can receive income assistance providing basic living needs such as housing and food. The program can also help willing, able workers experiencing placement difficulties find consistent jobs that let them support themselves.
The “Income Support” arm of the ODSP provides financial assistance proportional to a disabled applicant’s family size, previous income, current assets and housing cost.
Whether you’re applying for benefits or appealing a denied claim, a qualified lawyer could help you organize and understand the facts of both the ODSP’s respective arms and where your unique circumstances fall within their parameters to receive assistance.
This can be a lengthy, complex process involving many shades of grey pitting your situation against government definitions of “need.” It would be wise to approach it following a quality consultation.
Canada’s Short-Term and Long-Term Disability (STD and LTD, respectively) programs provide employees with wage compensation enduring injuries or illnesses demanding significant time away from working.
Benefits can vary from employer to employer, and between employer-provided plans and privately purchased ones offered by business groups, alumni associations and insurance companies. Always consult your own plan before preparing a claim.
As the plans themselves vary, so too will the criteria for assistance:
An STD claim requires a medically documented explanation of the condition and an expected return date. It is usual in the policies that in the first two years disability is decided following a condition to perform a previous occupation. “Total Disability” is defined as a complete inability lasting longer than two years to perform any given occupation. The terms of your policy and your medical conditions decide as to what benefits you are entitled for.
STD and LTD benefits can both expire and both can be cut off if your insurance company terminates you, if you gain income, or if you return to work. It’s important to hold on to all disability-benefit documentation and keep a physician up to date on the state of your condition, should a dispute arise.
The Social Benefits Tribunal (SBT) is established by the Ontario government. The SBT hears review claims under the Ontario Works Act and Ontario Disability Support Program Act regarding refusal to grant benefits, cancellation or suspension of benefits, reduction in benefits, or the amount awarded.
If your application for the benefits is denied, you may ask for the review of the decision. If review decision is also not agreeable to you, an appeal can be filed before the Social Benefits Tribunal. You may engage a lawyer to present your case and argue the appeal before the tribunal. You will also have a chance to testify before the tribunal and explain the issues in your case. On the basis of the material available on file, your or any other witness’s testimonies and hearing arguments on behalf of yourself and the minister, the tribunal passes the final order in your case.
Under certain termination conditions, Ontario employees may be eligible to recoup damages under a Wrongful Dismissal claim.
If you were recently fired, ask yourself the following questions:
Any of the above could lend grounds to a justified Wrongful Dismissal suit.
Under certain circumstances in which an employee quits but can demonstrate that an employer forced the decisions, it can be considered as an employee actually being “fired” via a subtle “constructive dismissal”. A constructive dismissal may occur when an employer changes important aspects of an occupation such as pay, title or duties without the employee’s informed consent.
The Employment Standards Act provides the minimum compensation to be provided to an employee who is terminated. However, there may be circumstances when an employee may sue the employer for more damages. Upon termination, you may want to consult with a lawyer to review your case. There’s the possibility – though not the guarantee – that you may be able to also sue for Breach of Contract.
The contracts are made on specific terms and conditions in particular circumstances and are tailored to each specific individual’s interests.
Never, ever sign a contract without a qualified lawyer’s thorough review. If a dispute should arise, seek counsel immediately.
A savvy lawyer has an eye for the shades of grey present amid Canadian Contract Law. Some contract disputes’ resolutions demand litigation, whereas others can be resolved out of court.
Neither instance fits every possible dispute. Consult an attorney to determine the most appropriate, satisfactory route to navigate a difference of opinion over a contract.
The contractors and repairers add value to the property and therefore, law provides them added security for their payments by putting the lien on the property. There are specific time limits provided under the law for putting the lien and perfecting the same. The lawyer should be approached at the earliest opportunity to secure your interest.
Not every legal dispute puts massive damages at stake.
A branch of the Superior Court of Justice, Small Claims Court disputes involve damages totaling no more than $25,000. Small Claims Court cases are either heard by provincially appointed judges or deputy judges – practicing lawyers appointed by the Regional Senior Judge to part-time positions on the Court.
The rules are simpler and designed for efficient results proportionate to the smaller stakes of the disputes. An individual may represent himself before the court. However, a lawyer’s advice could be helpful.
Your home should be a lifetime investment that you always cherish. A thorough, diligent lawyer can help guarantee that you purchase a home under the soundest possible terms, and should you ever sell it, that you walk away with the greatest possible return on all you’ve invested.
Your lawyer can also help guarantee that the seller has done everything possible in terms of the Agreement of Purchase and Sale to ensure both that your new home is handed over to you in the best possible condition.
At the closing itself, your lawyer will carefully examine every document to ensure that all agreed-to conditions have been met before you affix your signature to any binding agreement.
The lawyer typically closes the deal in terms of the Agreement of Purchase and Sale and mortgage instructions. He does the necessary searches relating to the property and execution to assure you the good title on the property.
Investment in a sound property is an investment in the future profits that your business could gather.
Businesses have fallen to ruin many times thanks to an iron-clad lease locking a company into a disadvantageous location. For business owners purchasing land, the same could be said for improvements to buildings and lots that eat into revenue.
Before signing a purchase or lease agreement, engage a lawyer to examine the whole property and proposed terms together. It might be the case that prematurely signing something binding could also assign to you a responsibility to repair or renovate certain deficiencies or problem areas that could’ve fairly been considered the original owner’s responsibility.
When signing a lease in particular, define what upkeep will be your responsibility and what falls into the hands of the property owner.
Your business is meant to be your future. You sink enough into it that you owe it to yourself to approach buying or leasing a property to house it with the watchful eye of counsel that understands the demands and potential future complications of Real Estate Law.
Sometimes the mortgage is to be registered on the property without the sale or change of ownership involved. There are some occasions when the earlier mortgage is for a fixed term and the term is expiring and you are required to register a new mortgage. In these circumstances, although there is no sale and purchase involved, still a lawyer is required to do the property, execution or any other searches before completing the transaction. The lawyer is required to follow the terms of the new mortgage as well as pay out the earlier mortgage. With good legal counsel the transaction is smooth and does not create any complications in the future.
Few legal proceedings become so fraught with emotion, tension and bitterness as quickly as dissolution of marriage.
By the time the parties begin the legal proceedings to determine with some finality division of property & assets and custody of children, a loving relationship has already been broken. Many times, both parties are still campaigning to blame one another over the marriage’s failure. In just as many instances, that escalates into vindictive desires to hurt a one-time spouse.
Engage a lawyer to ensure that your rights are capably defended. Lawyers representing both sides will adamantly fight on behalf of their respective clients’ due shares of shared assets and rights to see any children from the marriage. In the end, though, both sides want a settlement that preserves both spouses’ best respective interests.
This might be the most emotionally charged aspect of divorce, and Family Law in general.
Maintaining custody of your children following a marriage’s dissolution means retaining the right to be the most prominent decision-making figure in your child’s life. You’ll have final say over the path of your children’s education, religion, medical treatment, and other pivotal areas.
Don’t forsake this responsibility.
The Court will assign custody inevitably one of four ways:
Unless the Court expresses grave concerns about one particular parent’s lifestyle or ability to care for children, the court will grant the non-custodial parent visitation access. Under more tense circumstances, the Court may only allow supervised visitation where there’s a concern for the welfare of the children.
It takes two people to have a child. If you feel that you rights as a parent are under attack and your future relationship with your children is at risk, then contact a lawyer immediately to protect your future with your children.
When a couple divorces, the two parties must inevitably decide how much of the pair’s shared property and assets should be assigned to each.
Generally speaking, the court divides the valuation increase of assets over the term of the marriage equally between both sides, but not necessarily the assets themselves as such. In actuality, property division starts with calculating “net family property”.
That process begins with finding the total asset value on the date you and your spouse separated. From that, deduct all personal liabilities. After that, deduct your personal asset value on your marriage date. As needed, deduct assets such as life-insurance proceeds, gifts given to you by third parties, personal injury awards and any inheritances. Finally, add all liability values as of the date of your marriage. You now have your “net family property” value.
Whoever has the higher net family property value must pay an “equalization amount” to the other spouse. Typically, that’s half the difference in value between respective net family property amounts.
Often times, the property separation isn’t such a simple matter of math. Both spouses will attempt to raise some point of contention or another for receiving a greater share. Sometimes, it’s done out of a simple desire for greater assets. In other instances, it’s a matter of one side or another wanting to do the other harm in parting.
A lawyer versed in Property Divorce and the possible advantages, loopholes or exclusions can recognize when you may be able to hold onto certain assets to which your spouse may claim an entitlement.
If you are found to be the non-custodial parent of any children between you and your spouse, then you will be legally obligated to pay some degree of child support as part of a divorce agreement.
The amount of child support you end up paying will be calculated both by the number of children left in your spouse’s care and a confluence of assessments of your personal finances.
You will also have to provide your spouse with updated income documentation. If your children should ultimately incur “special or extraordinary expenses” such as child care, daycare, medical, dental, private school or post-secondary educational costs, you may have to pay more than the Ontario Child Support Guidelines’ recommended amount.
The exceptional expenses can be shared, however, depending on the disparity between your earnings.
Whether you are entitled to child support or paying it, the long-term financial consequences of ending a marriage or relationship make it crucial that you always retain a lawyer familiar with your circumstances when managing the amount you’re ordered to pay.
Planning a will or estate shouldn’t wait until the last possible moment.
Make peace of mind your final gift to your loved ones. Thoroughly and clearly outlining your last will and testament with a detail-minded professional will leave no doubt among your beneficiaries as to how your property and assets were meant to be divided. With the proper planning, you could structure your assets to convert to a trust or other financial tool that could continue preserving your loved ones’ financial security years after your passing.
In the meantime, discuss the assignment of Power of Attorney. You can have Power of Attorney for property as well as for personal care. Should unforeseen circumstances leave you alive but unresponsive, someone will need to make crucial decisions as to your continued medical care. Ensure that, in the event something tragic should occur, someone you trust has the legal authority to decide the course of your future well-being.
AMBWANI LAW OFFICE is located on the Hurontario Street (also known as HWY 10) between HWY 401 and HWY 403 in the City of Mississauga, Ontario. It is not very far from the Brampton Court House, which is the main court for the civil, criminal, family, and small claims matters for the Peel region. It also has another location in the Town of Milton to serve its clients in the Halton, Hamilton, Kitchener and Waterloo areas. The office is dedicated to providing the quality legal services at the affordable rates with the prime objective of the client’s best interest in mind. The main areas of practice are
We are flexible to negotiate our fees on a lump sum basis or on an hourly basis.
We recognize that the clients who are disabled and out of work may have limited means to pay the legal fees on an hourly basis. We are still willing to help those clients and work for them on an agreed-upon contingency fee basis with little or no upfront fee depending on case to case basis. We do civil litigation on an hourly fee. However, in some civil cases like wrongful dismissal and money recovery claims, we do the litigation on reduced hourly rates with negotiated contingency fee basis. We also accept Legal Aid Certificates for Administrative Tribunal Appeals.
Gordhan Ambwani is the principal lawyer at Ambwani Law Office. He was called to bar in India in the year 1983 and practiced law there until 2001. In the year 2002, he started dealing with Administrative Tribunal Appeals and small claims court cases in Ontario. He is continuing that practice and added Civil Litigation and Family Law matters to his law practice after a call to bar in Ontario in the year 2008.
AMBWANI LAW OFFICE is located on the Hurontario Street (also known as HWY 10) between HWY 401 and HWY 403 in the City of Mississauga, Ontario. It is not very far from the Brampton Court House, which is the main …
25 Watline Avenue, Suite GR10, Mississauga, ON L4Z 2Z1
Phone: 905-232-2515
Fax: 905-232-2516
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Social Security Tribunal Appeals
This independent administrative body provides an appeal process for disputed Employment Insurance (EI), Canada Pension Plan (CPP) and Old-Age Security (OAS) rulings.
The Social Security Tribunal operates at two levels: the General Division, composed of the EI Section to hear that body’s disputes, and the Income Security Section that hears CPP and OAS disputes; and the Appeal Division to hear disputed rulings from the General Division.
Should you feel that your benefits have been unjustly denied or terminated, you may choose to file an appeal with the Social Security Tribunal.
The tribunal’s decision will be based upon Canada Pension Plan and Old-Age Security program legislation and how your particular case fits within those definitions.