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Tax & Business Law

Tax & Business Law

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Tax & Business Law

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CRA Reassessments

Dealing with the Canada Revenue Agency can appear daunting and confusing. There are stringent deadlines that must be observed and many opportunities for miscommunication that can, in the future, hurt your case. If you work with us we will handle all communications with the CRA. You can have the peace of mind of knowing that your rights are being preserved and protected and someone is advocating effectively on your behalf. All our lawyers former Department of Justice employees who represented the Canada Revenue Agency. We will leverage our in-depth knowledge of how the tax system works to advance your case.  CRA reassessments can be a draining, time consuming and costly process. Early advice from Rodrigues Law LLP will help you save time and money.

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CRA Payment Plan

It is possible to negotiate an installment payment arrangement with the Canada Revenue Agency if you are behind in your tax payments. The key to a successful installment agreement requires detailed financial analysis and an understanding of your rights and responsibilities prior to contacting the CRA. We negotiate directly with the Canada Revenue Agency and can you help obtain a payment structure that works for you.

Tax Audits and Tax Court

Tax Audits

A tax audit can have a significant impact in your life and on your business. We focus on minimizing the impact of an audit and resolving it quickly and favourably. The key in dealing with any tax audit is organization. As a former lawyers for the Canada Revenue Agency, we have a commanding understanding of the auditing process. Our firm helps clients collect all relevant income and expense records and properly categorize them. Tax audits can be risky but they are also an opportunity to resolve your case. Our clients are prepared, organized, and have the confidence of knowing that their rights are protected.

Tax Court

Going to court can be a costly and intimidating process. We will work with you to prepare and execute effective litigation strategies and provide you with the right advice on the most cost efficient resolution for your tax problem. We provide expert negotiation services and will leverage our in-depth knowledge of the CRA to to settle your case in the least costly and most timely manner. Our counsel have a have extensive litigation experience at the Tax Court of Canada. You can find peace of mind in Rodrigues Law LLP’s successful track record and can have confidence that we will find the right solution for you.

Business Transactions

We will close your trasnaction in a timely and streamlined manner, avoiding the duplication of work and over-staffing of files. We will complete the appropriate level of due diligence and carefully draft the necessary agreements to protect your interests. We work directly with taxation accountants and transactional advisers and evaluate transactions from all angles. We also view all transactions as potential litigation matters.  As experienced corporate dispute lawyers, we view transactions from a litigation perspective and strive to limit the possibility of litigation. This is how we add value.

Business Disputes

In a fast moving and competitive economy, it is the rare partnership or joint venture that lasts a lifetime. Contracts are rarely perfect and the more transactions and parties there are, the more potential there is for conflict. We will work with you to resolve your dispute in the most cost effective way possible whether that be mediation, negotiation or, where necessary, litigation before the courts. Every business dispute is different. We will help you to find the right solution for your needs.

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Contracts

We are experienced at evaluating and litigating contract disputes. We will work with you to save and amend contracts where desirable or terminate or rescind agreements where the business relationship must end. We will work with you to resolve contract disputes in your best interest and to evaluate any contracts you may be contemplating in order to avoid potential conflict.

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Municipal & Construction Law

Municipal & Construction Law

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Municipal & Construction Law

We are experienced advocates before the Ontario Municipal Board and Superior Court of Justice in relation to land use planning appeals, expropriation compensation claims and construction disputes, including Ontario Construction Lien Act proceedings. We strive to build the strongest possible appeal or case for our clients and have extensive professional relationships with knowledgeable expert witnesses. We believe in thorough but efficient case preparation and make no compromises in advancing our clients’ interests. We only settle matters if a satisfactory outcome can be reached without a hearing.

LAND USE PLANNING

We have successfully advocated for our clients at the Ontario Municipal Board and can assist your firm through the land development process with appeals relating to official plans, zoning by-laws, plans of subdivision and severances, site plans and minor variances.

We know the jurisdictional rules and processes of the Ontario Municipal Board,  an administrative tribunal designed to solve disputes over most planning matters.

We have extensive experience building the appropriate expert witness teams necessary to advance your appeal to the Ontario Municipal Board in the strongest possible manner.

EXPROPRIATION

We assist land and business owners in expropriation claims. We have a thorough and specialized understanding of the complex Expropriations Act, and the related case law necessary to advance a strong compensation claim.  We regularly assemble and work with teams of  experienced land use planners, real estate appraisers, business loss valuators and other experts to ensure that the strongest possible compensation claim is made. We explore every avenue of compensation and leave no stone unturned. The Section 25 offer that the expropriating authority must provide to owners rarely captures the full extent of compensation you are entitled to. We will make your strongest case at the Board of Negotiation and Ontario Municipal Board to make sure you are awarded full and fair compensation.

CONSTRUCTION DISPUTES

We regularly act for contractors and subcontractors in Construction Lien Act matters, breach of contracts (including delay and warranty claims), construction deficiency claims, and breach of trust claims. We provide timely and pragmatic advice to resolving construction disputes in a cost-effective manner in order to help our clients preserve cash flow and keep their projects moving.  

Contact Us today for a free consultation.

 

Estate & Family Law

Estate & Family Law

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Estate & Family Law

Skip to GuardianshipsPowers of Attorney, or Dependent Support Claims

APPLICATIONS FOR GUARDIANSHIP

The incapacity of a relative is a very delicate issue for a family to deal with. People with mental incapacity are exposed to predators and scam artists that take advantage of mental disability for financial gain. The Internet has exacerbated this problem by facilitating access to incapacitated people, therefore making it easier for criminals. A Power of Attorney can resolve the problem, but sometimes the incapacitated person cannot grant it or has granted it to someone else.

When families face the decision to apply for a guardianship they must consider all the implication that a guardianship order will have not only for the incapacitated but also for the proposed guardian. An Incapacity Lawyer can provide you and your family the guidance you need.

At Rodrigues Law LLP, an Incapacity Lawyer will help you design an application for guardianship to meet the needs of the incapacitated person. It is fundamental to ensure that guardianship applications are not unnecessarily intrusive to the person with the incapacity. For instance, it is often the case that the incapacitated person may be unable to make decisions related to his or her finances, but is able to make decisions related to shelter, food, and health.

The family of the incapacitated person, with the help of an Incapacity Lawyer, can make an application to the court to appoint a guardian of the person and a guardian of property. The guardian of an incapacitated person will make decisions related to the person’s health care, nutrition, shelter, clothing, hygiene or safety. The guardian of the person’s property will make decisions related to the person’s assets and finances. Often times, these two applications are made together when the person is unable to make decisions related to either their property or their personal care.

In these cases the family should consider a full guardianship application. An Incapacity Lawyer at Rodrigues Law will help you navigate the court process and ensure that the best interests of the incapacitated person are protected.

POWER OF ATTORNEY AND CAPACITY LITIGATION

Granting a Power of Attorney is a decision of major impact to a person’s life. Generally, it is an acknowledgment of utmost trust and confidence. Therefore, family members often want to ensure that the person granting the Power of Attorney did so while they were in full control of their own thoughts and emotions. When Powers of Attorney are granted under suspicious circumstances it is important that family members act quickly to remedy the situation.

Generally, this type of situation occurs when the person granting the Power of Attorney did not intend or have the capacity to grant the Power of Attorney. This type of fraud is common and families should be vigilant to ensure that the best interests of the person with an incapacity are protected. At Rodrigues Law, a Power of Attorney Lawyer will advise you on the best way to protect yourself and your family.

Conflicts are also common when a person has granted a Power of Attorney to two or more people and they have differing views on which decision best serves the interests of the person with the incapacity. These disputes can be very disruptive to both the person with the incapacity and to the relationship between the people who were granted Power of Attorney. It is therefore fundamental that all parties move quickly to find a solution that serves the interests of the incapacitated person. A Power of Attorney Lawyer at Rodrigues Law has the know-how to give you invaluable advice that will speed up the resolution of the incapacity dispute while ensuring your interests are protected.

People who are in possession of a Powers of Attorney are sometimes presented with other Powers of Attorney that appear to revoke theirs. These situations often lead to conflicts, as there are often concerns as to the validity of the documents. In order for the Power of Attorney to be valid, it is fundamental the grantor had the requisite capacity to execute the documents at the time they were signed. Once capacity has been established it is important to determine whether the Power of Attorney has taken effect and whether the person did not start acting as a Power of Attorney before it was permitted by law. Visit a Power of Attorney Lawyer at Rodrigues Law today.

DEPENDANT SUPPORT CLAIMS

The passing of a loved one is a tragedy that is generally unpredictable. This often means that despite the moral obligation to provide for their dependants, the deceased person may not have had the time or the opportunity to arrange their affairs in a way that ensured that proper provisions were made for their dependants. In these circumstances, it is fundamental that the dependants act fast, retain an Estates Litigation Lawyer, and make an application to the Court requesting to essentially “re-write” the Will of the deceased to ensure that the deceased meets his or her moral obligations towards those who depended on them up until the time of death. The lawyers at Rodrigues Law LLP represent dependants who feel that the deceased did not make adequate provisions for their support.

When determining how much support should be awarded to the dependant, the Court will look at a variety of factors including:

  • the dependant’s current assets and means;
  • the assets and means that the dependant is likely to have in the future;
  • the dependant’s capacity to contribute to his or her own support;
  • the dependant’s age and physical and mental health;
  • the dependant’s needs, in determining which the Court shall have regard to the dependant’s accustomed standard of living;
  • the measures available for the dependant to become able to provide for his or her own support and the length of time and cost involved to enable the dependant to take those measures;
  • the proximity and duration of the dependant’s relationship with the deceased;
  • the contributions made by the dependant to the deceased’s welfare, including indirect and non-financial contributions; and
  • many other factors.

When the dependant is a child, the Court will assess the child’s aptitude for and reasonable prospects of obtaining an education, and the child’s need for a stable environment. Contact an Estates Litigation Lawyer at Rodrigues Law to find out about your rights.

FAMILY LAW

Divorce, Custody and Support

Divorce

At Rodrigues Law we understand that going through a divorce is a stressful experience. Divorce can alter your family dynamic, your assets, your financial future and your emotional state. The legal process can seem like an overwhelming and challenging obstacle when you are ready to move forward in your life. Our lawyers understand your need to protect your own and your family’s interests and have the expertise to represent you in a court of law. Whether you require help in a simple, uncontested divorce or a highly complex matter, our lawyers can help you manage issues with extensive estates, child custody, spousal support, or any other problem surrounding your divorce.

Read more about Divorce

Child Custody

Determining custody arrangements of a child or children can be emotionally difficult. In the case of divorce, two types of custody must be determined: physical and legal.

Physical custody describes with which parent the child lives and for what periods. Legal custody describes which parent has the rights and responsibility for making decisions regarding the upbringing of a child. Legal custody determines who controls where a child is educated, what medical treatment they receive, and their religious upbringing and many other factors.

The default for most judges is to favour some form of joint custody, however, sole custody may be granted if it is deemed in the best interest of the child. Our firm will work to help you and your family through the process and arrive at the best result for you and your child.

Read more about Child Custody

Spousal and Child Support

Spousal and/or child support are two of the biggest financial issues of your divorce. It will have a long-term effect on your lifestyle and that of your children. Support may be ordered by the court by one or both parties to be paid depending on a number of factors such as income, length of the marriage, custody arrangements, and more. Child support usually lasts until your children have reached the age of eighteen or have finished studying. It can be based on many factors such as parents’ income, expenses of the child, and the amount of time the child spends with each parent.

Spousal and/or Child Support is something that outlives the divorce, and at Rodrigues Law, we want to make sure that you, your family and your finances are well protected.

Marriage Contracts & Post Divorce Issues

Marriage Contracts

The consequences of forgoing a prenuptial agreement in Ontario can financially devastating if a couple splits. Our firm assist can assist you  in removing the anxiety from the prenuptial agreement process and in securing the agreement of your significant other. At Rodrigues Law you will receive an evaluation of each party’s financial status, including assets, debts, possessions and circumstances, to ensure that each object or fund is disclosed and protected by the party to which it is issued. We know how harsh Ontario laws can appear when considering marriage. Do not let them stop you from spending  the rest of your life with someone. Our firm can help ensure your financial protection and integrity going forward, so you can love without worry.

Post Divorce Issues/Support & Custody Modifications

A divorce is final, but your personal circumstances or those of your ex-spouse are always changing. At Rodrigues Law, we will assist you in modifying your support or custody order to reflect your current situation. The professionals at Rodrigues Law will assist you through every stage of the divorce process.