Services

KLG Barristers and Solicitors holds notable expertise in the areas of family and criminal law. With a team of highly skilled and experienced lawyers, we are dedicated to providing exceptional legal representation and guidance to our clients. We provide services in Farsi, Bulgarian, Hindi, Punjabi and Urdu

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FAMILY LAW

In the realm of family law, KLG excels in handling complex divorce cases, child custody disputes, spousal support matters, and division of assets. We understand the delicate nature of family law matters and work tirelessly to protect the rights and best interests of our clients.

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CRIMINAL LAW

We hold a strong track record of defending clients facing various charges, ranging from minor offenses to serious felonies. Our lawyers navigate the intricacies of criminal proceedings and vigorously advocate for their clients' rights, ensuring a fair and just legal process.

Frequently Asked Questions

Family Law
Criminal Law

How can I file for divorce and what is the process?

In Canada, to file for divorce, ensure that you or your spouse have lived in a Canadian province or territory for at least a year. Choose a valid reason for divorce, such as adultery, cruelty, or more commonly, separation for a year. Prepare and file the Application for Divorce in the appropriate court, detailing your request for divorce, reasons, and any plans for child custody and support if applicable. Next, serve your spouse a copy of the application, wait for their response, which could be agreement or contest. If uncontested, or if no response is given, submit additional documentation like an Affidavit for Divorce and a Divorce Order to finalize the divorce. If contested, mediation or trial may be needed. If a judge agrees, a Divorce Order is issued and after a 31-day appeal period, the divorce becomes final, and a Certificate of Divorce can be obtained. Always consult with a legal professional in your province or territory to understand the specifics of the process.

How is child custody determined?

The Canadian legal system determines child custody based on the "best interests of the child," a principle that takes into account factors such as the child's physical, emotional, and mental well-being, the child's own views and preferences (if they are of an age to reasonably express them), the relationships with each parent and others like siblings, each parent's ability to provide for the child's needs, the proposed parenting plans, the stability of each parent's home environment, and any history of family violence or abuse. The court can decide among various custody arrangements, like sole, joint, or shared custody, depending on these factors, with each case being unique and assessed based on its individual circumstances.

What factors are considered for determining child support?

Child support is determined by federal or provincial guidelines depending on the parents' situation, primarily taking into account the income of the non-custodial parent, the number of children involved, and the custody arrangement. The guidelines aim to establish a fair standard of support to ensure that children continue to benefit from both parents' financial resources after separation. Other factors that might influence child support include the child's specific needs (like healthcare or education expenses), the standard of living the child experienced prior to the separation, and, in some cases, the custodial parent's income. The court has the discretion to deviate from the guidelines if they deem it in the best interest of the child.

How does property division work in a divorce?

In Canada, property division during a divorce generally follows the principle of equal division of 'matrimonial property', which includes assets acquired during the marriage, the matrimonial home, and increased value of property owned by one spouse prior to marriage. However, each spouse usually keeps 'separate property' which includes gifts, inheritances received during the marriage, or property owned before the marriage, unless it was used for the family benefit. Debt incurred during the marriage is also typically shared. Certain provinces may have variations, and exceptions exist, particularly when equal division would be unconscionable, considering factors like the duration of the marriage, a spouse's contribution to the other's career, and the economic consequences of the marital breakdown. Always consult with a legal professional in your province to understand the specifics of the process.

What are my rights if I'm accused of a crime?

If you're accused of a crime in Canada, you have several rights under the law, many of which are articulated in the Canadian Charter of Rights and Freedoms. These rights include the right to remain silent, meaning you do not have to provide any information that could be used to incriminate you. You also have the right to be represented by a lawyer, and if you cannot afford one, you may be eligible for legal aid services. You are entitled to a fair and timely trial, protecting you against unreasonable delays. Furthermore, you are safeguarded against unreasonable search and seizure, which generally means law enforcement requires a warrant or justifiable cause to search your property. Importantly, you are presumed innocent until proven guilty, placing the burden of proof on the prosecution.

How does the criminal justice process work?

In Canada, the criminal justice process begins with the investigation of a potential crime, often by law enforcement agencies. If sufficient evidence is found, the police may arrest and charge the suspect. The accused has the right to remain silent during the arrest and may request legal counsel. After the arrest, the accused may be released pending a court hearing or held in custody. A bail hearing will determine whether the accused can be released and under what conditions. The Crown prosecutor then reviews the evidence and decides whether to proceed with the case. If the case proceeds, a plea (guilty or not guilty) is entered during the arraignment. If a not guilty plea is entered, the case moves to trial, during which the prosecution must prove beyond a reasonable doubt that the accused committed the crime. If found guilty, the judge will determine the appropriate sentence. It's important to note that this is a simplified description and each case may have unique circumstances. Always consult with a legal professional to understand the process as it applies to your situation.

What is the burden of proof in a criminal case?

In a criminal case in Canada, the burden of proof rests on the prosecution. This means it's the Crown's responsibility to prove beyond a reasonable doubt that the accused committed the crime. "Beyond a reasonable doubt" is the highest standard of proof in the legal system and requires that the evidence presented leaves no reasonable doubt in the mind of a reasonable person that the accused is guilty. It's not the defendant's obligation to prove their innocence. This principle upholds the presumption of innocence, a fundamental aspect of Canadian law that ensures an accused person is considered innocent until proven guilty. However, specifics may vary depending on the type of case and the jurisdiction, so it's always best to seek professional legal advice.

What is the difference between a plea bargain and going to trial?

In a criminal case in Canada, the burden of proof rests on the prosecution. This means it's the Crown's responsibility to prove beyond a reasonable doubt that the accused committed the crime. "Beyond a reasonable doubt" is the highest standard of proof in the legal system and requires that the evidence presented leaves no reasonable doubt in the mind of a reasonable person that the accused is guilty. It's not the defendant's obligation to prove their innocence. This principle upholds the presumption of innocence, a fundamental aspect of Canadian law that ensures an accused person is considered innocent until proven guilty. However, specifics may vary depending on the type of case and the jurisdiction, so it's always best to seek professional legal advice.

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