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16 September
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Buying a Home? Don’t Ignore the Small Details

Posted by Nanda and Associate Lawyers
in Blog, Real Estate Law
Buying A Home

Buying a home is an exciting yet overwhelming endeavor.  Like most homebuyers, you are probably focused on the big picture and the essential tasks you must take on. Don’t be so quick to overlook the minor details, or it could come back to haunt you.  One homebuyer in Richmond Hill learned this lesson the hard way in the fall of 2016.

Edward Yip signed a contract to purchase a home for $2.175M. The purchase included some of the appliances. The contract did not include any fixtures. Yip’s lawyer performed a title search after the contract was signed only to discover that the sellers of his new home did not own their HVAC equipment.

According to the warranty clause in the purchase agreement, any contractual rights survived the closing of the home and were binding on all parties. The sale contract lacked an amendment explaining that the HVAC system had a registered lien with Enercare, the owner of the system.
When they closed on the home, Yip was delivered a standard bill of sale which transferred ownership of the appliances and the fixtures. However, handwritten on that bill of sale were the words “except HVAC.” The terms of the purchase agreement were not reflected by the bill of sale.
Upon learning this, Yip told the sellers he would only close “under protest.” As such, the sellers said they would not close unless he withdrew his notification, which he did reluctantly.
When the closing was complete, Yip filed a lawsuit against the sellers of the home for the expense of buying the HVAC rental from Enercare. Newmarket Small Claims court heard the case in December 2018.
The judge ruled in favour of the buyer, explaining that the sellers knew that the HVAC system was still encumbered by the rental agreement. Yip was awarded $17,488.27 in damages for the buyout of the HVAC system and five chandeliers that the sellers had removed. The chandeliers were not in the terms of the agreement.
The homeowners appealed to the Ontario Superior Court, but their appeal was dismissed in February of 2020. In addition, Yip was awarded costs of $3,500.

This case highlights some vital lessons to both homebuyers and home sellers:

  • Sellers should be very clear about what appliances and fixtures are included and which ones are rentals in their seller agreements.
  • Disclose whether the hot water tank and HVAC systems are rentals or included in the property’s purchase price.
  • Buyers in similar circumstances as Yip are not allowed to refuse to close, but they can file a lawsuit against the seller afterward for their damages.

Do You Need a Mortgage Lawyer?

If you have questions about buying or selling a home and its appliances or fixtures, seek legal advice as soon as possible. Speak with a mortgage lawyer at Nanda & Associate Lawyers by calling (905)-405-0199 or use or contact us online. We assist clients of all nationalities and backgrounds and provide legal services in 19 different languages, including English, French, Chinese, Italian, Hindi, Punjabi, Gujarati, Bangla, Tamil, and Telugu.

20 August
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Obtaining a Temporary Resident Permit in Canada

Posted by Nanda and Associate Lawyers
in Blog, Immigration, Legal Advice
Obtaining a Temporary Resident Permit in Canada
Obtaining a Temporary Resident Permit in Canada

Suppose you cannot be admitted into Canada because of criminal, security or medical reasons but need to travel to Canada for a valid reason. In that case, you might be eligible to apply for a Temporary Resident Permit (TRP) in order to gain admission. Because obtaining a TRP can be complicated, it is best to seek assistance of an Immigration lawyer.

Are You Eligible for a TRP?

In order to be eligible for a TRP, the benefits of your coming and staying in Canada must outweigh the potential safety and health risks to Canadian society posed by your entry. Reasons that might provide a higher chance of success of being granted a TRP include:

  • Business conferences
  • Networking events
  • Meeting with Canadian clients or companies to initiate or maintain economic relationships
  • Important family events such as a funeral or a wedding

When is a TRP Appropriate?

Generally, people who do not meet the requirements of the Immigration and Refugee Protection Act (IRPA) are deemed inadmissible and can be:

  • Denied a permanent resident visa (PRV) or temporary resident visa (TRV) abroad
  • Denied an electronic travel authorization (eTA)
  • Reported inadmissible under section A44(1)
  • Permitted to withdraw their application to enter Canada at a port of entry (POE)
  • Denied processing within Canada

Although, under some circumstances, an immigration office can issue a TRP that will allow the individual who is not admissible to become a temporary resident. If their circumstances justify their entry, they will be allowed to remain in the country temporarily. TRPs give officers the freedom to balance the objectives of the IRPA to meet Canada’s social, economic, and humanitarian commitments, while still maintaining the health and security of Canadians.

When considering whether to issue a TRP or not, officers must assess several factors. These factors can include:

  • History – Such as pattern of non-compliance [A41] with the IRPA or IRPR, or a violation due to careless or flagrant disregard for the law
  • Credibility – Credibility may be assessed during the interview and is at the officer’s discretion
  • Previous removal – Has the application overcome the original grounds for removal? Do other statutory bars exist?
  • Controversy – Are elements in the applicant’s case that require a referral or consultation with the CMB?
  • Social assistance – If the foreign national decides to apply for permanent residency, is there a risk that they would need social assistance?

How Much is a TRP?

A processing and collection fee of $200 per individual will be assessed. Officers should check to make sure that they have established inadmissibility issues before collecting this fee. In fact, an office can wait until a permit is recommended to collect the fee. Keep in mind that the fee is non-refundable. There are fee exemptions for foreign nationals who are inadmissible based on prior criminality.

Do You Need Help with a TRP or Other Immigration Issues? Call Nanda & Associate Lawyers Today

Immigration issues and your legal status in Canada can cause much stress. You may be worried about your job, your finances, your clients, and even your family. We are here to help. Contact a Mississauga immigration lawyer at Nanda & Associate Lawyers today by calling (647)-951-6200 or use our online contact form. We help clients just like you of all nationalities and backgrounds and offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

28 July
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Canadian Start-Up & Self-Employment Visa FAQ

Posted by Nanda and Associate Lawyers
in Blog, Immigration
Canadian Start-Up & Self-Employment Visa FAQ
Canadian Start-Up & Self-Employment Visa FAQ

While business immigration in Canada holds many promising opportunities, it can also bring some confusion. Getting answers to your questions and hiring a Mississauga based Immigration lawyer to ensure you understand and comply with the requirements is in your best interest. Here are some frequently asked questions about this topic.

What are the Eligibility Requirements for the Start-Up Visa Program?

To be eligible for the start-up visa program, you must:

  • Have a qualifying business
  • Receive a letter of support from a designated organization
  • Meet the language requirements
  • Be financially stable enough to settle and live in Canada before making money from your business

How Much Money is Required to Cover Living Expenses?

This amount varies depending on how many family members will be accompanying you. Sometimes, the designated organization will provide extra financial support to cover living expenses. Keep in mind that you are not allowed to use the investment money for your start-up business to pay for living expenses.

Who Reviews Applications for the Start-Up Visa Program?

The first step in the application review process is for your designated supporting organization(s) to review the viability of your business proposal. If they support your proposal, it will then be reviewed by the Immigration, Refugees, and Citizenship Canada. If you already have the necessary support to apply and you are eligible to become a permanent resident, it will be approved. From there, it may be put through an independent peer-review process to protect against fraud and ensure your business is in line with industry standards.

What if I Immigrate Via the Start-Up Visa Program and my Business Fails?

The Canadian government recognizes that not every business will find success. This program was crafted to divide the risk between the public and private sectors. If your business is not successful here, it will not impact your permanent resident status.

What is the Minimum Investment Needed for a Startup Visa?

To immigrate to Canada on a start-up visa, you must have a minimum investment from an approved organization of $200,000 or $75,000 from a designated angel investor. However, businesses that are accepted into a business incubator program are not required to secure any investment.

Are Self-Employment Visas Available?

It is quite common for self-employed immigrants to come to Canada. In order to do so, you need a minimum of two years of applicable experience as a farmer, professional athlete, or artisan. If you meet these requirements, you could be granted a self-employment visa.

Work with an Experienced Immigration Lawyer in Mississauga

If you are considering obtaining a visa as an entrepreneur or self-employed individual to enter Canada, you should speak to an experienced lawyer as soon as you can. Schedule a consultation with Nanda & Associate Lawyers by calling (905)-405-0199 or use our online contact form. We assist clients of all nationalities and backgrounds and offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

14 July
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Brain Injury Lawyer FAQ

Posted by Nanda and Associate Lawyers
in Blog, Personal Injury Lawyers

Brain injuries, often referred to as traumatic brain injuries or TBIs, are among the most serious injuries a person can sustain. Brain injuries are a common driving force in many personal injury claims, and rightfully so. Depending on the severity of a brain injury, a victim might not be able to care for themselves or their family in the way they once did, might lose their career, and may even experience personality changes. Not surprisingly, brain injuries can also come with a hefty price tag. If you or a loved one sustained a TBI in a car accident, a slip and fall, or another type of preventable accident, it’s likely that you likely have many pressing questions. You also need the assistance of an experienced Mississauga brain injury lawyer.

What Types of Accident Most Commonly Cause Brain Injuries?

A traumatic brain injury is a type of acquired brain injury (ABI), or one that is not hereditary or happens at birth. A TBI occurs when fragile neuronal brain tissue is damaged by impact or force, such as the force created by a car stopping suddenly. A TBI is one injury that can occur in many different types of situations, including:

Why do Brain Injuries Cause Changes in the Victim’s Emotions or Personality?

Even minor brain injuries can lead to problems with your emotional, physical, and mental well-being. Sometimes these changes are only temporary, but for other victims, they become permanent. Individuals who experience a TBI might find that they are irritable, fatigued, depressed, or moody as a result of their accident. TBIs can cause poor impulse control and behavior management. Because of these changes, their spousal and family relationships can be impacted. A brain injury lawyer can ensure that these types of hardships are accounted for when seeking compensation for TBI injuries.

How Much is Your TBI Case Worth?

Keep in mind that every brain injury is different, and no two personal injury cases are identical. Some of the factors that can determine how much compensation you will receive include:

  • The circumstances surrounding that accident
  • The sum of your medical expenses
  • If there will be ongoing medical expenses
  • If you can return to work
  • If you have behavior or personality problems

Hire a Skilled Brain Injury Lawyer in Mississauga Today

As your legal advocates, our goal is to provide you with the information, guidance, and representation you need for your traumatic brain injury case. We understand the challenges facing those who suffer from a minor or severe brain injury. We also know the burden that a TBI can place on their concerned family members.

Get in touch with Nanda & Associate Lawyers by calling (905)-405-0199 or use our online contact form to schedule your brain injury consultation today. We assist clients of all nationalities and backgrounds and offer legal services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.

16 June
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Canada’s Temporary Foreign Worker Program Adjusts its Median Wage Requirements and Addresses the Impacts of COVID-19

Posted by Nanda and Associate Lawyers
in Blog, Immigration
Temporary Foreign Worker Program COVID-19
Temporary Foreign Worker Program COVID-19

Recent analyses reveal that employees in Canadian provinces and territories have received increases in their hourly wages. In order to identify and meet the requirements of the Temporary Foreign Worker Program (TFWP), Canadian employers who employ foreign employees go by the provincial and territorial median hourly wage.

Whether employers should apply for the Labour Market Impact Assessment (LMIA) under the stream for high-wage or low-wage positions will be based on how much they pay and where the position is located. On May 11, 2020, the new median wage requirements became effective. For example, Alberta’s median hourly wage went from $26.67 to $27.28, British Columbia’s grew to $25 from $23.98, and Quebec’s increased from $22 to 23.08.

The COVID-19 Pandemic’s Impact on Canadian Employers and Foreign Workers

The COVID-19 pandemic presents many challenges for employers, one of them being able to hire foreign workers. However, Canada’s government is stepping up to assist employers as they attempt to work around the restrictions and challenges.

Employment Social Development Canada (ESDC) is applying several actions to all new and current LMIA applications to help both employers and foreign employees. These measures include:

  • Employers are only obligated to make minor administrative changes to the LMIA if they would change their terms and conditions
  • The recruitment requirements for LMIAs in agriculture and agri-food divisions are waived through October 2020
  • LMIAs for jobs in the agriculture and agri-food sectors are given priority
  • Employers who hire people in the low-wage stream as part of a three-year pilot have an increased maximum length of employment under LMIAs of two years
  • Employers who are under the Agricultural stream or Seasonal Agricultural Worker Program do not need to submit a new Housing Inspection Report; instead, they can provide a previously valid report
  • The procedures for changing a name for employers on the LMIA for reasons that correlate with COVID-19 have been accelerated

In addition to these provisions, Canada has incentives and resources for companies that are making their processes safer for their new foreign employees. There is currently a $50 million initiative for employers who support employees in taking part in the required period of isolation.

Border Crossing Restrictions in Place

The global coronavirus outbreak has caused many countries to place restrictions on foreigners crossing their borders, Canada being one of them. Foreign workers will only be permitted to cross the border if they are entering for an essential reason, as defined by the Canadian Border Services Agency (CBSA). Foreign nationals who need to enter the country to work in an area that is related to critical infrastructure are typically allowed entrance. However, they must show proof that they can only perform their job duties if they are physically living in Canada, and they have an acceptable plan to quarantine.

Applying for a Temporary Work Permit? Nanda & Associate Lawyers Can Help

Schedule your consultation with Nanda & Associate Lawyers by calling (647)-951-6200 or use our online contact form. Our lawyers assist clients of all nationalities and backgrounds. We also offer services in 15 different languages, including English, French, Hindi, Punjabi, Gujarati, Bangla, Chinese, Italian, Telugu, and Tamil.