Elias Rabinovitch Law

Toronto Criminal & Civil Law Blog

Criminal Law & Litigation, explained.

Plain-language writing on criminal defence, litigation, and the law. Written by Elias Rabinovitch. For information only, not legal advice.

This page is legal information, not legal advice. It describes the law in general terms and cannot account for the facts of your situation. Reading it does not create a lawyer and client relationship. For advice you can act on, speak with a lawyer about your own matter.

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Electronic monitoring ankle bracelet, house arrest and conditional sentence orders in Ontario
Records & ConsequencesAugust 22, 2026

House Arrest and Electronic Monitoring in Ontario

A conditional sentence order allows a jail term to be served in the community under strict conditions, including house arrest. For eligible offences, it is one of the most important tools for avoiding incarceration.

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Ontario Court of Justice in Toronto, what to expect at a bail hearing
Trial ProcessAugust 19, 2026

What Happens at a Bail Hearing in Ontario?

A bail hearing is one of the most consequential moments in a criminal case. What happens in that room determines whether you go home or stay in custody while your case works through the courts.

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Ontario provincial highway corridor - Highway 413 expropriation and landowner compensation
Civil LawAugust 13, 2026

Highway 413 Expropriation: What Landowners in Caledon, Vaughan, Brampton and Halton Need to Know

Fifty-two kilometres from Highway 401 in Halton to Highway 400 in Vaughan, roughly 500 properties, and about 2,000 acres of farmland. If the corridor crosses your land, one restriction in Bill 212 changes how this runs, and one deadline cannot be recovered.

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Ontario house for sale - failed real estate closing, deposit forfeiture and resale loss damages
Civil LawAugust 6, 2026

The Deposit Is Not the Ceiling: What a Failed Closing Really Costs in Ontario

In one 2026 Ontario decision, buyers who abandoned an unconditional deal on a $50,000 deposit ended up owing $188,075.22 plus $75,000 in costs. The deposit is a floor, not a cap, and in a falling market the gap is enormous.

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Ontario Construction Act amendments 2026 - mandatory annual holdback release rules
Civil LawAugust 1, 2026

The 2026 Holdback Changes: What Contractors and Owners Need to Do Differently

For anyone carrying years of accrued holdback on a long project, the Bill 60 amendments are the most useful change to the Construction Act in a decade. They also create new dates on which an owner can be in default.

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Toronto transit corridor construction - business loss compensation under the Expropriations Act
Civil LawJuly 26, 2026

Transit Construction Outside Your Door: Claiming Business Loss on Ontario Projects

On a partial taking along a transit corridor, the strip of land is often the least of it. The larger number is what the works do to a business trading through years of construction, and that claim lives or dies on records most owners never think to keep.

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Osgoode Hall in Toronto, the cost of civil litigation in Ontario
Civil LawJuly 23, 2026

What Civil Litigation Really Costs in Ontario, and When It Is Worth It

The first question most people ask before suing is not whether they will win. It is whether the fight is worth it. Here is how civil litigation costs actually work in Ontario, from filing fees to costs awards, and how to decide when a claim is worth pursuing.

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Canadian law books, debt collection through Ontario Small Claims Court
Civil LawJuly 18, 2026

Recovering an Unpaid Debt in Ontario: Demand Letters and Small Claims Court

Being owed money is not the same as being able to collect it. For debts up to $50,000, Ontario's Small Claims Court is designed to be accessible. Here is how recovery works, from the first demand letter to judgment, and what makes a debt worth pursuing.

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Ontario courthouse, Superior Court debt recovery over $50,000
Civil LawJuly 11, 2026

Collecting a Debt Over $50,000: Superior Court and Recovering Your Costs

When a debt is too large for Small Claims Court, recovery moves to the Superior Court of Justice. The process is more formal, but the tools are stronger, and a successful party can recover a meaningful share of its legal costs. Here is how it works in Ontario.

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Toronto commercial premises - commercial lease lockout, distress and relief from forfeiture in Ontario
Civil LawJuly 7, 2026

Your Commercial Landlord Changed the Locks. What Now?

Commercial tenancies are not residential tenancies. There is no tribunal, no automatic stay, and no requirement that a landlord see a judge before changing the locks. But not every lockout is lawful, and the clock on getting back in is short.

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Ontario Business Corporations Act - shareholder oppression remedy and minority squeeze-out
Civil LawJune 30, 2026

Being Squeezed Out of Your Own Company: The Oppression Remedy in Ontario

A squeeze-out is rarely one dramatic act. It is the information drying up, the board seat disappearing, the dividends stopping while the salaries rise. Individually each step looks defensible. The sequence is the claim.

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Ontario construction project - Construction Act lien preservation and the 60-day deadline
Civil LawJune 25, 2026

The 60-Day Construction Lien Deadline in Ontario, and the Date It Actually Runs From

Almost nobody loses a lien by miscounting to sixty. They lose it by starting the count on the wrong day. The Act fixes your trigger by role and by substantial performance, and a contractor's clock may have started months before they left site.

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Land survey of a rural property - utility and transmission easement compensation in Ontario
Civil LawJune 17, 2026

When They Want an Easement, Not Your Land: Utility and Transmission Corridors in Ontario

An easement is the quiet version of expropriation. Nobody takes your title, so it feels smaller than it is. What you actually give up is the ability to build, plant, or drain across a strip of your own land, permanently, and the compensation should price that.

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Toronto residential property - Ontario Line expropriation and Metrolinx compensation
Civil LawJune 10, 2026

The Ontario Line and Your Property: 906 Takings, and What Owners and Tenants Can Claim

Metrolinx has identified in the order of 906 properties it needs for the Ontario Line, with the heaviest residential impact through Toronto's east end. Owners are not the only ones with a claim, and most tenants never find that out.

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Ontario courthouse building, probation conditions and consequences explained
Records & ConsequencesJune 4, 2026

Probation in Ontario: Conditions and Consequences

Probation is the most common form of community supervision in Ontario criminal court. Understanding your conditions and the consequences of a breach is critical to staying on the right side of the law.

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Supreme Court of Canada in Ottawa, sentencing principles in Ontario criminal cases
Criminal ProcessMay 30, 2026

Sentencing in Ontario: What to Expect

Sentencing is the final step in a criminal prosecution. The range of outcomes is wider than most people realize, and effective advocacy at the sentencing stage can mean the difference between a conditional discharge and a period of incarceration.

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Historic courtroom interior Ontario, judge-alone criminal trial process
Criminal ProcessMay 27, 2026

Judge-Alone Trials in Ontario

Most criminal trials in Ontario are decided by a judge sitting alone, without a jury. In many cases, this is the strategically superior choice. Understanding the difference helps you make an informed election.

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Property survey plan, Ontario Land Tribunal expropriation compensation dispute
Civil LawMay 22, 2026

Taking Your Expropriation Claim to the Ontario Land Tribunal

When you cannot agree with an expropriating authority on what your land is worth, the dispute goes to the Ontario Land Tribunal. Here is how that referral works, what the hearing decides, and why owners who go the distance often recover far more than the first offer.

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Ontario courtroom interior, jury trial process in Ontario criminal court
Criminal ProcessMay 16, 2026

Jury Trials in Ontario: How They Work

Jury trials are the right of every accused person charged with an offence carrying a maximum sentence of five years or more. Understanding how the process works helps you and your lawyer make the right election for your case.

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Ontario courthouse, injurious affection and business loss expropriation compensation
Civil LawMay 9, 2026

Injurious Affection and Business Losses: The Expropriation Compensation Owners Miss

Most expropriation offers pay for the strip of land taken and stop there. The larger loss is often the damage to what you keep, and to the business that runs on it. Injurious affection and business loss are the compensation heads owners most often leave on the table.

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Ontario courthouse, partial taking easement and disturbance damages expropriation
Civil LawMay 3, 2026

Partial Takings, Easements, and Disturbance Damages in Ontario Expropriation

Not every expropriation takes your whole property. A road widening, a transit corridor, or a utility easement often takes a strip, and leaves you to deal with the consequences. Here is how partial takings, easements, and disturbance damages are compensated in Ontario.

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Statue of justice, enforcing a judgment and garnishment in Ontario
Civil LawApril 29, 2026

You Won Your Case, Now Collect: Enforcing a Judgment in Ontario

Winning a judgment is only half the job. If the other side will not pay, you have to enforce it. Garnishment, writs of seizure and sale, and examinations in aid of execution are the tools Ontario law gives you. Here is how each one works.

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Ontario courtroom interior, preliminary inquiry hearing process explained
Criminal ProcessApril 22, 2026

Preliminary Inquiries in Ontario: When They Help

A preliminary inquiry is a hearing before a provincial judge that determines whether there is sufficient evidence to send a case to trial. Skilled defence counsel uses the preliminary inquiry to test witnesses and lock in testimony before trial.

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Canadian law books, diversion programs for criminal charges in Ontario
Criminal ProcessApril 15, 2026

Diversion Programs for Criminal Charges in Ontario

Diversion programs allow first-time and low-risk offenders to resolve criminal charges without a conviction. Successfully completing diversion means the Crown withdraws your charges, leaving no criminal record.

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Ontario courtroom, peace bonds under section 810 of the Criminal Code
Criminal ProcessApril 7, 2026

Peace Bonds in Ontario: A Complete Guide

A peace bond under section 810 of the Criminal Code is a powerful tool that can resolve criminal charges without a conviction. Understanding when and how peace bonds are used can make a significant difference in your case.

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Osgoode Hall in Toronto, conditional and absolute discharges in Ontario sentencing
Criminal ProcessMarch 31, 2026

Conditional Discharge vs Absolute Discharge in Ontario

A discharge is one of the best outcomes available in Ontario criminal court. It means the accused is found guilty but does not receive a criminal conviction, protecting their record for the future.

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Historic Toronto courtroom interior, plea bargaining in Ontario criminal court
Criminal ProcessMarch 27, 2026

How Plea Bargaining Works in Ontario

Plea bargaining is a legitimate and common part of Ontario's criminal justice system. Understanding how it works allows you and your lawyer to make an informed, strategic decision about your case.

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Canadian law books, the Crown disclosure package in an Ontario criminal case
Criminal ProcessMarch 21, 2026

Understanding Your Disclosure Package in Ontario

The disclosure package is the foundation of every criminal defence. It contains the Crown's entire case against you, and reviewing it carefully is how your lawyer finds weaknesses in the prosecution.

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Professional in a suit leaving an office, criminal charge and professional licence consequences Ontario
Records & ConsequencesMarch 14, 2026

Charged While Holding a Professional Licence: Protecting Your Career in Ontario

For a doctor, nurse, teacher, accountant, or anyone holding a professional licence, the criminal charge is only half the problem. The other half is what a finding of guilt does to a career built over years. Here is how to protect both your case and your livelihood.

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Ontario courthouse exterior, first court appearance guide for criminal charges
Criminal ProcessMarch 10, 2026

What to Do at Your First Court Appearance in Ontario

Your first court appearance sets the tone for everything that follows. Knowing what to expect, what to say, and what to avoid can protect your rights and your record from day one.

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Osgoode Hall courtroom Toronto - Hearing of Necessity expropriation challenge Ontario
Civil LawMarch 5, 2026

The Hearing of Necessity in Ontario Expropriation: How to Challenge a Government Taking

The Hearing of Necessity is the most important and most overlooked right available to property owners facing expropriation in Ontario. You have exactly 30 days to request one. Most owners miss the window entirely.

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Land surveyor measuring property - expropriation compensation valuation Ontario
Civil LawFebruary 26, 2026

Expropriation Compensation in Ontario: Market Value, Injurious Affection, and Disturbance Damages

Most expropriated owners in Ontario accept compensation for the land that was taken and nothing else. Ontario's Expropriations Act entitles you to significantly more - if you know how to claim it.

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Fort Trumbull homeowner's last stand against government expropriation - property rights in Ontario
Civil LawFebruary 20, 2026

Expropriation in Ontario: Your Rights When the Government Takes Your Property

When a government body serves you with a Notice of Application for Approval to Expropriate, most property owners panic and accept whatever they are offered. This is the single most expensive mistake they can make. Here is what you actually need to know.

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Welcome to the United States of America border sign, criminal record and US travel consequences for Canadians
ConsequencesFebruary 15, 2026

Can a Criminal Charge or Record Stop You From Entering the United States?

A criminal record can follow you to the United States border. US authorities can deny entry based on a Canadian record, and for some offences the consequences are permanent. Here is what actually affects US travel and why the criminal outcome matters.

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Canadian passport with travel stamps, criminal charges and immigration inadmissibility consequences in Canada
ConsequencesFebruary 11, 2026

Criminal Charges and Your Immigration Status in Canada

For permanent residents and foreign nationals, a criminal conviction can mean far more than a sentence. It can lead to inadmissibility, loss of status, and removal from Canada. Here is how criminal charges and immigration consequences intersect, and why the criminal outcome is everything.

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Regulated professional working at an office desk, criminal charges and professional licence consequences in Ontario
ConsequencesFebruary 4, 2026

Criminal Charges and Your Professional Licence in Ontario

For doctors, nurses, lawyers, teachers, accountants, engineers, and other regulated professionals, a criminal charge threatens far more than a fine or a record. It can put your licence and your entire career at risk. Here is what is actually at stake and how to protect it.

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Ontario courtroom, how criminal charges are dropped or withdrawn
OutcomesJanuary 30, 2026

Can Criminal Charges Be Dropped or Withdrawn in Ontario?

Criminal charges in Ontario can be withdrawn by the Crown or stayed by the court. Understanding when and why this happens is the first step to knowing your options.

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Toronto criminal lawyer, victim affidavit and complainant rights when speaking to the Crown
Complainant RightsJanuary 25, 2026

Victims of Crimes in Toronto Affidavits: Speaking to Crown or Police

If you are named as the complainant in a criminal matter in Ontario and you no longer want to proceed, you may have come across the term 'victim affidavit.' Here is what every Toronto complainant needs to know before speaking to the Crown.

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Ontario courthouse - how long does a criminal case take, Toronto GTA court timelines
Trial ProcessJanuary 21, 2026

How Long Does a Criminal Case Take in Ontario?

Criminal cases in Ontario vary widely in length depending on the charge, the court, and the complexity of the issues. Here is a realistic breakdown of what to expect at each stage.

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Ontario courtroom, a guide to how a criminal trial runs in Toronto
Trial ProcessJanuary 16, 2026

Criminal Trials in Toronto, Woodbridge, and Beyond: The Ultimate Guide from a Toronto Criminal Lawyer

While trials are relatively uncommon (about 90% of cases settle before trial), they are an integral part of the justice system. Here's what actually happens, start to finish, and how a skilled Toronto trial lawyer makes the difference.

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Canadian law books, clearing a criminal record and starting fresh in Ontario
OutcomesJanuary 9, 2026

Criminal Records and Your Future: A Fresh Start!

The two questions I get most often: Am I going to jail? Will I have a criminal record? Here's how to avoid a criminal record in Ontario, and why doing so matters more than you think.

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Toronto criminal lawyer, youth offences and YCJA charges defence
Youth DefenceJanuary 1, 2026

Youth Offences in Toronto: What You Need to Know

Youth offences across the Greater Toronto Area are governed by the YCJA, which balances accountability with rehabilitation. If a young person is charged in Toronto, North York, Scarborough, Mississauga, or Brampton, understanding the process is crucial.

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