Mantra Legal Services also provides services as Process Servers.
Process Servers are individuals who serve legal documents / notice issued by the Courts to include Subpoenas, Summons and Complaints, Small Claims documents and /or court orders and any other documents issued by Circuit, District or Probate Courts, to a party (usually the Defendant/Respondent) requiring them to respond to a proceeding scheduled to be held before a court, government body, or a tribunal.
Notice or Legal Documents are usually provided/served by presenting the party in question with court documents. Some documents must be served personally, while others may be served upon a person as per the Rules of the respective courts.
Notary Public
Mantra Legal Services is now offering Notary Public and Commissioner of Oaths services to the public.
Notaries can witness oaths, sign affidavits, and certify true copies of documents like Passports, ID’s etc. Often notary publics serve as witnesses to the execution of documents, contracts, and agreements. A notary public also has the authority to administer oaths, solemn affirmations, and declarations that are used for affidavits and statutory declarations.
Please note all notarization must be done in our presence. Contact us to make an appointment.
Free Consultation
Call today for an appointment, a no-risk 30-minute consultation. Give us an opportunity to review your case to give you an honest, straightforward assessment. This consultation may be just what you need to determine if you have a case or not.
There is no commitment for you to retain Mantra Legal Services after your free consultation. Most legal matters are time sensitive, and you need to weigh your options carefully before you take any step in your matter.
Please remember to bring all important and necessary documents to your consultation. Failure to bring required documentation may hinder the ability to get a proper assessment of your case. Please note all initial consultations are limited to 30 minutes.
Did you get a Speeding Ticket, a Stunt Driving or a Careless Driving Ticket ? You only have a limited time to act and could face huge fines. Let us protect your driving record along with your insurance premiums.
The Ontario Court of Justice hears virtually all matters related to the Highway Traffic Act & Provincial Offence matters as well as offences against municipal by-laws.
Some of the matters include:
Highway Traffic Act – speeding, careless driving, or not wearing your seatbelt, hand-held devices, etc.
Compulsory Automobile Insurance Act – failing to surrender your insurance card, possessing a fake or invalid insurance card.
Liquor Licence Act – public intoxication or selling alcohol to a minor.
Trespass to Property Act – entering premises when entry is prohibited or failing to leave premises after being directed to do so
City By-Laws – such as infractions under noise control, property standards and animal control by-laws
There are many different types of charges that are covered under the Provincial Offences Act and there are many enforcement agencies, who can issue you a ticket, including some of the following:
City By-law Enforcement
City Police Services
Ontario Provincial Police
Ministry of Transportation
Ministry of Environment
Ministry of Labour
Ministry of Natural Resources
Ministry of Health
Offences under the Highway Traffic Act (HTA)
Speeding Offences
Speeding offences are the most common offences that we assist our clients with. The most serious of these offences are for rates of speed 50 km/h or more over the posted speed limit. These offences carry the highest range of penalties upon conviction.
Speeding offences come with court penalties such as a fine, suspension of driver’s licence, or in the worst cases of a Stunt Driving offence even imprisonment. Upon conviction, the MTO can also require you to attend a licence-review interview (that you must pay to attend), suspend your licence, or even outright revoke your licence.
A conviction at court can also directly impact your insurance costs including being forced onto very expensive high-risk insurance.
For speeding offences that are 50 km/h or more over the speed limit the court can suspend your licence as follows:
suspend the driver’s licence of the person for a period of not more than 30 days;
upon the first subsequent conviction where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than 60 days;
upon the second subsequent conviction or an additional subsequent conviction, where the court determined in respect of each conviction that the person was driving at a rate of speed of 50 or more kilometres per hour greater than the speed limit, suspend the driver’s licence of the person for a period of not more than one year. 2005, c. 26, Sched. A, s. 17 (9).
A conviction is considered subsequent if it was within 5 years of a previous offence.
PENALTIES FOR A NOVICE DRIVER
Novice drivers are those who have not yet achieved a full licence (i.e. those on a G1, G2, M1, or M2 licence). Novice driver licences are more fragile than a full licence and are subject to various restrictions and conditions. Once such condition is that a conviction for any single offence carrying 4 or more demerit points will result in escalated sanctions penalties from the MTO.
As an offence for speeding 50 km/h or more over the posted speed limit carries a 6-demerit point penalty, upon conviction a novice driver would also be subject to escalated sanctions penalties as follows:
30-day licence suspension for the first occurrence.
90-day licence suspension for the second occurrence.
Licence cancellation and a requirement to re-apply for a G1/M1 after the third occurrence. Any fees paid, credit received for time spent in the program or BDE credit would be forfeited when the licence is cancelled. Please note that in the case of a hybrid driver, only the novice-class licence is cancelled on the third occasion; their full-class licence is maintained.
Penalties for driving without Insurance:
Generally, a court conviction will have three areas of penalties:
Court penalties
MTO penalties
Impact to insurance
The court penalties for driving without insurance, permitting a person to drive a motor vehicle without insurance, or providing false proof of insurance.
Being found guilty would also result in a record of conviction being entered against your driving history. A conviction under one of the subsections of CAIA s.2 may result in being cancelled from standard insurance coverage and being forced to seek out a high-risk insurance policy.
For many Ontario drivers the cost of high-risk insurance may simply be unaffordable leading to a much longer period of being unable to legally drive. The much lesser offence of Fail to Surrender insurance card would carry a total-payable fine of $65 and generally have a comparably minor impact to insurance.
As such, the penalties for a first or subsequent conviction would be:
Offence
Total Payable Fine
Suspension
First
$6,250 to $31,250
Up to 1 year
Subsequent
$12,500 to $62,500
Up to 1 year
CMV (Commercial Motor Vehicle) DRIVERS
Commercial Motor Vehicle (CMV) drivers, such as transport truck drivers, are held to a higher standard than other drivers on Ontario’s roadways. Commercial motor vehicles are significantly larger and heavier than other vehicles and can carry very heavy cargo including dangerous goods. Carelessly driving a CMV can lead to much more severe consequences than a regular vehicle. When a CMV driver is charged with an offence by the police, the repercussions can be much more serious compared to them having been charged in a regular vehicle.
The basic penalties would still apply for court penalties, demerit points, licence suspensions, imprisonment, and impact to insurance costs. However, CMV drivers also face the impact to potentially losing their current employment and difficulty in obtaining new employment. The fines for CMV offences can also much higher.
It is not uncommon to see both the driver and their company charged for the same incident with separate offences. This can lead to the company receiving records of conviction against their CVOR for all charges issued.
CMV offences will generally include the employer’s CVOR number on the offence notice. Just like the driver would receive a record of conviction and demerit points, the company that they work for will also receive a record of conviction and CVOR points. A conviction against the driver can also lead to a conviction against their employer’s CVOR history causing increases to the company’s insurance rates and bringing them into conflict with the Ministry of Transportation.
Range of Speeding
CVOR Points
+1 to +10
2
+11 to +20
3
+21 or greater
5
Using a Hand-held Device or Cell Phone while driving in Ontario
Using Hand-held communication devices while driving can result in being charged by the police for “Drive with Handheld Communication Device.” These charges carry a significant court fine, 3 demerit points, and can have a significant impact to insurance costs. These offences can also carry a suspension of driver’s licence.
The main change is an increase to fines depending on how many previous convictions have occurred along with the addition of mandatory licence suspensions. Novice drivers are also subject to additional penalties.
COURT PENALTIES FOR OFFENCES EFFECTIVE JANUARY 1, 2019
The current changes to this area of the Highway Traffic Act have taken effect since January 1, 2019. The penalties are as follows:
“(6.1) Every person who contravenes this section is guilty of an offence and on conviction is liable,
for a first offence, to a fine of not less than $500 and not more than $1,000;
for a first subsequent offence, to a fine of not less than $500 and not more than $2,000; and
for a second subsequent or an additional subsequent offence, to a fine of not less than $500 and not more than $3,000. 2017, c. 26, Sched. 4, s. 16.
Same
(6.2) If a person is convicted of an offence under this section, the Registrar shall suspend his or her driver’s licence,
for a first offence, for three days;
for a first subsequent offence, for seven days; and
for a second subsequent or an additional subsequent offence, for 30 days. 2017, c. 26, Sched. 4, s. 16.
Same
(6.3) An offence under this section committed more than five years after a previous conviction for an offence under this section is not a subsequent offence for the purposes of subsection (6.1) or (6.2). 2017, c. 26, Sched. 4, s. 16.”
This can most easily be summarized as follows:
Occurrence
Fine*
Licence Suspension
1st
$500 to $1000
3 Days
2nd
$500 to $2000
7 Days
3rd or later
$500 to $3000
30 Days
* This is the base fine issued by the court and is subject to the additional victim fine surcharge.
NOVICE DRIVERS DRIVING WITH HANDHELD COMMUNICATION DEVICE
Novice drivers are drivers in the early stages of the licencing process (i.e.. G1, G2, M1, M2) in Ontario. These licences permit fewer demerit points to be accumulated and are subject to multiple conditions and restrictions. One such condition is that a conviction for Drive with Handheld Communication Device will trigger the MTO’s ‘escalated sanctions penalty.’ These additional penalties are as follows:
30-day licence suspension for the first occurrence
90-day licence suspension for the second occurrence
Licence cancellation and a requirement to re-apply for a G1/M1 after the third occurrence. Any fees paid, credit received for time spent in the program or BDE credit would be forfeited when the licence is cancelled. Please note that in the case of a hybrid driver, only the novice-class licence is cancelled on the third occasion; their full-class licence is maintained.
Novice drivers may already be on high-risk insurance or borderline to being on high-risk insurance. Given their limited driving history and greater risk assessment, novice drivers may experience greater insurance problems than a fully licenced and experienced driver.
Mantra Legal Services is here to provide you with legal support and reliable Defence, so that you do not risk conviction because you were unaware of the criminal process.
If you plead guilty to a criminal offence, you admit the allegations and relieve the crown to prove your case beyond a reasonable doubt. A criminal record may create difficulties with employment and/or travelling to other countries.
If you have been charged with a criminal offence, we can help you. It is important that you weigh your options and act quickly if you have been charged with a criminal offence. The steps that you take will affect your future, and in some cases your freedom. A criminal charge is a serious matter which should not be taken lightly.
In Ontario, the Small Claims Court is a branch of the Superior Court of Justice. It deals with civil disputes of a monetary value of up to $35,000.
Mantra Legal Services will make sure to represent you in every step of your litigation process starting from commencing a Legal action to the enforcement of a Judgment. Whether you are just starting your Action/Claim, or you have been served with a Claim and need to file a Defence, we can help. We can also help with just one step of the process such as attendance at a Settlement Conference, Assessment Hearing or Trial.
Some of the main steps in civil litigation are:
Drafting, filing, and serving of Plaintiff’s Claim, Defence, Defendants’ Claim & Third-Party Claim.
Representation at Settlement Conference.
Representation at an Assessment Hearing.
Drafting, filing, serving, and representation of Motions.
Preparation and representation of Trials.
Examination, Hearings, and Enforcement of Judgment.
Enforcement of Judgments & Tribunal Orders
Judgment Debtors Examination Hearings
Writ of Seizure and Sale of Land or Personal Property
Garnishment of Bank Accounts and wages
Enforcement of Landlord & Tenant (LTB) orders, and other Tribunals
Other matters that we can assist you with:
Enforcing Judgements:
If you have obtained a Judgment but are now unable to collect, we can assist you locate a debtor(s), identify assets, and enforce your Judgment(s) via Garnishment, Writ or Seizure of Assets.
Legal Notice(s) and /or Demand Letter(s)
Simply sending a Demand Letter or a Legal Notice that clearly outlines your request is sometimes the most effective way at resolving your matter.
Unpaid Monies / Amounts:
We have assisted in recovering unpaid monies, arrears, receivables, and loans. Small Claims Court is your most effective and least expensive tool for way of collecting your outstanding debts.
Renovation Disputes:
We can assist you with any renovations that have gone bad, unfinished, abandoned or you have been left short of complete and satisfactory work and have incurred further costs to fix these deficiencies. We can assist in taking the next best steps to determine the compensation in damages you may rightfully deserve.
Repairs & Storage Liens Act (RSLA):
If you need help while disputing an Invoice, unpaid storage bills or mechanic’s invoice or lien, we can assist you in resolving the repair or storage dispute through Small Claims Court.
Dispute with Neighbours:
If you are having issues with your neighbour from simply causing a nuisance to building fences that do not comply with the City By-Laws, many of these types of disputes can be dealt in the Small Claims Court.
Drafting Documents:
We can effectively assist you in drafting documents for all Small Claims Court processes which can be difficult to prepare when you are unfamiliar with the legal process. We can help you prepare your Plaintiff’s Claim, Defence, Motion along with the Affidavit to support your Small Claims Court Motion, Defendant’s Claim & Third-Party Claim.
Court Appearances:
We can be retained for the sole purpose of attending the following types of hearings: Motions, Settlement Conferences, Terms of Payment Hearings, Assessment Hearings, Trials, and Garnishment Hearings.
Mantra Legal Services provides legal representation to Landlords as well as Tenants who have matters before the Ontario Landlord & Tenant Board. Matters including Evictions, dealing with unpaid rents, damage to the property. We provide services such as preparation and service of notices and filing of applications with the Board, as well as representation throughout the adjudication process and / or mediation to resolve the disputes that may arise between residential Landlords and Tenants.
The Landlord & Tenant Board’s role is to provide resolution in accordance with the Residential Tenancies Act (RTA) and to resolve disputes between most residential Landlords and Tenants.
The Residential Tenancies Act sets out different rules but also safeguards the rights of both Landlord and Tenants.
While representing you as a Landlord, we can help make the process of evicting a tenant much easier, resolve late/non-payment(s) towards rent, unruly tenants, or damage to your premises.
While representing you as a Tenant, we can help you know and understand your rights and obligations, and guide you to sign a residential lease while making sure that it complies with all the applicable laws and protect your own interests.
Mantra Legal Services 