Donna Tiqui-Shebib B.A (Hons.), LL.B.

Barrister, Solicitor & Notary

 

LEGAL SERVICES IN: MATRIMONIAL, FAMILY & IMMIGRATION LAW

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Matrimonial and Family Law

  Definition of Family Law

  Custody, Access and Wardship

  Child Support

  Spousal Support

  Property

  Co-habitation, Marriage and Divorce

 

Citizenship and Immigration Law

Definition of Citizenship and  Immigration Law

Refugee Protection Law

 

Application for Protected Status

 

Application for Judicial Review

 

Applications Pursuant to PRRA or PDRCC

 

Detention and Release

 

Extraordinary Remedies and Humanitarian & Compassionate Relief

 

Immigration Law

 

Applications for Permanent Residents

 

Applications for Temporary Entry

 

Applications for Entry in Circumstances of Inadmissibility

 

Applications for Humanitarian and Compassionate Relief and Discretionary Relief
 

Applications for Appellate or Judicial Relief

 

Applications for Maintaining or Reinstating Permanent Residence Status and Canadian Citizenship

 

Danger Opinions, Inquiries, Stay of Removal and Detention Reviews

 

PRACTICE AREAS

Matrimonial and Family Law

Definition of Family Law                            

The practice of family law deals with all aspects of domestic relationships within or outside marriage such as separation and divorce, property issues, support issues, child custody and access, child protection cases and adoption, and domestic contracts.

Custody, Access and Wardship                                                                        

  • opinions from mental health professionals                

  • child legal representation

  • sole custody or wardship

  • joint custody

  • alternate custody arrangements

  • mobility

  • mental/physical abuse of a party or child

  • parenting abilities

  • non-removal orders

  • withholding, apprehension or abduction of a child

  • access and frequency

  • request for no access

  • parenting dispute

Child Support

  • child support guidelines

  • split custody

  • shared custody

  • entitlement

  • over $150,000

  • support against spouse who stands in place of parent or impact of second income

  • s.7 expenses

  • undue hardship

  • financial disclosure

  • determination of incomes

  • imputing of income

  • child support provisions in domestic contract including variation and setting

  • aside

  • definition of parent

Spousal Support

  • opinions from experts regarding financial issues

  • entitlement

  • lump sum awards

  • periodic awards including limited and long term awards

  • limitation period

  • need and ability to pay

  • determination of income

  • financial disclosure

  • imputing of income

  • spousal support provisions in domestic contract, including variation and setting

  • aside taxation

  • statutory support objectives

Property

  • opinions from experts regarding property or other financial issues

  • valuation and appraisal of assets, including pensions, businesses, stock options, and real property

  • trusts , e.g. resulting trust, constructive trust, unjust enrichment

  • limitation period

  • preservation of property vesting, receivership

  • non-dissipation

  • exclusive possession of matrimonial home

  • unequal division of property

  • property division between common law couples

  • excluded property

  • determination of ownership and beneficial interest in business and other assets

  • determination of liabilities

  • certificate of pending litigation

  • property provisions in domestic contract including setting aside taxation

  • quantification of net family property and equalization payment

 Cohabitation, Marriage and Divorce

  • jurisdiction

  • grounds for divorce

  • severance

  • validity or recognition of foreign divorce

  • entitlement to marry

  • the terms of a cohabitation agreement including drafting a cohabitation agreement

  • the terms of a marriage contract including drafting a marriage contract

  • estate issues

Citizenship and Immigration Law 

Definition of Citizenship and Immigration Law

The practice of Citizenship and Immigration Law is the practice of law relating to all aspects of Immigration and Refugee Protection. The practice of Refugee Protection Law encompasses all refugee determination matters arising out of the Immigration and Refugee Protection Act, 2002, and Regulations, in particular Part II of the Act, eligibility and admissibility, detention and release, review and appellate remedies including the application of the Charter of Rights and Freedoms, the Bill of Rights and International Conventions.

The practice of Immigration Law encompasses all other matters, arising out of the Immigration and Refugee Protection Act, 2002 and Regulations, the Citizenship Act and Regulations, and related Statutes including matters involving temporary entry to Canada, permanent entry, enforcement, citizenship, review and appellate remedies, including the application of the Charter of Rights and Freedoms and Bill of Rights.

Refugee Protection Law

Applications for Protected Status

  • Eligibility matters

  • Refugee matters

  • Rejected Refugee Claimants

  • Preparation and filing of Personal Information Forms

  • Appearances at Refugee Hearings before the Immigration and Refugee Board

Applications for Judicial Review

  • Applications for Leave and Judicial Review

  • Opinions on the merits of further proceedings

  • Perfecting the Application for Leave and Judicial Review in the Federal Court

Applications Pursuant to PRRA or PDRCC

  • Advising clients or prospective clients on post refugee reviews either under PDRCC or PRRA

  • Processing such applications

Detention and Release

  • Detention and Release matters of persons seeking Refugee Protection and their prospect of success.

  • Attendance at hearings before the Immigration Division in respect to these matters

Extraordinary Remedies and Humanitarian & Compassionate Relief

  • Stays of Deportation or Removal

  • Humanitarian and Compassionate applications

Immigration Law

Applications for Permanent Residents:

  • Skilled Workers matters;

  • Family Class and Spouse in Canada Sponsorship matters; and

  • Business Class matters.

Applications for Temporary Entry

  • Acquisition of temporary status as a Foreign Worker/Foreign National issued a Work Permit, Foreign Student/Foreign National issued a Study Permit, Visitor /Foreign National status, Discretionary Entry which involves the following:

  • Assessment of prospects to obtain temporary status as a Worker, Student or Visitor including Employment Authorizations/Work Permit matters

  • Employment validation or labour market opinion matters;

  • Validation exempt matters: GATS, NAFTA or exemptions provided under the former Immigration Act or the Immigration and Refugee Protection Act and Regulations.

  • Entitlement to status as a Visitor or a Foreign Student including extensions of such status.

Applications for Entry in Circumstances of Inadmissibility

  • medical inadmissibility,

  • criminal inadmissibility; and

  • other form of inadmissibility.

Applications for Humanitarian and Compassionate Relief and Discretionary Relief

  • Assessment of the prospects of success in the acquisition of humanitarian and compassionate relief or discretionary determinations (i.e. Positive Discretion /Substituted Opinion) and Ministers Permits / Temporary Resident Permits.

Applications for Appellate or Judicial Relief

  • Immigration and Refugee Board Appeals or Applications for Judicial Review

  • Advising clients or prospective clients as to the assessment of their prospects for success, including: Immigration and Refugee Board matters, and Federal Court of Canada matters.

  • Perfecting the Application for Leave and for Judicial Review in the Federal Court,

  • Appearing before the Federal Court or provincial Superior Court on any Immigration matter

  • Appearing before the Immigration Appeal Division on an appeal

Applications for Maintaining or Reinstating Permanent Resident Status and Canadian Citizenship

  • Maintaining or reinstating Permanent Resident Status or obtaining Canadian citizenship

  • Providing strategic advice to clients or prospective clients as to the assessment of their prospects for maintaining their permanent resident status or obtaining Canadian citizenship.

Danger Opinions, Inquiries, Stay of Removal and Detention Reviews

  • Possible opinion by the Minister that an individual constitutes a danger to the public in Canada

  • Deportation and removal

  • Misrepresentation

  • Breach of terms and conditions of entry or landing, and/or loss of status;

  • Applications in the Federal Court for a stay of removal; and/or detention reviews