Agnieszka Swierzbinska Avocat Lawyer
1117 Sainte-Catherine Street West, suite 317 H3B 1H9 Montreal, QC, Canada

New Travel Restrictions When Travelling to Canada - COVID-19 TEST Before you travel please make sure there will be an available COVID-19 molecular test available to you when you are travelling abroad in order to be able to return to Canada. Starting January 7, 2021, Canada has announced mandatary requirements for air travelers 5 years of age or older to provide proof of a negative COVID-19 molecular test result to the airline prior to boarding international flights bound for Canada. Furthermore, the 14 days quarantine upon arrival still applies.

Between January 5-11, 2021, the Government of Canada has issued 10,000 invitations to apply for parents or grandparents sponsorship. You have to apply with all documents within 60 days of being invited. Do you need help? Give us a call. If you can’t get all done within 60 days due to COVID-19 then you can apply with a letter of explanation before the expiration of 60 days to get an extension of 90 days to submit your application with all the documents. https://www.canada.ca//sponsor-parents-grand/selected.html

Quebec Curfew Due To COVID-19 and Tickets The Quebec government mandated for all, except essential workers, a curfew between 8pm and 5am from January 9 to February 8, 2021. On January 13, 2021, there has been 234 695 confirmed cases of COVID-19 in Quebec. Those that do not comply can be issued fines by police from $1 000 to $6 000 if they are unable to adequately justify why they are outside the home. People between 18 and 14 years of age can be issued a $500 fine. Essential... workers are encouraged to obtain a letter from their employers. However it was reported yesterday that essential workers at a food plant in St-Laurent who were working a night shift were issued tickets while waiting for a bus. If you are an employer make sure the attestation is updated for the curfew. On the government site here you can get an example of an attestation to be used for curfew. https://www.quebec.ca//2019-coronav/confinement-in-quebec/ Also if you were issued a ticket, call or email us for get a consultation to see your chances of fighting the ticket. https://montreal.ctvnews.ca//montreal-evening-shift-worker

Victory In Superior Court Changes Quebec Policy for International Students On December 30th, 2021, the Quebec government announced that it will suspend giving the CSQ until March 31, 2021, for 10 private colleges having a high percentage of students from India. The 10 private Colleges are le Collège M du Canada, le Collège Matrix, Collège Canada, le Collège Herzing, CDE Collège, le Collège des technologies de l’information de Montréal, l’Institut supérieur d’informatique (ISI...), le campus de Gatineau du Collège Universel, Collège CDI et le campus de Montréal du Cégep de la Gaspésie et des Îles. But on Monday, January 11th, 2021 the Superior Court presided by judge Gregory Moore ordered Immigration Quebec to continue to process applications for the Montreal campus of Cégep de la Gaspésie et des Îles, which is affiliated with Collège Matrix for recruiting students from India. Then today, January 12, 2021, the government of Quebec went back on its position to suspend the processing of CSQ for all 10 private colleges listed above. Read more in French here https://ici.radio-canada.ca//immigration-recrutement-fraud See more

New informative immigration law dedicated website created www.CNDimmigrationattorney.com Check it out for Ontario and Quebec immigration news and Canada.

During the COVID-19 Pandemic, we offer consultations over ZOOM.

COVID-19 and Post-graduation work permit PGWP With the pandemic still affecting daily life in Canada and in the world, the government of Canada announced some good news for international students. On January 8th, 2021, Canada announced that foreign nationals present in Canada who have graduated but couldn't find employement due to covid-19 and have an expired or expiring Post-graduation work permit (PGWP) can apply for another open work permit, which will be valid for 18 months.

Annulation ou modification de la pension alimentaire Il est possible de demander à la cour supérieure de modifier ou annuler le paiement d’une pension alimentaire à l’enfant selon votre cas particulier. Si votre revenu à changé (vous êtes sur le chômage ou mise à pieds du travail, ou congédie ou licencié) votre salaire change et il possible de demander une modification du paiement de la pension alimentaire selon le cas particulier. Si votre enfant majeur est indépendant, n’est plus aux études et travaille il est possible de demander pour une annulation de la pension alimentaire. Il y a bien sûr des exceptions dans le cas et la meilleure pratique serait de parler avec votre avocat de votre situation particulière.

Immigration Delays and COVID-19 There has been a lot of information given recently from the Federal government about different measures taken about immigration and refugee programs in the last few days. Regarding applications for permanent residents, if you had to get biometrics or medical exams and because of the COVID-19 crisis, you are unable to do so, the immigration officer in charge of you case will send you a reminder at the expiration of you time limit giving you an ...extension of 90 days to provide the missing documents. If you are in Canada on a study permit or work permit or visitor visa that is about to expire, the government is directing them to apply only before it expires. By law the student or temporary foreign worker is allowed to remain in Canada until a decision is made on their application. This is called implied status. If you are outside Canada at this time, only Canadian citizens, and permanent residents, and some foreign nationals travelling from the United States (US) who have been in the US for at least 14 days and are asymptomatic, are able to enter Canada by air at this time. This directive was modified on March 20, 2020. Details are found here https://www.canada.ca/en/immigration-refugees-citizenship/ Foreign nationals approved for permanent residence before March 16, 2020, and temporary foreign workers and international students who were approved for a study permit prior to March 18, 2020, are allowed to come to Canada by air or by land crossing, if they had not travelled to Canada yet. Also as of midnight on March 20, 2020, all non-essential travel across the Canada-US border is now restricted.

Litige durant la crise du COVID-19 Depuis le 13 mars 2020, le Québec et le Canada sont dans un état de crise qui change presque quotidiennement. Les tribunaux au Québec ont des règles qui restreint l’accès aux tribunaux sauf pour des matières urgentes. Les matières urgentes en droit civil sont : la demande d’injonction provisoire, les saisies avant jugement, les ordonnances de mainlevée de saisie, annulation de saisie, avant jugement ou contestation d’expulsion, délivrance ...Continue reading

Charity V. Non-Profit Organization In Canada, you may be surprised to know that not all non-profit organizations qualify to be granted charity status by the Canada Revenue Agency (CRA). The Provinces Revenu Agencies, such as Revenu Quebec, follow the ruling of the CRA regarding the determination if a non-profit organization qualifies as a charity. This qualification dates back to 1891 with the Commissioners v. Pemsel case (reference: Income Tax Special Purposes Commissioners ...v. Pemsel [1891] AC 531). Lord Macnaghten in Pemsel Case interpreted the Preamble to the U.K. Statute of Charitable Uses of 1601 to mean that there are 4 heads of charity, namely: 1. the relief of poverty, 2. the advancement of education, 3. the advancement of religion and 4. other purposes beneficial to the community not falling within any of the other heads named. Pemsel case is applicable in Canada as it had been absorbed into the common law applicable to Commonwealth jurisprudence and it is still applicable even though the Statute has been repealed in United Kingdom in 1888 by the Mortmain and Charitable Uses Act, 1888. Supreme Court of Canada confirmed in 1991 that the Pemsel 4 heads of charity is still the law applicable in Canada in the case Vancouver Society of Immigrant and Visible Minority Women v. M.N.R. [1999] 1 SCR 10. According to the same case, there must also be a public benefit to the charity. Under the first 3 heads of charity, public benefit is presumed, but under the fourth head of charity must be demonstrated. The fourth head of charity, namely "other purposes beneficial to the community not falling within any of the other heads named," is surprisingly restrictive and refers among other to construction of bridges, roads, infrastructure. If you believe that you are a non-profit organization and you want to apply for charity status, make sure that your purpose, your by-laws and your constitution is well defined as to the 4 heads of charity, otherwise you are risking a rejected application by the CRA. Therefore, consult your lawyer.

Today, January 22nd, 2016, Justice Brent Knazan of the Ontario Court of Justice dismissed the case against Gregory Alain Elliott (R. v. Elliott, 2016 ONCJ 35). The 80 pages judgement can be read here. Ms. Reilly was alleging that Mr. Elliott was harassing her on twitter. However, the judge was not convinced that Ms. Reilly was afraid for her life. [ 254 more words. ] https://montreallawyerswierzbinska.wordpress.com//privacy-