Kutty, Jilani & Associates
156 Oxford Street West N6H 1S1 London, ON, Canada

Why is the media so quiet about the Nashville Christmas Day bomber? Because he is not Muslim! Just imagine if he was a Muslim, was associated with a Muslim or had been to a mosque. Consider these facts:... 1) According to a 2019 study from Georgia State University, terrorist attacks by Muslims get 357% more media coverage than terrorist attacks (not even called terrorism) carried out by non-Muslims. -- shorturl.at/fsPX0 2) Out of the 42 people killed by extremists on U.S. soil in 2019, 38 were slain by white supremacist or far right-wing actors. I'm not claiming that the Nashville bomber was a white supremacist, but he certainly was not a Muslim. 3) Nuanced discussions about the mental health of perpetrators only surface when they are not Muslims or minorities. Minority suspects, especially, if they are Muslims must always be cold-blooded calculated killers representative of their community. Caucasian non-Muslim suspects may be mentally ill or legally insane (therefore they are not representative). This is how we perpetuate the idea that violence, hate and terrorism is to be expected from "them" (Muslims, others, etc.) and an aberration for "us" white non-Muslims. See the cover from the New York Times edited by NBC reporter Ayman Mohyeldin. #doublestandards #UsVsThem

We are looking forward to this event. Here is a message from the Canadian Muslim Lawyers Association - CMLA - L' ACAM: The CMLA is hosting an event on the 29th of November entitled On the frontlines: Dealing with Islamophobia and Anti-Black racism in law. ... The event will occur in two parts: PART 1: From 10:00am -12:00pm we will have a panel-style legal education session- with a pending CPD accreditation - for lawyers and students to learn how to recognize and address Islamophobia and anti-Black racism both personally and on behalf of their clients. Our panelists will share their perspectives and insights from various areas of practice that include family law, immigration/refugee law, criminal law and human rights among others. PART 2; From 12:00pm - 5pm we will be offering 50 mins of free summary legal advice to the public in the areas of Islamophobia, discrimination, anti-Black racism and human rights. We are also looking for lawyers who practice in areas that frequently encounter Islamophobia, anti-Black racism, discrimination and human rights law to volunteer their time to provide legal advice. Register today! https://www.cmla-acam.ca//on-the-frontlines-a-discussion-o

Look, every marriage goes through rough patches, but before you make life altering decisions, get some advice. Perhaps guided mediation is the solution you are looking for or both sides just need to be made aware of the legal consequences of their decisions. Even if you've decided to separate, its alot better (and cheaper) to have a collaborative amicable separation than a contested one. For any of the above. Contact us. We can help. [email protected] 519 601 5080

If you wish to participate in this event on November 18, 2020, then you can do so via this link https://mcgill.zoom.us/j/84732486728

We are happy to announce that Faisal Kutty's article titled "In Search of the Elusive Middle Ground Between Blasphemy and Free Speech: From Defamation of Religion to Incitement to Hate" appears in the collection of essays titled Constitutional Democracy Under Stress: A Time For Heroic Citizenship edited by Peter L Biro. The book is now available for sale through https://www.ipgbook.com/constitutional-democracy-under-stre The chapter argues that blasphemy and apostasy laws ha...ve no place in the modern world, but we do need a discussion about setting limits on free speech and that this discussion must be open to the community of nations and must allow all communities to have some say. Rather than hysterically dismissing calls from Islamic groups to provide some level of protection to religious symbols outright as leading us down the slippery slope of banning any critical discussion of religion, it would serve us well to engage with these groups in addressing their valid complaints about Islamophobia. We could then move from the points of agreement to areas of disagreement and work toward developing a more inclusive international consensus. Indeed, given the existence of similar tensions between religion, hate, sacred symbols and free expression in much of the world, the two sides may not be as far apart as many of us both in the East and the West believe. It is indeed encouraging that even with the minimal constructive engagement that has taken place to date on the issue, there appears to be a move away from the defamation of religion language to incitement language. It is also clear that proponents of the initiative realize that persuasion and playing with the international community and within the bounds of international norms is important, even if the ultimate goal may be to try to push the norms to be more reflective. We understand that thanks to the kindness and initiative of Nathalie Des Rosiers and Tom Axworthy, Massey College will be officially launching the book by webinar on August 26.

I am a Canadian and proud of it, but that does not mean that I am a blind patriot. Even though I buy at least one poppy every year, I don't wear one every year. I experience cognitive dissonance and I feel conflicted often times because although I am grateful for the sacrifices made by our soldiers in past wars, I feel uneasy about it being misinterpreted as support for my country's transgressions and interventions in immoral conflicts, engagements, and civilian deaths. At ...a macro or abstract level, I don’t support wars, but I realize that sometimes it is a necessary evil. Yes, people fought for various reasons, some justified and some unjustified. At a micro level, I know people ended up on the battlefield for various reasons: Out of a sense of duty For self-defense To advance freedom To end persecution and oppression Lust for glory or power Material motivations Due to poverty Absence of opportunity Desperation Social pressures Other reasons I am not in a position to generalize or judge, but I am in a position to reflect on wars. I wear my poppy to: Reflect upon the tragedy and costs of war past, present and sadly, future; Admire and honour those who fought to advance justice; Remember all those affected by war, whether military or civilian, across races, genders, ideologies, and borders. Hold on to the hope that wars will be a thing of the past. #RemembranceDay #VeteransDay #ArmisticeDay

I hope and pray that American's won't have to deal with this after today's results come out!

Our thoughts and prayers are with the innocent people killed in France by monsters who are attempting to highjack a peaceful religion to fuel their hate. French President Macron is also pouring fuel on the fire by trying to characterize this as a clash between civilizations when it is really a clash between extremists. It is a battle between religious extremists who ignore the lessons of mercy, compassion, and tolerance that epitomize Islam for most Muslims, and secular extr...emists who pretend as if free speech has no limits in secular societies and believe that promoting hate against a minority is their birthright. May God help us! Below is a link to a chapter titled "In Search of the Elusive Middle Ground Between Blasphemy and Free Speech: From Defamation of Religion to Incitement to Hate," by Faisal Kutty in the collection of essays titled "Constitutional Democracy Under Stress: A Time For Heroic Citizenship" edited by Peter L. Biro. https://www.amazon.ca/Constitutional-Democracy//1771614803

Happy Canada Day! We are truly blessed. We are far from perfect, but Canada’s inclusiveness, tolerance, pluralism & multiculturalism are strengths at this time in human history. We must express gratitute for the positives and commit to correct our faults.... This celebration of our patriotism in no way negates that we were founded on colonial myths on stolen land. Our clebration in no way excuses the mistreatment of our First Nations, Blacks, minorities, the vulnerable and our continued participation (directly or indirectly) on the assault on other people's lives and sovereignty. Let us: 1) not be complacent or take anything for granted; 2) stand on guard against those that are working hard to chip away at our ideals and values; 3) acknowledge the tremendous sacrifices and injustices suffered by our First Nations. It truly is our home on Native land; 4) commit to improve the lives of our First Nations, Blacks, minorities, lower socio-economic, disabled, mentally ill and other suffering compatriots; 5) work for a stronger & more just country; and 6) work to improve the world. (Photo: Some of the 60,000 migrant workers from Mexico, Jamaica and other places on Canada day and other days toiling under appalling conditions as we fault others for doing the same). #HappyCanadaDay #CelebrationOfOurPositives

19 years ago today some monsters killed thousands of innocent people in the USA in the name of my religion. They also unleashed a blowback that devasted many foreign lands and resulted in the death and dislocation of untold innocent souls around the world. We in the West and those who blindly joined the so-called "war on terror" are equally responsible for the death and destruction in foreign lands. We in the West also allowed these terrorists to change us by making us deviat...e from the rule of law and some fundamental human rights norms. My thoughts and prayers are with all those who lost their lives and continue to suffer in various ways. I pray also that we question, challenge, and hold accountable our own governments when it comes to respecting international human rights and international humanitarian laws.

Faisal Kutty will deliver a keynote address at the IPF Lawyers Forum Launching in India on August 15, 2020.

Happy Canada Day! We are truly blessed. We are far from perfect, but Canadas inclusiveness, tolerance, pluralism & multiculturalism are strengths at this time in human history. We must express gratitute for the positives and commit to correct our faults.... This celebration of our patriotism in no way negates that we were founded on colonial myths on stolen land. Our clebration in no way excuses the mistreatment of our First Nations, Blacks, minorities, the vulnerable and our continued participation (directly or indirectly) on the assault on other people's lives and sovereignty. Let us: 1) not be complacent or take anything for granted; 2) stand on guard against those that are working hard to chip away at our ideals and values; 3) acknowledge the tremendous sacrifices and injustices suffered by our First Nations. It truly is our home on Native land; 4) commit to improve the lives of our First Nations, Blacks, minorities, lower socio-economic, disabled, mentally ill and other suffering compatriots; 5) work for a stronger & more just country; and 6) work to improve the world. (Photo: Some of the 60,000 migrant workers from Mexico, Jamaica and other places on Canada day and other days toiling under appalling conditions as we fault others for doing the same). #HappyCanadaDay #CelebrationOfOurPositives

#DafonteMiller Verdict Ontario Superior Court Justice Joseph Di Luca's decision in the #DafonteMiller case has made many people upset. Off-duty police officer Michael Theriault was convicted of assault but acquitted of aggravated assault and obstruction of justice. While his brother Christian was acquitted of all charges. Even after suffering a life-altering horrific loss of one of his eyes, the man at the center, Dafonte Miller, was gracious and measured in his response:... Miller recalled the night of the incident and said, "We've come a long way." "Now, we're in a situation where an officer has been held accountable to some extent," he said. I dont feel like I took a loss, Miller told a press conference. A lot of my brothers and sisters are going through similar situations like me and people are dying and officers are walking. So I dont feel like we took a loss. I feel we took a step forward, he added. I listened to the verdict carefully and Justice Di Luca did a thorough job of weighing the evidence and applying the law to the facts. Justice Di Luca noted that the case, and others like it, "raise significant issues involving race and policing that should be further examined." But he clarified that his mandate was not to conduct a public inquiry on race and policing, or to appease the public it was to decide the case based on the evidence presented. There were two narratives and Justice Di Luca meticulously analyzed the evidence to make his determination. As the Justice said he was not dealing with probabilities but whether something can be established in accordance with the criminal standard of beyond a reasonable doubt. What we should be upset about is the system itself which does not extend the same benefits and due process to those who are black, indigenous, minorities, the mentally ill and even lower status whites. Here are some questions that we should be demanding answers to: 1) Why did the Crown not lay the charge of assault with a weapon and assault causing bodily harm? 2) Why was there no real investigation into the role of the father, Det. John Theriault, who worked at the time as a Toronto Police officer for obstruction of justice for his alleged interference? 3) Why did Durham Region Police arrest Miller at the time based on his attackers statements? 4) What real steps have been taken for proper accountability? 5) Why is Michael Theriault still on paid leave? 6) In the wake of the verdict Toronto Police Chief Mark Saunders spoke about enhancing public trust. When will the various police forces start by breaking up the mafia-like police unions and introduce significant changes to police culture? 6) When will we have a public inquiry into police misconduct, discrimination and abuse of power? https://www.canlii.org//2020/2020onsc3317/2020onsc3317.html

Some of "my people" (even well-intentioned non-racist ones) still don't get it. So let me break it down in simple language we can understand :-) What it sounds like when you say #AllLivesMatter in the current context. ... #ContextMatters #BlackLivesMatter #NoToHate #TimeForChange #EveryoneNeedsBiryani

Please watch this disturbing video. It does not just happen in the US! Here are two Durham Region police officers arresting a teen. One is punching the teen and has his knee on his neck just like #GeorgeFloyd. Thank God he is alive. Here is the statement from the Ontario Independent Police Review Board "The OIPRD fully investigated the matter and found that the alleged misconduct on the part of our officers was not substantiated and that the officers followed proper protocol...." Like I posted yesterday: Unless blacks, indigeneous, minorities, mentality ill, & lower social status whites die on camera in broad daylight in a police encounter allegations of excessive force or abuse of power against cops will be found to be "unsubstantiated."

#BlackLivesMatter #GeorgeFloyd May he rest in peace. Image h/t Ali Khaleel

I had written the following a couple of months ago when the New York Times used photos of Turkish mosques when writing about #Covid19 travel bans when there was no connection: "Hey New York Times, is it not irresponsible to associate these Islamic or Muslim symbols with #CoronaVirus when there is no news connection whatsoever! Turkey and Muslims can represent Europe when it is seen in a negative light associated with #covid19, but otherwise it's the Orient and foreign.... Why not use Rome's Coliseum or the Eiffel Tower. These things are not harmless. They do leave a negative mark on peoples psyche." CNN had done the same. This was against a backdrop of #WhiteSupremacists and #Hindutva Nationalists fanning #Islamophobia alleging #CovidJihad and other nonsense. So it is disappointing to now see the Wall Street Journal continue the irresponsible media decision of linking Muslims and mosques to the subject when there is no mention in the story of the mosque. No, I am not being overly sensitive. Associations as well as both overt and subliminal messaging have consequences. Two days ago Newsweek reported that 20% of British people believe that Muslims (another 20% blamed Jews) were responsible for spreading the virus https://www.newsweek.com/covid-19-conspiracy-theories-engla I am sure it's no different in North America. H/T to Umair Azam

Faisal Kutty's latest oped on the call to prayer controversy Islamophobia heard loud and clear in Canada's adhan controversy Cities exempting mosques from noise bylaws to allow the call to prayer during Ramadan have sparked a backlash in some quarters.... Even those who could not care less about hearing the adhan should realise that this is nothing but haters making a mountain out of a molehill for political mileage. Old-world wounds can quickly infect others if allowed to fester. Lets beat this virus. https://www.middleeasteye.net//islamophobia-heard-loud-and

The Nova Scotia Shootings... 22 innocents souls taken, including a police officer in Portapique, Nova Scotia in Canada's deadliest shooting. May they rest in peace.... I have scoured the mainstream media and I can say (for the most part): 1) the monster has not been referred to as a terrorist; 2) has been described as "a nice guy" (suggesting he just snapped, because white guys, unlike those barbaric others, don't normally do such things); 3) no discussions as to what or who might have radicalized him; 4) no stories on his family and associates; and 5) no stories about the group(s) he was part of. There are calls to not repeat his name (ostensibly to deny him fame), but this leaves the false impression that only those with exotic or eastern names commit such terrorist acts. His name is Gabriel Wortman. He is a white denturist and millionaire. He is a terrorist. Here are some of the victims of this terrorist :-( My heart goes out to their family and loved ones. #NovaScotiaShooting #Portapique #TreatAllTerroristsTheSame

It's now easier than ever to get your Will done properly from the comfort of your home. Get started today by emailing: [email protected] (The rules will likely revert back to their original stricter requirements after the COVID restrictions are lifted, so get it done now. You need one anyway). *Please note the new virtual witness requirements dictate that one of the witnesses HAS to be LAWYER. Contact us.

Working on the COVID front-lines? Protect your loved ones by getting your affairs in order and have your Will and Powers of Attorney prepared - all virtually! 20% off for any Healthcare workers / first responders! Contact us now: [email protected] | 519.601.5080

For those seeing or forwarding the messages saying that a "friend" of a friend got a ticket for simply driving during this time. None of the police forces in Ontario are issuing such tickets for simply driving! We should all do some extra due diligence before forwarding panic inducing messages.

In these uncertain times, isn't it time you set your affairs in order by getting your Will and Powers of Attorney prepared?! Our entire Will preparation process is virtual. Contact us now to set up a remote Will consultation. E: [email protected]... P: 519 601 5080 We can help with other areas of law as well, with offices in London and Toronto, our practice areas include: Wills & Estates (including Probate) Uncontested Family Law (Simple Divorces, Couples Mediation, Separation Agreements, Pre-Nups, Marriage Agreements) Real Estate (Buying and Selling of Homes and Commercial Properties) Corporate (Incorporation, Not-For-Profit, Shareholders Agreements, Partnership Agreements) Our firm also handles Corporate/Commercial transactions and Personal Injury matters, contact us to find out how we can assist!

Now that you're all working from home. Maybe its time to set your affairs in order by getting your Will and Powers of Attorney prepared virtually! We've updated our systems to be able to do most things remotely and reduce in-person meetings. From virtual legal consults to e-drafting/discussing legal documents - contact us from the comfort of your home. E: [email protected]... P: 519 601 5080 Our main practice areas are: Wills & Estates (including Islamic Wills, Powers of Attorney, Probate) Uncontested Family Law (Simple Divorces, Couples Mediation, Separation Agreements, Pre-Nups, Marriage Agreements) Real Estate (Buying and Selling of Homes and Commercial Properties) Corporate (Incorporation, Not-For-Profit, Shareholders Agreements, Partnership Agreements) Our firm also handles Corporate/Commercial work and Personal Injury matters, contact us to find out if we can assist!

Hey The New York Times, is it not irresponsible to associate these Islamic or Muslim symbols with #CoronaVirus when there is no news connection whatsoever! Turkey and Muslims can represent Europe when it is seen in a negative light associated with #covid19, but otherwise it's the Orient and foreign. These things are not harmless. They do leave a negative mark on peoples psyche.... H/T Ahtsham Yousaf

After my post about cancelling juma, three infectious disease specialists have reached out to me. They concur. Juma and all large gatherings should be suspended until further notice. Please urge your mosque or religious institution to suspend such gatherings.

If you really want to honour the great women we all owe too much to document here, on this International Women's Day let's resolve to do the following: 1) treat boys and girls the same from everything ranging from educational, career and spousal choices to inheritance. I am not undermining or judging some traditional and cultural practices from the past, but everything has a time and a context dimension. We live in different times. 2) If we are in positions of power then ensu...re that women and men are treated equally in terms of positions, salaries, benefits and promotions. 3) If we have any input, then work to ensure that all of our religious institutions have 50% of the board, leadership and management positions held by women. Nice words and platitudes only go so far. Let our actions speak. #InternationalWomensDay2020 #Equality #LetActionsSpeak

Lawyers will be hard to find if the virus gets out of control. Get your wills done, start your litigation and finalize your property purchases now! Don't waste your time at Costco, there is no more toilet paper left to buy.... (Note: This is a joke! I have to state this because a previous joke post attracted a complaint to the Law Society of Ontario) #panicbuying #COVID19 #toiletpaper #hysteria #jumpingonbandwagon #BeRational #HerdMentality

Faisal Kutty was recently invited to address the Canada Afghanistan Business Council - CABC networking dinner on "3 Common Legal Pitfalls to Avoid." Thank you CABC and President Aziz Amiri for the invite. The event was attended by some of the most successful and accomplished entrepreneurs, movers-and-shakers and leaders of the Afghan community.

This is unacceptable from our government. From my friend Alex Neve of Amnesty International Canada:

IMPORTANT MESSAGE FOR ALL LAWYERS, LAW STUDENTS AND PROFESSORS: PLEASE SHARE This specific action is for Canadian lawyers, but American lawyers should lobby the American Bar and other groups to make their voices heard as well. ... This Wednesday ( February 19th) there are resolutions being brought forward at the CBA to condemn Bill 21 and for CBA to have update all policies to note religion as a protected ground. Bill 21 -- The Quebec ban on religious symbols formally known, "An Act respecting the laicity of the State", was tabled and passed by the ruling French nationalist and secular fanatic Coalition Avenir Quebec (CAQ). Human rights, civil rights and religious groups have highlighted its discriminatory impact on religious minorities (particularly women) and Constiturional experts have faulted it for violating religious, free expression and equality rights. How is this any different from religious fanatics dictating what a women must cover? Secular fanatics are now dictating what religious women can wear. Bot extremists are obsessed with women and the piece of cloth or symbols they can have or not have. I invite you to participate in the CBA Annual Meeting and support these resolutions. To do so, you must be a CBA member (membership is free for many law students) and you must register for the Annual Meeting before 5:00pm EST on February 18. You can vote on the resolutions from your computer, or participate in person at a regional CBA hub or at the meeting itself in Ottawa (to speak to the resolution, youd need to choose one of the latter two options, otherwise you can vote from home). List of hubs here:

What is a will and what happens if I die without making one? https://stepstojustice.ca//what-will-and-what-happens-if-i

As I have said before #SecularExtremism is no different from #ReligiousExtremism. Forget about how it makes a mockery of religious rights enshrined in the Charter of Rights and Freedoms, what's interesting is how discriminatory the state is in applying the Quebec ban on religious symbols [Bill 21, "An Act respecting the laicity of the State" (French: Loi sur la laïcité de l'État)]. Thank you Mustafa Farooq (NCCM) and Canadian Civil Liberties Association for taking up the issue. Please consider supporting them financially.

Distracted Driving laws in Ontario are NOT changing, contrary to a slew of posts and reports last week, claiming there are big changes coming to Ontarios distracted driving laws as of January 1st, 2020. This is false. The Government did introduce changes on January 1st, 2019, and those fines will remain the same on January 1st, 2020.... But there are plenty of other changes you should be aware of. Here is a great piece summarizing most of the common ones. https://beta.ctvnews.ca/national//2019/12/24/1_4743005.html

Thank you Ontario Human Rights Commission and Renu Mandhane for your continued leadership in making Ontario a better and safer place for all of us. Racial profi...ling is a deeply troubling and longstanding problem that exists despite it being illegal and against the conscience of most of us. I am optimistic that these 62 well thought-out recommendations which begin by calling on stakeholders to acknowledge the elephant in the room and then to take concrete steps to tackle the problem will be a turning point in combating this scourge. Faisal Kutty, J.D., LL.M., Principal #RacialProfiling #HumanRights http://www.ohrc.on.ca//ohrc%E2%80%99s-new-policy-will-supp

Buying or Selling a Home? Email: [email protected]

Proud to give back to the community.

Kutty & Associates is proud to support SMILE and its initiatives with our London affiliate Kutty, Jilani & Associates. SMILE's annual RECFEST is happening this Saturday! Get your tickets and come out to this great cause: https://www.smilecan.org/recfest

We had several clients who unfortunately experienced this situation. Folks seem to get caught up in the pre-construction hype only to realize years later that the project did not pan out or did not pan out as expected.

ANNOUNCEMENT: The Lawyers at KSM Law have decided to restructure their practices to better serve the needs of their respective clients. While still handling client files, they will now be doing so under the names of their individual practices, more particularly: Faisal Kutty will continue to practice under the name and style of Kutty and Associates located at 80 Corporate Drive, Suite 302, Scarborough, Ontario. He can be reached at telephone number 416-289-9666 and email [email protected]* or [email protected] . Mustafa Jilani and Faisal Kutty will in association continue to practice under the name and style of Kutty, Jilani and Associates located at 156 Oxford St. W, London, Ontario. Mustafa can be reached at telephone number 519-601-5080 and email [email protected]* or [email protected] . Naseer (Irfan) Syed will continue his practice as Syed Law located at Simcoe Place, 200 Front Street West, Suite 2300, Toronto, Ontario . He can be reached at telephone number 416-367-4993 and email [email protected]* or [email protected] . Akbar Sayed Mohamed will continue his practice as ASM Law located at 80 Corporate Drive, Suite 303, Scarborough, Ontario. He can be reached at telephone numbers 416-970-1585 and 416-289-9666 ext 35 and email [email protected]* or [email protected] . Mohamed El Rashidy will continue his practice under the name and style of Rashidy and Associates located at 2 Robert Speck Parkway Suite 743, Mississauga ON, near Square One. He can be reached at telephone number 905-361-9791 and email [email protected]* or [email protected] . *Please note all @ksm emails will be phased out by the end of the year. We anticipate no interruption in the handling of client files while we undergo this transition. We encourage all previous KSM clients to reach out to their lawyer of choice directly going forward. Thank you.

# Legal Blurb We discussed Wills*, we discussed Property*, now a question on Family Law: Do I have to get a divorce if I separate?... No, you don't have to get a divorce if your marriage is over. Some married couples separate and never divorce. Others get a divorce only when they wish to remarry. Separating and getting a divorce are different things. You can separate from your partner if you're married or in a common-law relationship. To legally separate, you don't have to go through a formal process or get a document. You only have to live "separate and apart" from your partner. Only married partners can get a divorce. To legally divorce, you have to go through a formal process. You must apply for a divorce order from the court to legally end your marriage. This is required if you wish to remarry. Recall our discussion on the Matrimonial home last week. If you separate, each married partner has an equal right to stay in the matrimonial home and to claim a share in the value of the home. It doesn't matter who owns the home. You don't give up these rights if you decide to move out. If you get divorced and you were not on title to the matrimonial home, you're no longer considered a married partner with an equal right to stay in the matrimonial home. But, this doesn't affect your right to claim a share in the value of the home. For further questions on Family Law or Real Property, feel free to contact us at [email protected] *See previous posts on our Facebook Page ************************************************ DISCLAIMER The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. It is designed and intended to provide general information in summary form on legal topics, current at the time of publication, for general informational purposes only. The material may not apply to all jurisdictions. You should seek legal advice or other professional advice in relation to any particular matters you or your organization may have. The lawyers at KJA Law would be happy to set up a consult with you.

Just arrived in Toronto. My deepest condolences to the #DanforthShooting victims and their families. Unfortunately, some haters are using this tragedy to create division and fear. I just saw a copy of the Toronto Sun. I am disgusted. I have filed it away where it belongs. Whenever an organization or individual from the Muslim or any other marginalized community makes a difference, the haters come out of the woodwork.... Mohammed Hashim, stand strong my friend. We are all with you. The Toronto Sun (more aptly The Toronto Trash) just reinforced its trashiness by its attack on him and through its coverage of the #DanforthTragedy. I will not share the pieces so as not to increase traffic, but I may write something highlighting the double standards, guilt by association etc. if I get some time. #DeepestCondolences #DanforthShooting #Haters #TorontoSunTorontoTrash #MediaBias #StandWithDanforth

Restarting our weekly Thursday Legal Blurb after the holidays! #2019 What is a matrimonial home? According to the Family Law Act, R.S.O. 1990, c. F.3 a Matrimonial Home is Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home. R.S.O. 1990, c. F.3, s. 18 (1).... What does this mean? A Matrimonial Home does not need to be a place that is owned by both or either spouses (it can be rented or even owned by a spouses parent). It just needs to be the place that was ordinarily occupied by the person and his or her spouse as their family residence. A married couple may also have more than one matrimonial home, such as cottages and chalets, where the use of such a matrimonial home does not need to be full-time. The Right of Possession Both spouses have an equal right to possession of a matrimonial home Family Law Act, R.S.O. 1990, c. F.3, s. 19 (1). This means that regardless of ownership, each spouse has a right to possess the matrimonial home. This right only ceases when married couples cease to be spouses unless a court order or Separation Agreement stipulate otherwise. Which spouse gets possession of a matrimonial home during the breakdown of a relationship would either be determined mutually among the spouses, their lawyers or by a court. Consent A Matrimonial Home cannot be sold or encumbered without the written consent of the other spouse, regardless of how title is held. A court may set aside a sale or mortgage if written consent from the spouse was not obtained. Complications of Today As some families live in joint family systems with their in-laws, a residence can potentially be a matrimonial home to several couples. During a sale, refinance or when mortgaging a home, the consent of all spouses for whom the residence is a matrimonial home needs to be taken. During a separation, matrimonial homes can become highly contested as issues of possession and potential interest in the home can arise. In such scenarios, it is best to discuss your particular situation with your lawyer. If you would like to discuss further about your interest in the Matrimonial Home, feel free to contact us at [email protected] -- The information above is being provided for general information purposes. It is not to be construed as legal advice, is not to be acted on as such, may not be current and is subject to change without notice. Kutty, Jilani & Associates, 2019

Brief Legal Blurb # 2 What is a mutual will? Similar to a mirror will (see our post from last week), a mutual will is created between two people (usually spouses) who wish to agree on the distribution of a combined estate. The doctrine of mutual wills is not widely understood and is often conflated with the legal concept of mirror wills.... A mutual will agreement is when two individuals (again, usually spouses) make mirror wills, but do so pursuant to a binding agreement to dispose of their combined assets in an identical manner, regardless of who predeceases whom. Not only must there be a binding agreement between the testators that the surviving party between them will not be permitted to revoke their will after the first testator has died, but the wills must also have reciprocal terms. The legal repercussion of such an agreement is the imposition of a constructive trust on the survivors estate in favour of the ultimate beneficiaries, as agreed to in the mutual wills. The major difference between a mirror will and a mutual will is that a mutual will cannot be changed by the surviving partner after the death of the first person. Mutual will arrangements are often used in the context of blended families where each partner has children from a previous relationship and each one wants to ensure their children receive an equal benefit from the family property, regardless of which spouse dies first. In essence, it may be a good option to protect the wishes of the predeceased spouse. A mutual will can also bring its own complications. For example, if the surviving spouse remarries and has more children, they may find it difficult to include their new family in their will. If you would like to discuss whether a "mutual" will would work for you, then please contact us at [email protected] -- The information above is being provided for general information purposes. It is not to be construed as legal advice, is not to be acted on as such, may not be current and is subject to change without notice. Kutty, Jilani & Associates, 2018

Thank you for your generous comment. We look forward to serving you again. Thank you!

Great idea provided that you carry out your due diligence. Make sure you consult a lawyer and an accountant to review documents and numbers. I have been consulted by a number of people after-the-fact to try to get out of bad deals. Much harder or impossible at that stage. I was even consulted by a franchisee who operated three franchises (a big name) who had to work another job to ensure that he covered the lease payments, wages and royalties! Tread with caution. Consult with... professionals, carry out thorough due diligence and run away if it sounds too good to be true or the franchisor and/or seller is in a rush. http://www.cbc.ca//franchise-a-w-spraynet-millennials-1.46

A transaction we started 4 years ago, has now finally come to a close this week. Likely our longest, we heartily congratulate Abu Huraira Center in Toronto on their new expansion!

PUBLIC SERVICE ANNOUNCEMENT Please consider participating and share this with others! I have been approached by a US civil rights group interested in investig...ating and possibly challenging the treatment of Canadian Muslims at the US border. They are interested in speaking with you if have had any issues at the border. There is no obligation to participate beyond giving them information about your experience. Please visit www.bordertrouble.com and complete the "contact us" form with the following information: Your Name: Affected Traveler(s): Nationality and Religion of Affected Travelers: Border Crossing or Airport: Name or Details of Officer(s): Describe the Incident: The information is being collected by the law firm of Kutty & Associates operating as KSM Law. I can guarantee you that the group is a respected, professional and well resourced group. They don't want to publicize this until they have a solid basis to push this issue through the appropriate channels. Obviously, it is important that we push this issue forward. Thank you for considering and sharing this. Faisal Kutty, J.D., LL.M. https://www.bordertrouble.com

Want to increase your basic legal knowledge? Check our page every Thursday for our brief legal blurbs (BLB)! Feel free to also inbox us potential suggestions on what you'd like our team to comment on. Here is our first BLB on Mirror wills. What are mirror wills?... Mirror wills, which are very popular with couples, allow two people to create almost identical wills which leave everything to the survivor between them. A husband and wife (or any two people) can make "mirror" wills by each writing a Will that leaves everything to the surviving spouse. Often, there is a clause that provides that if the husband and wife die at the same time or within thirty days of each other, then everything goes to the couples' children or if there are no children, to a named beneficiary or beneficiaries. It is important to note that you can only use a Will to give away what you personally and beneficially own, and not what your spouse owns or what you own in trust. Additionally, jointly owned property where there is a right of survivorship cannot be disposed of in your Will because the surviving owner automatically becomes the sole owner of the property when one of the joint owners dies. This is true whether it is a house, a bank account or any other property that is jointly owned. There may be exceptions which you should discuss with a lawyer. Mirror wills worked fairly well in the past, but as divorce rates rise, mixed families become more common and estates become more complex, mirror wills may not be the best way to arrange for your succession. This is for various reasons. Firstly, mirror wills dont guarantee that the wishes of the predeceased spouse will be followed. Once the surviving spouse has inherited the estate, they may simply change their will as they please and potentially disinherit step-children or others important to their deceased spouse. Secondly, there may be other issues and implications including taxes, religious requirements, etc. If you would like to discuss whether a "mirror" will would work for you, then please contact us at [email protected] *The information above is being provided for general information purposes. It is not to be construed as legal advice, is not to be acted on as such, may not be current and is subject to change without notice. Kutty, Jilani & Associates 2018

Something for our investor clients to be aware of. And yes, we can help you avoid such pitfalls. http://www.cbc.ca//syndicated-mortgage-investors-out-more-

Star’s lawyers make opening arguments in case to end secrecy in Ontario tribunals The Star argued that while the province’s quasi-judicial tribunals are theoretically open to the public, they must also be practically so. Thank you The Toronto Star!... https://www.thestar.com//stars-lawyers-make-opening-argume

As a lawyer who handles divorces, I love #Starbucks. Every time a hapless husband orders a #TallBlonde we get a new client. #TimHorton's 1 milk, 1 cream is a safer order and maintains marital harmony.... #HappyAprilFoolsDay

I wish a blessed #GoodFriday & #Passover to all my Christian and Jewish friends who mark the occasions. To all others, enjoy your #holiday.

The writing was always on the wall, but too many were or felt pressured to go beyond their means. #RealEstateCorrection Don't get me wrong, it is still the best long term investment anyone can make, but the problem is too many got in too deep and well beyond what they could withstand financially in the event of life's inevitable downturn (which then makes possible for the uptick which the sharks and smart people are waiting for). http://www.macleans.ca//rea/gta-real-estate-sales-falling/

As a lawyer who handles divorces, I love #ValentinesDay. It is a great opportunity to market our services. I usually send out a few hundred #ValentinesCards to random married men within a 25 mile radius of the office.... The cards are signed "Guess Who" and xxx. Last year I netted 5 divorce cases from 200 cards mailed out. Today I plan on sending out 400 cards. Please check your mailboxes.

WE HEREBY WISH EACH OF OUR PAST, PRESENT AND FUTURE FRIENDS, STUDENTS, CLIENTS AND STRANGERS A MERRY CHRISTMAS, HAPPY KWANZAA, OR WHATEVER ELSE IT IS THAT YOU CELEBRATE, OR A HAPPY HOLIDAYS! * * DISCLAIMER: Whichever above-noted wish may be applicable to you is being extended on a without prejudice basis and without any personal liability on our part. Notwithstanding the foregoing greeting, we make no representation, and offer no warranty or guaranty that you will in fact hav...e a Merry Christmas, Happy Kwanzaa, Happy other occasion, or even a Happy Holiday. We further make no representation that we celebrates all or any of these. There is no obligation on you to accept or acknowledge this greeting if you do not wish to do so. In the event you do not celebrate Christmas, Kwanzaa or other religious occasion then we covenant that no offence was intended and none should be inferred. If such is the case, then on a without prejudice basis, we hereby retract the respective greeting and herein substitute "Happy Holidays" in its place. This solemn wish is made on our own accord and not under any duress or coercion. The greetings are being extended to you in the spirit of tolerance, pluralism and common human courtesy. This greeting is assignable and transferable. We hereby grant you the right to share it with due credit. Dated this 24th day of December, 2017. NOT ATTORNEY-CLIENT PRIVILEGED This message is NOT the subject of attorney-client privilege and MUST be shared with as many others as you possibly can. Thank you for your assistance. Follow Faisal on Twitter | @faisalkutty Website: www.TheMuslimLawyer.com

Good for the parties, but bad for accountability and transparency.

We are on Parliament Hill to ask if Parliamentarians will throw Muslim and racialized groups under the bus in the rush for preclearance? Canadian Muslim Lawyers...’ Association, International Longshore and Warehouse Union Canada, and the International Civil Liberties Monitoring Group express deep concerns about Bill C-23, the Preclearance Act, as the bill moves to third reading in the Senate Rights cannot be railroaded in pursuit of political expediency and economic benefit. Act before its too late by sending a quick message to Senators: https://www.leadnow.ca/billc23/ Thank you!

#Terrorists love #Allah and do what they do for #Islam and #Muslims! Yeah right! From November 18th to November 25th, there have been 14 terrorist attacks by these monsters virtually all against Muslims with 425+ plus innocents massacred and hundreds injured.... 424+ of the victims were Muslims. 1 was possibly non-Muslim. 13 of these attacks were in Muslim majority countries: Afghanistan - 1 Egypt - 1 Iraq - 5, Mali -1 Nigeria - 2 Pakistan - 1 Somalia - 1 Syria - 1 1 was in a non-Muslim majority country: Georgia - 1 The dead include more than 355 innocent Muslims who were killed while praying to Allah (God) in #mosques in #Egypt and #Nigeria. THEY DON'T CARE FOR LIFE AND THEIR SOLE OBJECTIVE IS POLITICAL POWER. If you still want to hold Muslims responsible and claim that Islam sanctions this then it is you who needs to apologize.

‘Allahu akbar’ is a beautiful phrase and we want it back -- Faisal Kutty's latest article for the The Toronto Star. Like the words jihad, sharia and even Islam itself, these words with a sinister connotation have all been hijacked by extremists and by those purportedly fighting Muslim extremism.... Feel free to share. https://www.thestar.com//allahu-akbar-is-a-beautiful-phras

Great piece by Leenat Jilani from KSM Law on the constitutionality of Bill 62 ("Niqab ban")....

Our Articling student Leenat Jilani has published a Column in #thelawyersdaily on why Bill 62 is unconstitutional! Great work Leenat.

KSM Law's articling student Leenat Jilani pens a poignant op-ed in today's Toronto Star regarding the politics of the veil. Great work Leenat, in true spirit of KSM activism!

The KSM "Friend of the Community" Award presentation. With all the KSM Lawyers on stage! From left to right. Mohamed El Rashidy, Irfan Syed , Akbar Mohamed , Mustafa Jilani, Faisal Kutty

Faisal Kutty's speech after winning #MAXGala Platinum Award of Excellence