Toronto lawyer JZW Law takes you on an in-depth look at the Canadian legal system

In Canada, the legal system is common law (based on case decisions rather than laws and regulations), which means that the courts must consider both the law and fairness when considering a case, rather than simply enforcing the law. Specific issues need to be analyzed, and judges in litigated cases will carefully consider all relevant circumstances and make a discerning attempt to get to the bottom of the matter. At the same time, however, the judge must comply with previous case law, which characterizes the common law system. Therefore, it is crucial that experienced litigators are able to provide a customized analysis of the circumstances of the case.

The importance of understanding cultural differences

Canadian folklore, culture and laws are very different from those of China. In litigation cases in Ontario, the courts tend to be guided by the ethics and customs of Western societies, which may result in parties with Eastern cultural backgrounds being misunderstood, and consequently treated unfairly. We, as Easterners and Chinese, have many cultural subtleties. In such circumstances, clients need an attorney who has extensive local litigation experience, but who also has a deep understanding of the client’s needs and the cultural complexities of the case.

However, simply understanding the Chinese mentality of the client is not enough. In many Ontario jurisprudence, strict enforcement of the law is key, and litigators need to analyze past cases to give their clients truly effective legal advice, rather than blindly following their clients’ subjective wishes.

Professionalism and experience of litigators

In all litigation cases, especially civil litigation, it is critical that litigators have a good understanding of Canadian legal logic and the practices of local Western lawyers. Litigators require not only extensive courtroom experience, but also a deep and detailed understanding of Canadian legal theory and a large caseload.

Mr. Taoran often takes the initiative in adversity for “vulnerable” clients, or clients who are already fatigued in the case (e.g., who have been relatively passive in their previous legal representation). In many of the cases that Mr. Tao has handled, he has utilized his deep understanding of the law to achieve positive results that other attorneys would have thought impossible.

Special needs in divorce cases

In divorce cases, the majority of family law lawyers in Ontario are litigators with the ability and sophistication to go to court and therefore have a similar style. However, in family law cases, from the court to the lawyers, there is a greater focus on behaving reasonably and dealing with conflicts peacefully, and there is a need to both consider peaceful handling and maximize the legal rights of the parties. This is a great test of the professionalism of the lawyers on both sides, as well as their case law reserves.

Family law cases cover quite a wide range of areas, for example, the Ontario Court of Justice attaches great importance to the rights and interests related to children, and everything is done in the best interest of the children. Only by taking the interests of the children into consideration can we help our clients effectively deal with custody, support, alimony, marital home retention, property distribution and other related rights and interests. This is why local lawyers generally consider family law to be one of the most “difficult” areas of law.

Even in uncontested agreed divorce cases, which are more highly regarded by the Chinese, a lawyer’s extensive experience in writing agreements and deep understanding of Canadian family law are essential. Only then can you ensure that the agreement is not broken and will not be overturned later.