Chen & Montgomery
Law and Legal Services
Immigration and Family Law
We speak English and Mandarin.
Our Lawyer and Paralegal are both authorized as
Notary Public and Commissioner of Oaths and Affidavits
Dr. Montgomery has worked on 200 Family Law cases since 2006 including: Litigation, Separation Agreements, Mediation, Simple and Complex Divorces.
Dr. Montgomery has extensive litigation experience and has attended courts in Toronto, Oshawa, Brampton, New Market and Orangeville.
Dr. Montgomery has 34 years experience in Immigration Law and offers services in: sponsoring relatives, visitor visas, work permits, student permits, Express Entry, Humanitarian applications, Refugee claims and appeals, IAD, Federal Court.
Small Claims Court Cases
Dr. Montgomery has 25 years experience with Small Claims. Minimum Claim accepted $5,500.
Dr. Montgomery has had extensive training in MEDIATION (Law School, Ontario Crown Attorneys, Bar Admission Course) He can mediate all types of disputes; e.g. landlord-tenant, commercial, as well as matrimonial.
Municipal Property Tax Appeals
We can appeal the assessed value of your home or business to the municipality to try to get your tax lowered. (The actual rate is set by law and cannot be changed.) We have experience in Downtown Toronto and outlying areas.
At Chen and Montgomery we believe that legal services should be high quality, straightforward and affordable. We pride ourselves in sharing our wealth of knowledge and expertise while offering innovative solutions to our clients.
Our fully licensed, professional legal staff work closely together so that clients can utilize the service of our Paralegal at an hourly rate less than the hourly rate of our Lawyer. Our Paralegal works under supervision of our Lawyer providing administration and translation services and our clients can seamlessly transition to work with our Lawyer when necessary or desired. Clients who prefer to work exclusively with our Lawyer may elect to do so.
We offer "unbundled" or "limited scope retainers" if you want to do some of the work yourself and just use the lawyer to review forms you have filled, or attend at court. A lot of money can be saved this way.
We keep our fees competitive by using modern electronics and software instead of a full time secretary.
For family law clients we offer Alternate Dispute Resolution (ADR) also referred to as "Collaborative Law" where appropriate. Mediation is usually cheaper and faster than litigation and the hourly rate is split between the couple 50-50 or pro rated based on thier incomes.
Simple/Uncontested divorce packages and Separation Agreements are also available and we have done many of these (even marriage contracts "pre nups" and Separation Agreements for unmarried couples.
Our immigration clients benefit from our wealth of experience (over 33 years) , efficiency and proven success.
We look forward to meeting you and designing a legal strategy tailored to your situation.
OUR LEGAL PROFESSIONALS
BA, MA, PhD, LLB
Notary Public and
Commissioner of Oaths and Affidavits
Randal Montgomery obtained his law degree from the University of Victoria (British Columbia, Canada) and has been with the Law Society of Upper Canada since 1989. He also has a certificate in Commercial Arbitration. Dr. Montgomery has extensive experience working in the field of Immigration including 8 years at the Immigration & Refugee Board (IRB) and 5 years as counsel to the Minister at the Immigration Appeals Division Court (IAD). He has prepared numerous Pre-Removal Risk Assessments (PPRA) and Humanitarian and compassionate (H&C) applications, spousal and family sponsorships, overseas work permits and Skilled Worker Applications with an excellent success rate. Since 2007 he has worked as a family law litigator and has appeared frequently at Family Court in Toronto, Oshawa, Orangeville, Newmarket and Brampton.
Wenwen (Cindy) Chen
Notary Public and
Commissioner of Oaths and Affidavits
Practicing in Association and not in Partnership.
Wenwen Chen graduated from the Canadian Business College with a Paralegal Diploma and has worked in the area of Civil Litigation, family law and immigration law for many years. Her extensive knowledge and experience working directly with lawyers and large corporate clients together with her personal attributes have proven to be a winning combination for all of her clients. Wenwen is a licensed paralegal and member in good standing with the Law Society of Ontario.
Frequently Asked Questions (FAQ)
THE FOLLOWING IS NOT INTENDED AS LEGAL ADVICE AND IS ONLY FOR GENERAL INFORMATION. THE FACTS OF YOUR CASE MAY NOT APPLY TO ANY EXAMPLES CITED HERE. CONSULT AN EXPERIENCED FAMILY LAWYER.
How much does a Separation Agreement cost?
ANSWER: you can buy a kit at a stationery store or some drug stores for about $40 and do it yourself but if there are children, financial assets, or real estate involved, or you have incomes that differ by 15% or more , or it is a marriage of over two or three years, it is much better to hire a lawyer. The cost then varies with the complexity of your and your partners’ life in terms of children, finances, income, debts, length of marriage, matrimonial home payments and value etc. plus how much time the two lawyers spend drafting and negotiation back and forth. Count on a least $1,500 and in complex cases or when there is a lot of back and forth negotiation, double or even triple that.
How much does a simple divorce cost?
ANSWER: If it is truly simple and uncontested the court fees and the cost to get a certificate come to $455 (these may be raised). You must use a third party to serve your spouse and if you hire a process server this could cost anywhere from $40 to a hundred (more if they avoid service or they can’t be easily located, then you may need to get an Order for Substitute Service). You will need to add Lawyer’s fees start + HST.
What is difference between an uncontested and a joint divorce?
ANSWER: Not much. They are very similar. It is quicker, simpler and a bit cheaper to do an Uncontested where one party serves the other. If the other party does not reply within 30 days the divorce proceeds as uncontested. A joint divorce requires a joint affidavit and other joint forms which is more expensive.
How long does a family court case usually take?
ANSWER: It varies from a few months to about two years, it just depends on the complexity of the facts, the number and complexity of legal issues, how long it takes to get complete and accurate financial disclosure and documents, whether the parties are willing to negotiate and compromise are take firm stances and want to fight hard, and on the judge.
How much does it cost?
ANSWER: It depends on the lawyer’s hourly rate, how long the judge talks, the judge’s attitude, the complexity of the facts, the number and complexity of legal issues, how long it takes to get complete and accurate financial disclosure and documents, whether the parties are willing to negotiate and compromise are take firm stances and want to fight hard.
How much an hour do experienced family lawyers in the GTA charge?
ANSWER: $250 (or less in some situations) to $500 (or more) + HST + disbursements, court fees etc.
What is a "retainer"?
ANSWER: A deposit to your Trust Account at the lawyer’s bank. This is needed to start the case and it must be replenished when it gets low, so the lawyer has enough money to rely on to do the work and pay the expenses.
What is Mediation/Alternate Dispute Resolution (ADR)?
BA, MA, PhD, LLB
4711 Yonge St.. 10th Floor
Toronto, Ontario M2N 6K8 CANADA
Our Office is conveniently located at Yonge & Sheppard in North York next to the Subway. Parking is also available.