When you visit a lawyer in Canada you both expect, and are entitled, to have your communications remain confidential. This right, known as the solicitor-client privilege rule, is long established and the rationale for it is solid.

Lawyers are charged with promoting and protecting their client’s best interest. Without free and open communications, this would be virtually impossible. In order to build a relationship of trust, client’s need the security of knowing that information cannot be disclosed, without their express permission. Full and complete knowledge of a client’s situation, allows their lawyer to examine every angle of the case. A defense or alternative, perhaps unknown to most, may well be available, and without full disclosure it could never surface.

As with all things in life, there are exceptions to the rule. For example, discussions involving criminal conduct on the part of the solicitor would not be covered. However, in most situations, you can speak quite freely to your lawyer, secure in the knowledge that your disclosure will forever remain confidential, unless you choose otherwise.

Not all home insurance policies are created equal and there is probably no such thing as a standard homeowner’s insurance policy. Always check the details of your own policy to be sure what is included, and if in doubt discuss it with your broker or agent.

According to the Insurance Bureau of Canada, most policies commonly cover certain perils – the insurable perils, while excluding others – the uninsurable perils. The following is a list of the risks most likely to be included, or excluded, in terms of your homeowner’s insurance policy.

Insurable Perils

• Aircraft or vehicle impact;
• Electrical current;
• Explosion;
• Falling object - except where propelled by snowslide or earth movement;
• Fire;
• Lightning;
• Riot;
• Smoke - released from a device, but not from fireplaces;
• Theft;
• Transportation - of personal property while it is temporarily away from your home; including building fixtures and fittings being repaired or in seasonal storage;
• Vandalism – provided that the building is normally occupied;
• Water damage – coverage usually includes damage arising from sudden and accidental escape of water from an indoor plumbing, heating, sprinkler or air-conditioning system; or from an indoor or outdoor “domestic appliance” on your premises; or from a water main. Coverage for freezing damage is restricted to property inside your home and there are special requirements if your home is unoccupied for more than four consecutive days during the normal heating season.Coverage usually excludes damage arising from floodwater, repeated or continuous water seepage and sewer back-up;
• Wind and hail – only damage to the outside of a building is covered, except for antennas, satellite dishes, etc.; the interior of the building and its contents are covered only if the storm has first created an opening;
• Window glass – provided that the building is normally occupied.

Uninsurable perils

• Water damage caused by floodwater;
• Damage arising from the freezing of indoor plumbing – except where reasonable precautions are taken to prevent the damage;
• Damage from freezing outside the home;
• Damage from waves, melting or moving snow and ice, and heaving frost;
• Damage caused by insects and rodents - except for damage to building glass;
• Direct damage resulting from the intentional application of heat;
• Damage by snowslide, landslide and other forms of earth movement - damage from a fire or explosion caused by earth movement would be covered.

Coverage against the following perils, not normally included in your policy may be optionally purchased, in addition to most standard homeowner’s policies:

• Earthquake;
• Furnace oil spills;
• Sewer back-up.

Click here for current insurance cases on lawyerahead.ca

Every wondered what the Bratz doll your daughter is so crazy about is worth in the greater scheme of things?

About $100 million, according to the Californian federal jury in the Barbie-Bratz doll fight. Midriff bearing Bratz dolls are really popular with tweens – girls between 7 and 12.

On July 18, the jury unanimously found that Bratz had been conceived by Carter Bryant while he was employed by Mattel. In breach of contract with Mattel, Carter sold the Bratz concept to MGA a month before leaving Matell. The jury also found that MGA had aided in the breach and its chief executive, Isaac Larian, had been complicit.

The trial was not without excitement. Directly after the jury’s finding, MGA brought an application for a mistrial as juror #8 had made certain ethnic slurs during deliberations about Larian, a Jewish immigrant from Iran. The remarks reportedly labeled Iranians as “stubborn”, “rude” and “thieves”. The errant juror was removed, but the mistrial application failed and the finding stood.

In closing arguments in the damages phase of the trial, Matell attorney, John Quinn, asked for almost $2 billion in compensation - $1 billion in Bratz profit and interest and nearly $800 million from Larian for his complicity. Quinn told the jurors that MGA had never had a hit toy before Bratz, and has since made profits of nearly $778 million. Attorney Thomas Nolan, representing MGA, told the jury it was necessary to make a distinction between concept drawings and the final dolls. The concept drawings portrayed “older, edgier and sexier dolls”, but what MGA made is prettier dolls that could compete.

On Tuesday, the jury awarded Mattel $100 million in damages – a total of $90 million in three causes of action related to Bryant’s employment contract, and $10 million, to be paid by MGA, Larian and subsidiary MGA Hong Kong, for copyright infringement. No punitive damages were awarded because Larian’s and MGA’s conduct was not found to be willful.

Mattel hailed the award as a victory, even though it fell far short of their claims, and is planning to seek an injunction to stop MGA manufacturing the Bratz line.

Larian, on the other had, is planning to appeal the award, and Attorney Nolan has contended that the three contractual awards are duplicative. U.S. District Judge Stephen Larson will decide this at a future hearing when the final amount to be paid to Mattel is determined.

As tropical storm Fay rages across Florida, causing flooding and general devastation, homeowners can take some comfort in the fact that their homes may be covered for flood damage. In the States, flood damage is generally not covered by a homeowner’s policy, a fact that many victims of Katrina became aware of a little too late. Flood insurance needs to be purchased separately from the National Flood Insurance Program, but at least it is available.

This is not the case in Canada and those who live in areas prone to floods have no option to assume the risk of flood damages themselves. The rationale is that flooding is an uninsurable peril as it is certain to happen at some stage. Disaster funds may become available, if a disaster is declared, but there is little point in looking to your insurance company for compensation.

Insurance companies do cover some losses caused by water damage, like those due to a sudden escape of water from a damaged water main, but damage resulting from floodwater is generally not covered. In some parts of the country limited flood damage coverage may be available, but it is very expensive and beyond the reach of most.

The insurance industry is apparently working on a plan to help protect all Canadians from damage and loss caused by severe weather, but as things stand when it comes to flooding, you are probably on your own.

The Findlaw links “scam” hit the blogosphere almost two weeks ago and there has still been no response at all from Findlaw.

In a nutshell, Findlaw has been accused of selling text links to lawyers to improve their search engine rankings. The only objection of any substance to the scheme is that it violates Google’s webmaster guidelines. Words like “unethical” and “dishonest” have been bandied about, mostly by SEO specialists who also offer their marketing services to lawyers, but are they really justified?.

Basically a text link from a Findlaw page could potentially be very valuable to a new or growing site because Findlaw has an impressive 7/10 page rank. Obviously many lawyers saw value in the deal and signed up for $12 000 a year in exchange for about 3 links monthly.

According to Google’s guidelines, while it is permissible to sell links, it cannot be done for the purpose of “manipulating” search results. This is precisely what Findlaw stands accused of.

The net result of the controversy could be that both Findlaw and their clients could be penalized by Google and end up with lower rankings than before. Last week there were reports of a drop in Findlaw’s page rank to 5/10, but today they are right back at 7/10.

While Google may not be “the law”, in many respects they are the “law on the net”. It may not be the smartest business move to get into Google’s bad books, but Findlaw has been around for a long time and can probably whether the storm. Or is it just a “storm in a teacup”?

Perhaps the biggest problem with the whole scheme is that Findlaw doesn’t seem to have disclosed to their clients the potential consequences their actions. If the axe does fall, they could be in hot water with some really smart lawyers.

Findlaw seems content to remain “mum” on the subject. In view of the fact that nothing of consequence seems to be happening, this could turn out to be the best strategy of all.

The details of the scheme are fully covered in Shame Shame Shame Findlaw and Findlaw gaming Google and possibly scamming lawyer customers?

This is a story covered by Donna on our lawyerahead.com website, I thought I would share with our Canadian readers as well. Very interesting law news - here you go.

I received a call earlier today from a former co-worker who also happens to be one of my closest friends. We don’t see one another often anymore because of the physical distance between us. Today’s call was a little different than the others I’ve ever gotten. For the phone to ring before 7 p.m. and it be her number on the i.d. sends up red flags. After all, an employee of Howard Industries, Inc. located in Laurel, MS very rarely sees eight or even ten hour work days. Twelve hour days are generally the rule of thumb. I know this because I was one of those employees. Getting back to the phone call, I answer it expecting to hear one of two things: she’s either thrown a computer at someone or she’s getting married. Either announcement would’ve been exciting, but what I got instead had me thinking, “Yep…it was just a matter of time” followed by, ”No way! You’re kidding, right? You quit your job and this is your way of softening the blow, right?”

Turns out Department of Homeland Security and Immigration and Customs Enforcement (ICE) officers, a total of about 700 agents, have raided Howard Industries. As of 5 p.m. CT, HI has yet to release a statement, but insists one is forthcoming. That’s OK, though, because FOX News and CNN both have satellite trucks parked and are preparing live feeds. This raid is due to recent contract negotiations and a new contract that while passed, was done so reluctantly.

This morning, while folks were beginning their typical Mondays and heading off to work, they were met with roadblocks and agents, complete with rifles blocking the entrances into the transformer plant. The raid had begun prior to 8 a.m., which is the time office personnel typically report to work but after the plant personnel have started their workdays. A list was quickly provided to the agencies so that certain management personnel could enter the building to contact other employees, vendors and suppliers. The men and women were separated and more than a few immigrants were found hiding in the enormous power transformer shells in the plant. One ICE agent was overheard saying, “Here’s the smoking gun.” No areas were off-limits, including my friend’s office and my one-time office.Laurel, MS has a couple chicken processing plants that seem to have been stricken with a sudden, widespread sickness among their plant employees and as such, have allowed their employees to leave so that they may tend to their sore throats or upset stomachs….whatever the case may be. Interstate 59 is quite active, from what I’ve been told.

Meanwhile, back at HI, the parking lots still hold the employee vehicles pending searches. It’s not quite understood what they’re searching for at this point, since any illegal immigrants that would’ve found safety inside a vehicle has surely abandoned that idea with the 90 degree temperatures that are common in south MS this time of year. The conference rooms in the admin buildings were typically used as a common holding room for some employees, specifically the ones on the list provided earlier this morning.

A memorandum that is addressed to all HI employees reiterates the company policy of verifying all work statuses for each employee. Look as though the ball was dropped years ago and was never picked back up.

Looking into the crystal ball for an idea of what the immediate future holds, an announcement was made by the Howard family stating that all employees were to report for their scheduled shifts tomorrow. I’m assuming that includes only the employees who have verified work statuses.

For anyone who isn’t familiar with Howard Industries, this is a typical American success story. Billy Howard founded the company in the 1960s with startup funds from his closest friends, who happen to remain stockholders to this day. The Laurel plant builds power transformers and is the largest manufacturer in America. Its closest competitor is General Electric. HI manufactures transformers for such companies as Southern Cal Edison, Southern Company and most other MUNIs and EPAs in the U.S.

It should be noted that Howard Industries is the second largest employer in the state of MS, with Northrop Grumman Shipbuilding being the largest (see my post on Dickie Scruggs).

After successfully building the transformer division, the Howards’ then went on to build a ballast plant located just south of Jackson, MS. That was soon followed by Howard Trucking division, located about six miles from the transformer plant, in Ellisville, MS and most recently, in Sandersville, MS, the computer plant was erected and is becoming as successful as Mr. and Mrs. Howards’ other divisions. The Howards’ adult children have returned to the family business after earning their college degrees and each are respected in their divisions.

If there wasn’t a huge controversy brewing already on a national level regarding illegal immigrants earning their livings in America, this is sure to highlight it in such a way that no good can come.

For local coverage, visit the Hattiesburg American.

I’m not sure if many of you have heard about this or not - I heard about it over the weekend and thought many people may not yet know that there is a new law targetted at multiple drunk driving charges.

In February of this year, the government amended the existing law on drunk driving by adding that for anyone charged with drunk driving more than twice, will have their car taken away by the government.

Its not fun for anyone to be in this situation.

We don’t recommend drinking and driving, but if you are in this position, we highly recommend consulting with an experienced dui lawyer. This is why we created lawyerahead.ca service, for anyone to find the right legal needs easily and quickly. Use it.

Laura M.

You are the victim of an accident – injured, in pain and under financial stress. The last thing in the world you need is a denial from your insurance company.

Accidents do happen, even to the most cautious of us. Luckily, in most cases you will be eligible for compensation, be it from your insurance company or the negligent party. Sadly, the process can sometimes be a long and hard. Potentially, it could cause more “pain” than your injuries ever did.

Let’s face it, insurance companies are in the business of making money. Although their adverts tell us how much they care, at the end of the day, it is the bottom line that really counts. This means that they will attempt to settle your claim as cheaply as possible and may even deny it.

A good personal injury or insurance solicitor will make sure you are fully compensated and your rights are protected. What’s more, you’ll probably end up getting a lot more than if you claim personally. Solicitors deal with these situations every day. You probably have little idea how much your claim is really worth, or what the various classes of damages are. Your claim may include: medical expenses (past and future); loss of income; pain and suffering; other emotional damages; temporary or permanent disability; loss of enjoyment of life; loss of family and social experiences or property damage, to name only a few.

A good solicitor has the experience and knowledge to fairly estimate your claim and ensure that you get what you deserve. After all, you have been paying those premiums for years and years, and it is your turn to get something back. Mostly you will end up with more in your pocket, even after paying their fees. It is one of those rare “win-win” situations.

Many solicitors will work on a “no win – no pay” basis, so whatever your financial situation, you can get one on your side.

Divorce battles among the (even somewhat) famous have always been perfect fodder for tabloids and gossip talk shows, but the traditional ‘rags’ may have some stiff competition. A startling, user-generated video that was uploaded by embittered soon-to-be divorced Tricia Walsh-Smith has received nearly three million hits on the popular website Youtube.com. Yes, three million.

Tricia Walsh-Smith, a British actress, is married to Phillip Smith, president of Schubert Theatres. Shubert Theatres is the single largest theatre owner in New York City.

Walsh-Smith’s video depicts her plight to receive an equitable distribution of the marital property and assets. When Tricia Walsh marched down the aisle around nine years ago to marry her (then) beloved Philip Smith who is nearly twenty-five years her senior, she perhaps gave little thought to the prenuptial agreement that she signed before entering into anticipated wedded bliss.

Walsh-Smith claims that her estranged husband is attempting to have her thrown out of their posh Manhattan apartment, and further asserts that he wants to leave her destitute. Under the terms of their prenuptial agreement, Walsh-Smith would receive their home in Florida along with a cash award of one-half million dollars in annual alimony, should the couple’s marriage end in divorce. She now wishes to set aside the original agreement in the hopes of receiving more of her husband’s assets.

The popular video was posted on April 10, 2008 includes a narrated tour of the Manhattan apartment. During the video, Walsh-Smith exhibits photos from the couple’s wedding album, throws in some negative comments about her in-laws, and reveals intimate details about her hubby to his personal assistant (via a telephone conversation). She alleges that even though her husband never wanted to have sexual relations with her, she found pornographic material, condoms and Viagra among his possessions. She also vehemently claims that he has no “grounds for divorce” as required by the prenuptial agreement.

The big networks including CNN, ABC, and MSNBC have each aired footage about the video and its peculiar popularity. Opinions are divided about what the success of Walsh-Smith’s video implies. The video has certainly made her somewhat of an instant celebrity. She has five videos on the site, each one a follow-up on the proceedings in her case, and each one chiding her husband, his friends, and the legal system for their mistreatment of her. Walsh-Smith has certainly obtained a big following – will these videos put pressure on her husband to grant her a better deal without being ordered to do so by the courts? Perhaps Youtube.com users will be the first to know.

Walsh-Smith’s videos certainly leave nothing for the imagination. One can’t help but wonder, however, if she is truly the jilted spouse or if these video depictions are simply the product of a talented actress who was once touted the “commercial queen” in her native London (she claims to have done over five hundred commercials). Either way, she certainly has the Youtube.com community sold!

You can view Walsh-Smith’s controversial first video by clicking on this link:

http://www.youtube.com/watch?v=hx_WKxqQF2o

Everyone remembers the Propane Blast in Toronto last week. It was all over our local channel news and if you were wondering poor residents, well, those poor residennts have stepped up to file law suits against Propane Firm Sunrise for a total of 900 million dollars! It turns out that the claim is based on the fact that this propane firm hired incompetent workers, and further were not in compliance with Environment Ministry. For real ? You cause all this mess and then not even offer to clean it up ? 900 million dollar lawsuit should inspire a little bit of coorpation.

Here is an article on Nation Post that covers the blast in Toronto

Thanks!

Laura, lawyerahead.ca