Adult child support invokes the response that most oxymorons entail- say what now? Although adults are not children, some adult children or adult dependants cannot survive on their own and require the assistance of their parents. Some cases that fall under this category are when a son or daughter is mentally disabled or otherwise impeded by afflictions, depending on parents while attending university, or any other case that disallows these ‘children’ to support themselves.

The Divorce Act slips in a nifty little catchall allowing ‘other causes’ to be reason for adult child support. The act defines a ‘Child of Marriage’ as, “[someone] the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessities of life.” As blurry as the guidelines are for who exactly deserves support, judges have done a good job of restraining the age limit.

Some of the other causes affirming support payments according to case law include pregnancy, unemployment, and post-secondary education. According to the British Columbia Justice presiding in Wesemann v. Wesemann, he refers to his “four-step approach” to determine support:

1. Decide whether the child is a “child of the marriage” as defined in the Divorce Act. If s/he is not, that ends the matter.
2. Determine whether the approach of applying the Guidelines as if the child were under the age of majority (“the usual Guidelines approach”) is challenged. If that approach is not challenged, determine the amount payable based on the usual Guidelines approach.
3. If the usual Guidelines approach is challenged, decide whether the challenger has proven that the usual Guidelines approach is inappropriate. If not, the usual Guidelines amount applies.
4. If the usual Guidelines approach is inappropriate, decide what amount is appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial.

At minimum, this and other such meticulous lists depict how considerate judges are on the subject.

In the abstract for Child Support for Adult Children: When Does Economic Childhood End? Nicholas Bala notes, “Reflecting the changes in intact families where young adults are living with their parents longer as well as looking to parents for more financial support, compared to a couple of decades ago, the courts in Ontario and other Canadian provinces are now more likely to recognize the obligation to provide support for adult children.” Apparently, now more than ever, offspring are living at home and depending upon their parents far beyond the 18-year benchmark.

Although there is opportunity for exploitation because of its murkiness, adult child case law has done a good job so far of reining in the longevity of support and monitoring who and who doesn’t require continued support. Support tends to hinge on certain requirements (if for unemployment, that they are actively searching for work, or in the case of pregnancy that the young lady return to work once the baby is eight months old) that makes it less like welfare and more like welfare-to-work.

It is always recommended to consult a lawyer relating to such matters.

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Most Viewed Canadian Lawyers in Canada for the Week ending June 26

1. Lorne Fine, Toronto Lawyers, Toronto Family Lawyers
2. David J. Rotfleish, Toronto Lawyers, Toronto Business Lawyer, Toronto Tax Lawyer
3. Kerry Joan Lee, Owen sound Lawyers, Owen sound Family Lawyer
4. Dante Capannelli, Toronto Lawyers, Toronto Business Lawyers
5. Kavita V. Bhagat, Brampton Lawyers, Brampton Family Lawyers

The rights of the disabled have been championed by many an organization. Few countries have museums dedicated to the rights struggle, but Canada is among these caring few. Legislating rights has always been a delicate balance between exclusion and reality. For example, handicap parking spaces may be exclusionary and you may grumble about them but at the same time, they have a realistic purpose. It is important to understand the function of these laws, the rights disabled citizens have, and what she should do if one of those rights is violated.

As defined by the Americans with Disabilities Act (on which the Canadians with Disabilities Act was patterned after) a person is considered disabled when they have a “physical or mental impairment that substantially limits a major life activity.” This could be a wasting disease, a mental retardation or anything that interferes with normal daily activities. Many people are born with these disabilities and some accrue them during their lives via a car accident or injury on the job. In either case, if something happens to limit ones ability to function normally, they are considered disabled.

Specific rules are necessary to prevent unfavorable treatment of the disabled. Unfortunately, the Canadian government has yet to pass the Canadians with Disabilities Act (CDA) and many feel that without it, an atmosphere of discrimination will persist in Canada. Without sounding too biased, I would like to think Canadians are more ethical and mature than the US (I am American), but saying that, the states exemplify the potential for exploitation without passing anti-discrimination laws (pick a minority).

Forgetting the CDA for a moment, there are certain rights the disabled possess already. In an employment setting, employers should make reasonable accommodations for disabled employees. According to the Employer Equity Act, “every employer shall implement employment equity by . . . making such reasonable accommodations as will ensure that persons in designated groups achieve a degree of representation in each occupational group in the employer’s workforce that reflects their representation in society.” They go on to describe what is and what a “reasonable” accommodation is not. Reasonable accommodation issues arise in housing and services as well.

So what happens when one is discriminated against? Firstly, they should try to work it out with whomever they feel is acting in error. The problem may not be as obvious to them and one should try resolving the issue. Once they make it clear that they do not intend to rectify the situation, it is time to talk to your lawyer. Organizations like the Canadian Human Rights Commission can help as well.

For more information on accessibility laws, go here. As it stands now, the law leaves something to be desired. It would seem appropriate to enact the CDA or a similar bill to clear the air. Many government buildings and large institutions that are difficult or impossible for the disabled to access and perhaps legislation is necessary to level the playing field.

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SoBe Entertainment International (SEI) filed a suit against the WWE wrestler, The Big Show, his wife and the WWE for breach of contract. The lawsuit claims that World Wrestling Entertainment, “tortiously interfered with the contractual relationship” between Mr. Wight (Big Show) and SEI. According to the contract with SEI, Wight signed “to act as a performer, entertainer, actor, boxer, wrestler, athlete and celebrity person for a five-year period covering March 1, 2007 through February 27, 2012.”

In November of 2007, Wight told SEI he would no longer honor his contract with them. According to the lawsuit, two months later, Wight signed with the WWE “for professional services he had exclusively contracted for with SoBe.”

SoBe lawyers contacted the WWE and informed them about the contract and told them they were tortiously interfering. In April 2009, they again contacted the WWE and “warned the WWE of Wight’s material breaches and of the WWE’s tortious interference with SoBe’s contractual relationship. And, once again, the WWE disregarded the rights of SoBE by having Wight headline in Wrestlemania.”

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Like most insurance policies, motor vehicle accident (MVA) insurance is something you “have”, but tend not to investigate until you need it. Policies vary in coverage and amounts paid should an accident occur. Although no policy is complete, anyone injured in a MVA is entitled to certain benefits no matter who was at fault.

Under the Canadian No-fault law, car accident victims are allowed to sue the other party for damages in addition to the insurance settlement. Insurance companies pay benefits out according to the Statutory Accident Benefits Schedule (SABS), but these payments may not be enough to remedy expenses in a fault MVA. In the rare case that neither party has insurance, the Motor Vehicle Accident Claims Fund takes care of the injured party’s expenses.

Expenses covered are:

• Loss of Income. If injuries sustained from the accident prevented you from working at your job, the income lost during the recovery period may be reimbursed. Under the Insurance Act, parties are eligible for up to 80% of their net income from accident to trial and up to 100% gross income loss after trial.
• Medical Expenses. Any medical costs incurred. This includes rehabilitation.
• Attendant Care Expenses. After being injured and then released from the hospital, you may require the help of a nurse or other professional. MVA payments cover this.
• Additional Expenses. Expenses relating to the treatment of injuries sustained during an MVA such as travel costs, any prescribed apparatus, and other costs incurred because of the injuries.

Consulting with your lawyer after an accident is the best way to figure out what you are entitled too. The means of tabulating damages can be complicated and an experienced Canadian lawyer will have a good idea of what settlement you deserve. They will guide you on what to do if your insurance company wants a statement or the other party’s insurance company wants to talk with you among other issues.

It is best to be proactive about your MVA insurance policy. Before an accident occurs, find a lawyer to discuss what is and is not covered and what coverage would be best for you. A little preparation goes a long way and a simple consultation can help ease the mind over one’s safety if an accident ever does occur.

For more information on Canadian Lawyers, Toronto Lawyers, Vancouver Lawyers and previous, real examples of cases related to your car accident situation you might be facing , visit www.lawyerahead.ca

A while ago Arizona decided it wanted a hockey team before it remembered it was in an arid, desert region of the United States. After they received the electric bill and no one showed up to watch their games the Coyotes decided to go bankrupt. And then billionaire hockey aficionado Jim Balsillie stepped in to buy the team and move it back up north to Canada.

Well this rubbed Arizona hockey fans the wrong way. Even though the team has lost over $300 million dollars in the 14 or so years it has been in Arizona, they really want the team to stay. The NHL wants the team to stay in Arizona as well and is asking everybody to buy the Coyotes to keep it out of Canadian hands. This fits with Arizona’s repertoire of taking things like the London Bridge from other countries and putting them in a desert. What is a billionaire to do?

Recently, the judge presiding over the team’s bankruptcy said the timeframe Balsillie had in mind was unrealistic. They needed more time to get things squared away and the June deadline just would not do. This led Balsillie to extend the offer to September. Balsillie wants a mediation hearing with the NHL to work out their differences. He is even considering paying a relocation fee of $100 million.

So can Jim Balsillie get his way? Oh yeah. Although Arizona and the NHL are being stubborn, the facts are obvious. In Arizona, the team loses money. Outside of their name, it makes no sense at all for the Coyotes to be in Arizona. The only reason the NHL is being a jerk about this is (I’m guessing) they want more money. And really, the only surprise is that it took this long for the team to go bankrupt.

Balsillie will get the team back into the homeland of hockey and Arizona will pout as they cash the check. Money talks and Balsillie has it. Soon enough, he and Ontario will have a new hockey team.

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Business runs on interconnectivity with suppliers or distribution and having a well-formed contract enables each party to have recourse if things ever get ugly. A solid business contract should contain certain elements that ensure each party knows who, what, when, where, and how and what happens if the contract is breached.  As always it is not a bad idea to consult a lawyer to review the contract.

Identify parties. Specifically identifying whom the contract is between is a necessary part of solid contracts. It eliminates any confusion over who will deliver what goods or services and exactly who is benefiting from these goods or services. This could help later if one party switches suppliers. For instance, if Acme manufacturing and Bob’s deli have a contract where Acme manufactures and delivers 40 hams per week to Bob. After 3 months Bob notices the hams being delivered have decreased in quality. He finds out that Acme is no longer making hams, but slapping Acme labels on Meat Inc hams. Bob may have standing to sue if Acme was specifically named as manufacturer in the purchasing agreement.

Specific conduct. Detailing what exactly is being exchanged is another vital part of a solid contract. Being specific as to what service or good and quantity of each is necessary and a realistic timeframe for the act/good to be performed/delivered. If performance is time sensitive, it should be expressed in the contract as well. This would include ticket sales, advertisements and the like.  See example of another case here.

Nondisclosure. Some arrangements may require others to know sensitive information about a business, nondisclosure clauses or the like ensure secrets stay secret. Adding penalties for information leaks or corporate espionage reinforces legal parameters already in place and establishes what will happen in writing if either party breaches the other’s trust.

Indemnity. Briefly, an indemnity clause allows a party to seek reimbursement from the indemnitor (person responsible) for monies the indemnitee is forced to pay to a third party. For example, a vendor’s DVD display falls on a customer and injures them. The store owner is liable because the incident occurred at their store, but if they have an indemnity clause in their contract with the vendor, they may be able to recover whatever monies were paid out to that customer because the vendor was at fault (they improperly put the display together).

Timeframe. Arrangements or pricing eventually become a factor and being able to “move on” to another supplier or renegotiate with the same parties is important. Contracts should stipulate how long the arrangement is to be honored. A set number of deliveries (not time dependant) or combination of both time and performance limits also works. For example, a car dealership contracts with GM to buy/sell only their cars for 5 years or until they have bought 5,000 vehicles whichever comes soonest.

Termination. Termination clauses are important to ensure that surrounding events that may compromise the other party in the event they happen allow that party to escape the agreement. One case if Acme files for bankruptcy before the expiration of their contract with Bob’s deli. With a termination clause stating that filing for bankruptcy is a breach of contract, Bob may end the relationship even if Acme continues to perform as they did before the bankruptcy.

As always, it is best to have a Canadian lawyer review any contract before entering into an agreement.

In order to find a lawyer or for more information on Toronto lawyers, Vancouver Lawyers or a local lawyer in your region for a business lawyer, visit http://www.lawyerahead.ca

Microsoft has sued Eric Lam, Gordon Lam and Melanie Suen over fraud related to pay-per-click advertisements. Filed in the court of Seattle, the civil suit names a Canadian citizen (Suen). Microsoft is suing for damages of $750,000.

After a yearlong investigation, this is the first suit filed by Microsoft. Microsoft was able to confirm the complaints made by concerned advertisers. These advertisers were noticing suspicious spikes in traffic to their ads. After investigation, Microsoft realized there were increased searches for terms such as “auto insurance quote” and click-throughs were exorbitantly high.

Although many advertising firms have complained in the past, this case is important because it is the first of its kind where a search engine actively goes after suspects of fraud. Tim Cranton, a lawyer for Microsoft said, “We have decided to become more active in the commercial fraud area on the enforcement side. The theory is you can change the economics around crime or fraud by making it more expensive.”

There is a push to incorporate more preventative measures to cut down on the reported 1 in 7 fraudulent clicks.

The paltry $750,000 claim (from the perspective of Microsoft) is meant more as taking a stand than actually recouping damages. By setting an example with the three suspects, Microsoft hopes to deter future pay-per-click schemes. As far as how effective this technique will be is unknown but we can get an idea from how the RIAA lawsuits over copyright infringement played out. They did not deter anything and, in many cases, they are still in court.

The case is filed and it will be interesting to see how it plays out. Maybe the court will better define the responsibilities search engines have to prevent this. On the other hand, they may actually set an example and deter future fraud clickers.

For more information on Toronto Lawyers, Vancouver Lawyers & Canadian Lawyers for commercial crimes and fraud crimes can be found at www.lawyerahead.ca

Contracts come up often during the course of business. Common types of business contracts include employment, land/lease/rental contracts, contracts with suppliers and contracts with customers.

Employment contracts. Contracts with staff for either professional or nonprofessional services appear frequently. Employment contracts range from salary stipulations through right-to-work arrangements. They state how the employee will be compensated and what actions they must perform. Any oral agreements concerning compensation for overtime or benefits should be included in these contracts. Any performance-based incentives or bonuses should be included as well. Employers should include termination clauses befitting the position. For example, morality clauses are less common, but in some instances should be included if the employee is a direct representative of the company.

Land/Lease/rental contracts. These contracts are between business owners and landowners over usage of a building or parcel of land for business purposes. Rental contracts identify the rights and requirements of tenants and landlords. They address such instances like when a landlord sells or loses the title to a building (due to bankruptcy, etc). Commercial leases should provide an adequate time allotment to avoid constant renegotiation that can impede on owner’s ability to conduct business.

Supplier contracts. Contracts with good suppliers add a sense of stability to a business. These allow a business owner to know what they are getting and whom they are getting it from and at what price. The contract benefits suppliers by binding the business to always purchase from them instead of their competitors.

Customer contracts. Contracts with customers provide both parties written assurance of what oral agreements the other has made (if any). Although oral contracts can be binding, having a signed copy allows either party to revisit the agreement in the case where the other did not perform as agreed upon (either the services rendered were not as advertised or the compensation for services was not adequately made). An example of a contract between a business and customer is a tire store warranty stating that a replacement tire will be issued without cost if the purchased tire explodes within 30 days of installation.

Lawyer can draw up an effective, template-style contract for each situation. This allows business owners to employ contracts in a timely manner instead of having a new one drawn up for each instance. For example, having a standardized agreement for customers only requiring a name, date, description of services rendered and a signature saves lots of time and ensures there are no questions over the contracts validity should a dispute arise. This works well for general employment contracts as well.

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