Careless driving is considered to be one of the most serious violations, next to driving under the influence (which is viewed as a criminal offence). The Highway Traffic Act describes careless driving as following:

130. Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her licence or permit may be suspended for a period of not more than two years. R.S.O. 1990, c. H.8, s. 130.

For Careless Driving, there are 2 types of ticket you can receive - one with or without fine.  The ticket with fine usually results in you having to pay a fine as along with loss of demerit points.  The penalty, i.e the fine and the demerit point loss depends on the situation at the time you were pulled over and the local jurisdiction in which you were pulled over.  When you receive this type of ticket you can either plead guilty and pay the fine, or plead not guilty and take the case to trial.  If you do decide to take the case to trial, please ensure you have an experienced lawyer handling your matter.  Visit Lawyerahead.ca for the most comprehensive canadian lawyer profile available on the Internet.  Your other option is to plead guilty with an explanation, but this will only lower your fine (if the prosecutor agrees with it).  You may still remain unsuccessful in removing the demerit points and the violation in your driver record.

A ticket without a fine is a court order for which you are summoned to court.  In this case, if you lose the case, the penalties will be much worse: up to $1,000 fine, license suspension and even jail time.  As for demerit points Careless Driving is one of the most serious violations.  6 demerit points are awarded for careless driving and that means only 2 tickets of this moving violation type and your license will be suspended.  It is important to note here that the ticket for careless driving will also influence your insurance rates.  In other words, it is important to keep a clean driving record to avoid high insurance rates and in some cases loss of job opportunities.  Many moving violation tickets can be dismissed with the right lawyer.

Getting caught while careless driving can also lead to other types of offenses.  There are 4 general types: Borderline personality disorder; the influence of alcohol while driving (classified as drunk driving); the influence of drugs while driving (classified as driving under the influence); encouragement of the driver to behave in such a manner by other passengers (also called peer pressure).  So basically one serious traffic violation can easily turn into a serious criminal offense, and in that case the 1,000 dollar fine is nothing compared to the consequences of a serious criminal offense.

In the common law tradition, guardian is a person who is chosen to make decisions for another person (usually named ward), who cannot make decisions for him or herself.  A guardian could either be appointed by the court or through a legal document such as a living will. These people take the responsibility to care for the ward and represent him or her for a certain period of time, caring only for the best interests of the ward. Generally the guardians are responsible for two types of decisions: personal and financial.

-          Personal type of decisions includes things like medical care, treatment and even education. Mostly these decisions must be made for minors, ill or disabled people;

-          Financial type of decisions includes management of finances and bank accounts, arrangement of purchase or purchasing items for the ward.

Guardianship usually gives the appointed guardian the power to make decisions only for a certain period of time (while the ward is incapable of doing so). If the ward is unable to make decisions due to mental or physical disability, disease, or addiction to alcohol or other drugs, the court will appoint a guardian. In cases of medical problems the state of the ward must be proven by two independent experts. Guardians are also appointed for minors (if the minor has no one to care for him or her) until he or she reaches a certain age.  

Usually a person who has ties to the ward is preferred as guardian -  this can include parents, relatives and spouse. Also the ward has the possibility to appoint the ward by a legal document (living will, power of attorney), if there is no documents the court will appoint a state employee or a private person (familiar with ward). When appointing a guardian the court considers numerous factors like character, history, physical capacity, and other relevant attributes. Such attributes as limited education or financial resources won’t be a problem for the possible guardian, instead the court pays attention to criminal record and medical and mental health of the possible ward. The selected guardian must be willing to perform the duties, make decisions for the ward and represent the best interests of the ward. The decision of the court usually depends mostly on the situation, so people who are interested in appointment of some specific ward need to think ahead and specify the guardian for certain situations in a legal document. If the appointed guardian failed to follow the courts orders, has not provided adequate care for the ward, is guilty of neglect (using the wards finances or the situation for the guardians benefit) or has no possibility to represent the ward and make decisions for the ward anymore – a new guardian (or a temporary guardian) will be appointed. Also a guardian can be removed if the court determines that the ward no longer needs the services of the guardian. When considering a guardian in a living will or a power of attorney, it is important to consider all the possible situations that can occur.    Visith Lawyerahead.ca for the most comprehrehensive online legal information.  In addition it is the best free way to find a lawyer in Canada.

Additional Wills Estates, Trusts Legal Information can be found here:

1. Estate Planning Legal Information
2. Probate Legal Information
3. Trusts and Estates Legal Information
4. Wills and Living Wills Law
5. Power of Attorney Legal Information
6. Estate Administration Legal information
7. Elder Law Legal Information
8. Estate Litigation Legal Information

How to Hire a Canadian Lawyer

Step One: finding a lawyer in the right area.

The right area here means both the right area of the law and the right area of the world. Where the case will be tried narrows your search to a particular location. Most attorneys stay within their own province, and even their own city when possible. Your question then becomes something like: “Who practices in the area of child custody disputes in Windsor?” Remember, the location may not be where you live, but where the matter will be tried in court.

If you are not sure what sort of lawyer you need (Real Estate or Tax?) you should ask an attorney in another, unrelated practice area to tell you. You can also check with the Canadian Bar Association, there are links to contact them and a FAQ.  Lawyerahead.ca has the most comprehensive profiles of Canadian Lawyers.  Alternatively, you can post your cases at lawyerahead.ca and have qualified lawyers contact you directly which in turn saves you the hassle of looking for a lawyer on your own.

Once you have decided on the area of law and the location, you are ready to narrow down your lawyer search.

Step Two: Look over public materials.

Most law firms either have websites or are peer reviewed at sites like Martindale.com or Lawyerahead.ca and you can view their presentations. At this stage, you are just gathering a few names (individuals and firms). You can find client comments at Martindale’s or Lawyerahead.ca as well as peer ratings (and rankings based on fees). This should give you some idea of how many attorneys are practicing that meet your location and expertise requirements.

Step Three: Interview.

Most firms offer an initial consultation, either by phone or in person. Here is where you have an opportunity to ask questions specific to your matter. Some questions to ask:

l What is your (or your firms) experience in this area of the law?

l What are the likely outcomes of my case and how long will it take to resolve?

l What are your rates and billing cycle?

l What is a reasonable estimate of how much this will cost overall, including expenses?

l Is it possible to save money by letting a junior or paralegal handle most of the case?

l What style do you think best fits my case - aggressive/passive, mediation/arbitration/trial?

Step Four: Final selection.

This is a final decision based on the impressions you received during your interview and what you found out about the firm in question. Who did you feel most comfortable with? Which office answered the phone quickly and seemed the most professional? Did their offices appear professionally run? What did other attorneys say about them? Did they answer your questions as completely as possible?

A word about costs. Attorney fees are not a good measuring stick. Hiring the least expensive isn’t always the best choice, nor is hiring the most expensive. Hire the best attorney you can within your budget - pay attention to fees, but pay more attention to the man or woman you are about to hire. A successful prosecution of your claim or a great defensive outcome is more important than a few dollars saved on a fee.

Lawyer/Client Relationship

The relationship between a lawyer and client is best summed up by a synonym - a lawyer is an advocate. And an advocate is “a person who speaks or writes in support or defense of a person or cause.” Just as a physician is duty bound by their profession to protect and improve the physical health of their patient, so too is a lawyer bound to protect the legal health of a client.

The tradition of trust and service was important enough for even the Supreme Court to have stated, as far back as 1850,

“…There are few of the business relations of life involving a higher trust and confidence than that of attorney and client, or, generally speaking, one more honorably and faithfully discharged; few more anxiously guarded by the law, or governed by sterner principles of morality and justice; ”

The Lawyer’s obligations

Your lawyer is bound to represent you within the ethics of the profession and the strictures of the law. This means that without your consent (and in most cases insistence) they cannot act against your interests, and this extends to other cases they may take on as part of their practice. Some parameters attorneys must follow include:

·       Attorneys must be knowledgeable in the area of the law your case requires - it would be unethical for them to act without proper competence or without the ability to analyze the legal issues.

·       Your lawyer is required to follow your directions in how your case should be handled. He or she may present you with options and recommendations, but you have the final say.

·       Attorneys are forbidden to operate under a conflict of interest. They may not, for instance, represent both parties in a dispute.

·       Your lawyer must keep you informed as a legal matter progresses.

·       Any property in a lawyers custody must be kept separate from the lawyer’s own and must be surrendered when demanded.

·       Communications must be kept confidential - both by the attorney, their staff, and any others they hire. This obligation may at times be broken when ordered by a court for specific reasons.

Your lawyer is not required, and in fact is prohibited, from performing any illegal actions at your request.

The Client’s obligations

As a client, you are obliged to be honest and forthcoming with your attorney. Your communications are protected to allow you to fully reveal information, even embarrassing or culpable facts. Other obligations:

l  Being available to your attorney, both for simple communication and for legal proceedings you are required to attend. This means having good contact information and timely responses.

l  Cooperation. There may be legal reasons to do something you find onerous or simply inconvenient. Your lawyer will be handicapped if you argue and fight the help they offer. If you do not understand the purpose of some act or request - ask.

l  Payment. Clients are obligated to pay for the services they receive and should do so willingly. Attorneys will discuss rates and charges with you when requested, and clients should be comfortable with financial arrangements. However, your attorney is a professional who performs a service for a fee - a fee that should be paid.

For more information on Find Lawyer, Canadian Lawyers, Toronto Lawyers, Vancouver Lawyers and lawyers in your local area, visit www.lawyerahead.ca

Unbelievably enough, some people do not have a lawyer on speed dial. For whatever reason, they do not have an attorney retained even though they could be sued or arrested at any moment. Most of us non-celebrity or non-executives have to admit that this sounds familiar. So when should you call a lawyer? Before or after the breathalyzer?

Arrests. Contacting an attorney should be done before an arrest if possible. Depending upon the circumstances, one might be aware the police have a warrant for their arrest. An example would be being taken in for questioning where the police subtly mention that if you confess they will cut you a deal. That is an indicator it is time to call a lawyer. If the police end up releasing you and then charging you later, your lawyer can arrange a time and date for your surrender in lieu of being forcibly taken from your home late at night.

Subpoenas. Many professionals receive subpoenas for records or to testify in concordance with a case. Subpoenas tend to be straightforward, but occasionally lawyers try to get medical records or irrelevant data during fishing expeditions. There have been instances where a doctor, subpoenaed for records, released the records and was later sued for breaching confidentiality. Even though it is legal for a lawyer to serve a subpoena sometimes, it may not be legal for you to fulfill what it requests. This is why it is important to call a lawyer right after you receive a subpoena. They can better explain what the request is for, how binding it is and the implications.

Injuries. After sustaining a life-changing injury, contacting an attorney is the last thing on your mind. After a car crash, you will probably be more interested in treatment. Saying that, get in touch with a lawyer posthaste. If the injury was due to negligence or an intentional wrong, albeit a MVA, defamation, or slip-and-fall the sooner you present your side of the story to a lawyer, the better. Better, because the incident is fresh in your mind, witnesses are easier to contact, and there is no worries of a statute of limitation default dismissal.

In general, it is good to contact a lawyer as early as possible if you need to use the courts or need representation for a case. The earlier you make contact, the more preparation time your attorney will have.

For more information on Lawyers, Canadian Lawyers, Toronto Lawyers, Vancouver Lawyers and Lawyers In Your Area, visit http://www.lawyerahead.ca/

Functionality of social media and connectivity are growing on the Internet. Many businesses are creating Twitter accounts and Facebook pages. Direct marketing and relationship marketing thrive with these forms of interactive tools. Another innovative technique lawyers are using to market their firm is Google profile and alerts. These may seem foreign but setup is a breeze.

Google Profile allows anyone to create a personal, searchable page on Google. Once an account is created (if you do not have one already with Google), you begin by entering in data about yourself or business into the form and any links you would like displayed. Google allows users to upload photos and contact information. Click the ‘create profile’ button and you are finished. Here is an example of a Miami firm’s profile.

Google Alerts keeps you updated on stories or people you are interested in. It works by allowing users to isolate key phrases or words they often search for and emailing or delivering via feed new results. For instance, a VP at Pampers may want up to date information about its competitor, Huggies. By creating a Google Alert for “Huggies”, they no longer have to dedicate time to searching for themselves. Google will email them any new developments posted on the web about Huggies.

Other applications for Google Alerts include monitoring what others are saying about your business (or you). By creating an Alert for your name, any occurrence of it in the press will immediately be mailed or show up on a Feed Reader.

To create a Google Alert, first login to your account and go here. Proceed to type in whatever search term(s) you desire. Google gives you the option to search only news, videos, blogs, groups or all of the above (comprehensive). This can be useful as a filtering mechanism. Next, they want to know how often you would like updates. The choices are once a day, as it happens or once a week. Finally, Google needs to know how you want this information sent to you- to either a Google account email or feed.

These two quick and useful tools go a long way to monitor and market. They are both extremely powerful and user-friendly. To get an account with Google and get started go here.

For more information on Canadian Lawyers, Lawyer Marketing, Law firm advertising visit http://www.lawyerahead.ca/

Much like working with an accountant, working with a lawyer is a collaborative venture. The more information you provide to your lawyer, the better they can perform in the courtroom. Simple, subtle little instances surrounding a case can change the whole landscape of how you can be defended. In civil suits, the seemingly mundane make or break some claims. Not necessarily if you plucked your eyebrows that morning, but other little things like the time of day, the atmosphere, and other details can affect a suit. Among those, here are some things you should know about working with a lawyer.

Their time is precious. Lawyers have caseloads. If they did not, they would probably go bankrupt. Be respectful of their time and the scheduled consultation appointments. If you cannot make one for whatever reason, politely call ahead and request a new time that would work out better for the both of you. Simple courtesy goes a long way.

If they ask, give it to them. Many times, a lawyer might need records or assorted documents for the case. They could be dead ends or they could be the details that add case-changing elements. Either way, if they ask for something, do your best to get it to them as quickly as possible. The longer they have to examine the files and decide their pertinence to the case, the better.

If they have not asked and it seems pressing, give that to them too. Lawyers are human and may forget to ask for something relating to the case that you feel “should be mentioned”. Why not mention them? Much like a doctor, who cannot read your mind about your knee pain, lawyers do not know “everything”. Waiting for them to ask about a related piece of info is counterproductive when you can just tell them and let them include or exclude it. If the information pertains to deviant or illegal behavior, remember your client/attorney privilege.

Follow their advice. Lawyers have copious amounts of experience in the courtroom, or at least more than you do (hopefully). At times, they may request that you dress or act a certain way during proceedings. Take their advice. Courtrooms are rich in procedure and appearances (the robes should give that away). The element of respect and dress code may be at a strange level inside the courtroom, but it should be followed. If your lawyer takes the time to ask you to do something in a specific way, take the time to follow their advice.

Finally, remember that they are working for you. This does not mean be a bossy jerk, more that the two of you are on the same team. You share the same goals. If the attorney offers you a plea deal or settlement, they are not trying to swindle you; they are presenting the option they feel is the best deal you are going to get. Hear them out. It may seem unreasonable and maybe it is, but most likely, the deal is fair and probably the outcome that would have happened anyway with a long trial. Heed their advice!

For more information on Lawyers, Toronto Lawyers, Vancouver Lawyers or any other Canadian Lawyers, you may visit http://www.lawyerahead.ca/

One of the most traumatizing experiences a person can ever endure is sexual abuse during their childhood years. The sensitivity of the topic itself makes it tough for many to discuss, let alone testify about in a court of law. Society and the media do their best to shame those who abuse children and even prisoners join the fray requiring many sex offenders to be segregated populations for fear of their lives. Yet the crimes continue.

According to The Badgley Report, “1 in 2 girls and 1 in 3 boys were the victims of unwanted sexual advances before the age of eighteen.” As disturbing as these statistics are, lenient sentencing for offenders offer little incentive for cessation.

Victims of violence offers examples of just how lenient the courts have been on offenders. Out of the eight cases cited, the longest sentence was seven years and the shortest 45 days in jail to be served on weekends.

Lenient in some ways, the courts are harsh in others. There is no statute of limitations on child sexual abuse. Discovering abuses that took place decades before can still be brought to court today.

Likewise, the National Sex Offender Registry requires offenders to register with them for 10 years or life depending on the severity of their crime. The registry serves its purpose by allowing communities to track offenders in their area, but this monitoring device can backfire as shown by stories where released offenders are beaten just for being sex offenders. Harsher penalties for offenders who fail to register may be necessary as well.

In Canada, the age of majority varies between provinces ranging from 17 to 19. According to the criminal code, the age of consent for sexual activity is 14 stating, ”Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body a person under the age of fourteen (14) years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.”

Many feel laws are far from perfect, but even the Victims of Violence website states that “Advancements in the laws governing the sexual abuse of children have improved.”

For more information on Sexual Abuse, Find Lawyer, Lawyers, Toronto Lawyers, Vancouver Lawyers  and Canadian Lawyers in general, visit www.lawyerahead.ca

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.

For more information on Find Lawyer, Lawyers, Toronto Lawyers, Vancouver Lawyers, Canadian Lawyers, Adult Child Support and Family Law visit http://www.lawyerahead.ca/

We’re all familiar with medical malpractice in the common sense where an impetuous surgeon misplaces a scalpel or two inside a patient’s chest cavity… but what about pets? As it turns out, more and more cases are surfacing involving the death of a pet due to veterinary malpractice.

Historically, the value of an animal was limited to its economic value. The intent leaned more towards farmers who, if disenfranchised by the loss of livestock, would be awarded the market value of that animal. This of course forgoes any consideration for the connection between an owner and their furry friend, which is evident when what the owner spends to save their animal exceeds the pet’s “market value”. For instance, a pet owner who funds a $50,000 surgery to have a cancerous tumor removed from their cat when the cat’s market value is fourteen dollars.

Some believe that Canada is right for not putting a price tag on the emotional distress caused by losing an animal to veterinary malpractice. The high price of a vet visit would only increase after malpractice insurance rates grow due to larger settlement amounts. This seems justified by what has happened with healthcare in the United States. But is it right for the whole to save a few dollars when a few have legitimate claims to bigger settlements?

California doesn’t think so. The USA Today mentions the saga of a dog owner’s lawyer who fought for and received $30,000 for the dog’s “unique value” in addition to the costs associated with the surgery. They go on to mention a similar case out of Kentucky where the court awarded a pet owner $15,000 for their dead German shepherd.

The common law opinion that animals are merely property is perceived more and more as defunct. Tort suits in the US where pet owners receive monies beyond the scope of their animal’s economic value are becoming more prevalent and it may only be a matter of time before Canada follows suit.

To find a lawyer for your legal matters, visit www.lawyerahead.ca.

Lawyerahead.ca has the most comprehensive online lawyer information on a Canadian Lawyer including medical malpractice lawyers.

Visit site, call few canadian lawyers or post case and interested lawyers will contact you.