Archive for the 'News in Canada' Category

Marketing with RSS feeds for Canadian Lawyers

Posted by michaelm on June 8, 2009 at 9:12 am

Marketing strategies vary and many tried and true techniques have lost their potency because of changing technologies. Keeping up with the times is necessary. Attracting more clients always seems to be the name of the game and with the power of the Internet, many lawyers find that integrating RSS feeds into their blogs is yet another way of connecting with the public.

Recent surveys show more and more businesses are implementing or plan to implement RSS feeds as part of their lawyer marketing strategy. This is because syndication tools are becoming ubiquitous. This seems appropriate because of the utility of RSS feeds and how easy they are to use.

Ease of use. RSS feeds make it much easier for internet users to follow updates in multiple venues. This Meta tool saves time for the hungry information junky, allowing them to bypass what they have already seen and go right to the new. RSS (XML and Atom as well) add functionality to information by allowing users to access it not only by visiting the blog itself, but through feed readers, portals or email.

Ease of implementation. Many blogging platforms come prepackaged with RSS capability. For those that do not, there are free tools like Feed burner available that create RSS feeds in a matter of seconds. It is a simple process after that to integrate it into the blog with the use of ‘chick lets’ or button with the RSS feed logo on it.

Provoking interest. Although tools like RSS help syndicate information, they do little to bolster content. Content still reigns king and there is no replacement for good quality, interesting content. Content like stories that relate to cases, general guides, interesting factoids, or debunking common legal misconceptions help build a following.

RSS and other similar tools are modern-day word-of-mouth. Integrating feeds into a firm’s blog will definitely spread the word and may increase traffic. Getting the word out there definitely can’t hurt and with feeds being as simple as they are to implement, why not?

For more information on lawyer advertising, law firm marketing in Canada, you may want to check out lawyerahead.ca.


How to Get a Restraining Order

Posted by michaelm on April 6, 2009 at 7:59 am

Unfortunately, there may come a time where a person needs to get a restraining order. Even though Canada has restraining orders, restraining orders in the U.S. resemble the Canadian Peace Bond. Here is a brief synopsis of what restraining orders and peace bonds are and how you obtain them.

A restraining order is a court document signed by a judge requiring a person to not do certain things and abide by certain conditions. The purpose of a restraining order is to legally protect individuals who feel they have been abused, harassed, stalked or otherwise mistreated by another. In many situations, this may be the only recourse a person has to prevent the other party from interfering with his or her life.

There are three main types of restraining orders: Emergency protective, Temporary and Permanent. Emergency protective orders go into effect immediately. These usually last a week or so and are issued to give people who feel they are in immediate danger peace of mind before they file for a restraining order.

Temporary restraining orders are usually given after filing for a permanent order. These last a bit longer than emergency protective orders and are a means of protection before and during the hearing for a permanent order.

Restraining orders, (permanent restraining orders) are orders given after a hearing. These orders can be in effect for years and renewed or cancelled if necessary.

To obtain a restraining order, you must first file the required paperwork. This paperwork can vary on locality, but in essence, it requires your name, address, and contact information, the nature of the abuse or reason why this order is needed and information about the person you need ‘restrained’.

Once the paperwork is filed, the judge decides if a temporary order is needed and sets a hearing date. At this point, the victimized party needs to ‘serve’ the appropriate documents to the alleged abuser. This can be accomplished with the help of a friend or a courier service.

At the hearing with lawyer present, the victim has to prove that the person they need a restraining order against committed abusive or harassing acts and that they actually do need protection. If all goes well, the judge will grant an order and the victim will receive a copy. They should make other copies of this order and make sure one is with them at all times. This ensures that if the offending party ever breaks the restraining order, the victimized party has something to show the police to prove that there is in actual order and that legal recourse is needed. In any event, if the offending party encounters the victimized party, the police should be called posthaste.

The steps to procure a peace bond are similar. One must first testify before a judge or justice of the peace about what has happened to make you fearful. Afterwards, another hearing will be scheduled where the alleged abuser attends.

At this second hearing, you and the other party are both given a chance to state your case as to why or why not a peace bond is needed. Bonds tend to be granted by default if the defendant fails to attend. Otherwise, the judge will decide whether a peace bond is necessary.

The main difference between restraining orders and peace bonds is the length of time they last. Peace bonds are good up to a year whereas restraining orders are more open-ended. After a year, if the bond is still needed, the Applicant must file an application for a new peace bond.

Toronto Lawyers, Vancouver Lawyers, and Lawyers in your area can help you with getting a restraining order at lawyerahead.ca.

 


Should a lawyer be sentenced more for a crime compared to another citizen ?

Posted by Laura on March 11, 2009 at 5:47 pm

Should Simon Rosenfeld, a toronto lawyer, who was convicted of money laundering 4 years ago, face higher sentencing because he was a lawyer?

Simon Rosenfeld was charged with 2 counts of money laundering in 2005 and is serving a 3 year sentence in prison.  The decision was made in 2005 after the jury found him guilty in a 3 week trail period.  However, the Prosecution Service of Canada is seeking to increase that sentence to now 5 years.  They say that lawyers that violate the criminal code should be punished harsher than the next citizen facing the same charges.

Their argument goes as follows.  Lawyers unlike other citizens of this country are given special privileges by the Law as lawyers are entitled to special client-attorney relationship that come with practicing law as a profession.  Therefore those that violate these priveleges to commit crimes should face tougher sentencing compared to the next guy facing the same charges and the same circumstances.

This argument became especially of interests in the Rosenfeld case as he was caught on tape saying that it was 20 times more safer for a lawyer to launder money in Canada.  When the undercover RMCP officer, who posed as an associate of a Columbian Drug Cartel, further pressed Rosenfeld whether after giving him a 1 dollar USD bill that the client-attorney priveleges are now in place and now they can do ‘business’, Mr. Rosenfeld was observed saying ‘Yes’.


Email Archiving

Posted by michaelm on March 11, 2009 at 8:02 am

Information is an essential part of the law. Any communication made between plaintiff and defendant can flavor a case and make it “more real” to jurors if it ever does go to trial. Communiqué such as Email messages between parties provides an insight into what was “really” going on at the time and could be used to leverage a pre-trial settlement. For every transaction, correspondence and memo, a business keeps a copy, yet many still see email messages as disposable. Email messages are equally as important as these other documents and, if email is ever used for business purposes, archiving emails is the law.

The courts perceive the absence of email records as if a business is keeping secrets- no matter what the emails actually contained. The air of suspicion created when there isn’t a record may not be justified, but it is the way things are headed. Since 2006, all publicly traded companies are required under Sarbanes-Oxley to keep email and instant message correspondence records for three years, but what about the mom and pop’s out there? It’s in your interest to archive as well.

In the U.S., the Federal Rules of Civil Procedure or FRCP states that all businesses must keep records of their email and instant messaging communications. Although not all fifty states have adopted these regulatory updates, seventeen have and eighteen are considering it. Small businesses operating in these states may not be aware of this provision, but it does apply and failing to produce records during discovery can lead to hefty fines.

Like many new technologies, there’s a learning curve on how to utilize them with a business. The internet allows many startups to instantly go global whereas twenty years ago, this would be laughable. Many brick and mortar enterprises may “keep up with the Jones” with purchasing, but through actual hardboiled utilization of new technologies, they leave something to be desired. Still, most pride themselves on their adherence to the law, but as they say ignorance of the law is no excuse. With new technology comes new responsibilities and archiving email communications is one of them.

Post your case to a lawyer, lawyers, vancouver lawyers, toronto lawyers, ottawa lawyers, brampton lawyers and mississauga lawyers by visiting Lawyerahead.ca


Lawyers for Resolving Business Disputes

Posted by michaelm on March 9, 2009 at 5:22 pm

Small business can be quite lucrative. For some, this appeal outweighs the unavoidable problems which arise. For instance, when customers aren’t satisfied with merchandise or service, when products do not arrive on time or in a suitable condition, or when a business partner breaks a contract. Most of the time, these problems are manageable and tend to run their course without a lot of hoopla, but on occasion they do not and this may lead to lengthy business litigation. Sidestepping that, many companies choose to resolve their differences through arbitration and mediation. Even though business dispute resolution does not take place in a courtroom it is important to consult a lawyer prior and possibly retain them for the duration of the arbitration.

Attorneys specializing in business dispute law take the emotion out of a rather emotional situation. Consultations will bear new perspectives on what the actual circumstances are and on some realistic solutions for your dilemma. They help business owners focus more on outcomes than on the problems and wrongs surrounding the case, which tend to clutter their mind.

Because business dispute resolution is constantly in flux, it’s good to have someone on your side who has been there before. Although each case is unique and things that worked in one case may not work in another, having lawyers with extensive bargaining experience can prove fruitful. They may have a similar case which they’ve consulted on that turned out favorably and have a framework of how to arrive at these desired outcomes.

Another reason to (at minimum) consult with a lawyer is the other guy may have a lawyer too. Obviously you’re not on good grounds with this person so it’d be tough to get a bead on if they actually do or not, but why chance it? Having representation ensures at least a level playing field and hopefully an edge at the bargaining table.

Business owners should not consider a business dispute attorney as an expense, but rather as part of the package. Litigation is quite costly and agreeing to arbitration is already saving tons of money. An experienced lawyer actually saves time and money by allowing one to delegate his or her energies toward other pressing business matters.

The bottom line is that consulting and hiring a lawyer saves a business owner by helping to ensure a speedy arbitration without any speed bumps. At first you’d think arbitration would be a one-speed process, but addressing key aspects of the dispute instead of getting bogged down in the minutia will speed the process up immensely. This is why the next time a conflict needs resolution make sure to consult an attorney, because as business people know- time is money.

Present Your Business Dispute case to Toronto Lawyers, Vancouver Lawyers, Ottawa Lawyers, Mississauga Lawyers, and Brampton Lawyers.


Why Finding a Lawyer in the Yellow Pages is a Mistake

Posted by michaelm on February 27, 2009 at 9:39 am

Open the Yellow Pages and you’ll find page after page after page of legal advertisements. They are generally categorized by ’specialty’, but all of them seem to be specialists in multiple areas of the law. The sheer number of ads is astonishing.

“Well, here’s a nice advertisement. Big letters, toll-free phone number, a nice picture of a classy office and a distinguished gentleman.” Guess what? You’ve just figured out which law firm is good at advertising. You have, in effect, selected the best ad writer, not the best lawyer for your circumstances. And pages of ads, all offering the same ‘free consultation’ doesn’t help either.

You shouldn’t choose a lawyer like you would choose a plumber. Rather, finding a lawyer to take on your case is more like finding a doctor to treat your illness. You are going to develop a long-term relationship with your attorney – a relationship built on trust and communication. The Yellow Pages will not help you here. In fact, they can hurt you.

The advertisements will not tell you how much a lawyer charges. They will not tell you who pays the law firm if you lose your case. Did you know that you might be responsible for paying the attorney fees if your case doesn’t result in a collection? What about expenses related to investigating and pursuing your case? Who pays for those?

All of these questions and more can only be answered in person. You will need more than a phone call, you will need to interview a few lawyers to find one that you trust to handle your matter. Someone you can be confident in and a firm you can rely on.

Put the Yellow Pages away. Take some time to investigate both your type of case and local attorneys on lothe Internet. Lawyer Ahead is a great place to start as it carries the most comprehensive information on a lawyer and only publishes lawyers that meet its minimum publishing standards.  Set up an appointment (usually free) and ask some key questions:

  1. Does my case have merit?
  2. Who pays if I lose? How much of any judgment will go toward attorney fees and expenses if I win my suit?
  3. What is the expected outcome and how will your firm get me there?
  4. What is your track record with my type of case?
  5. Who else could you recommend in this area of law?

Remember, what you want is someone who can guide you through the legal minefield, someone with expertise and someone you trust who you can communicate well with. Leave the Yellow Pages for when you need lawn service or snow removal.

To get more information on Vancouver Lawyers, Toronto Lawyers, Ottawa Lawyers, Brampton Lawyers and Mississauga Lawyers, please visit www.lawyerahead.ca


Same-sex Adultery

Posted by michaelm on February 22, 2009 at 11:39 am

Since the beginning of marriage, there has been adultery. Statistics show first marriages have a 50% chance of ending in divorce and the possibility grows larger with each successive marriage. Divorces in Canada peaked in 1987 following the introduction of the Canadian Divorce Act, which shortened the length of separation required before divorce to a year and allows an immediate divorce when adultery or cruelty are admitted to or proven. Infidelity has ruined its fair share of marriages, yet the 21st century has brought new forms of adultery into the spotlight.

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As times change, so must the law. Same-sex marriages are on the rise and this will inevitably lead to more and more same-sex affairs. With progressive provinces like British Colombia and Ontario taking the lead on issues like child maintenance and spousal maintenance during same-sex divorces, it is only a matter of time before these rights are ubiquitous.

In 2005, the Supreme Court of British Colombia amended their definition of adultery to include same-sex adultery. This was in response to a wife’s request for immediate divorce from her husband who had cheated on her with another man. Up until then, immediate divorce for adultery would only be granted if one of the spouses admitted to having “voluntary sex with someone of the opposite gender, to whom he or she is not married.” Although the federal definition of adultery is unchanged, this decision most likely influenced the courts of New Brunswick.

In 2006, a New Brunswick court heard a similar case. Courts initially refused Pascal Thebeau’s divorce because the federal definition of adultery was limited to heterosexual affairs. After Thebeau challenged their ruling, the New Brunswick court chose to expand the definition to include same-sex affairs as adultery and granted his request for a divorce.

This appears to be the way courts are leaning. Although there have not been landmark cases in each and every province, the cases on the books show a tendency towards granting divorce, albeit after challenge, due to same-sex adultery. The official definition of what constitutes adultery has yet to be changed and there is a chance a judge may take it upon his or herself to refuse a divorce, because the “adulterer” cheated with someone of the same sex, but that seems less than likely at this point. What is odd to me is that gay marriage was legalized in part back in 2003 and it took three years for the issue of same-sex adultery to arise- originating from a conventional marriage no less. Perhaps when 2010 brings around the dreaded “seven-year itch” there will be further precedent set on a nationwide basis.

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Facebook Imposters: Privacy and Copy Right Issues

Posted by Laura on February 18, 2009 at 9:25 am

Facebook today is the largest social network with estimated 175 million active users. If you happen to be not familiar with this system it is easy to understand. You can register in Facebook and create a page with your personal data, like the places where you studied, personal interests, photos, etc., and people who know you will be able to find you in this system. And here we are coming to the first problem – who guarantees that my personal info won’t be available to third party companies. Let us take a closer look at controversies and lawsuits that surround this website and some of its clones.

 The most disputed problem is privacy. Of course no one leaves some real personal info on his social network account, but some main stuff like education, photo or address is required in this system. In the original rules Facebook has the rights to sell the information to third party companies, but the administration claimed that they never intended to do so. Another issue was connected with deleting pages, if you remove your page from Facebook, the data would still be stored on the companies servers. After numerous complains, on February 29, 2008 Facebook was modified and the people could finally erase their data when deleting pages.

Fake profiles is another problem, in any social networks you can create a fake profile of anyone, put some abusing info, and before the year 2008 it seemed to be impossible to track you down and bring you to justice. The historical case for the web happened on July 24, 2008 when the High Court in London ordered Grant Raphael to pay GBP £22,000 for breach of privacy and libel. Raphael posted a fake Facebook page of his former schoolfriend and business colleague, Mathew Firsht. The information on the fake page claimed that Firscht was homosexual and untrustworthy. Before that on February 5, 2008, Fouad Mourtada, a citizen of Morocco, was arrested for creating of a faked Facebook profile of Prince Moulay Rachid of Morocco, there is still no verdict on this case.

 Facebook was sued a few times for copying the idea from various websites, but if we look at this case more seriously, an idea of a social network with personal info is not unique, Facebook was just the most successful site from all the competitors.

 Despite the numerous copyright lawsuits a Facebook twin (even designed exactly the same as the original Facebook) called Vkontakte is openly operating in CIS. It is one of the most popular sites in Russia and Ukraine, it already has 27 million users and is quickly rising and right now it is the 24th website on Alexa overall traffic world-wide. The rumors in Russian blogosphere concerning this site are very curious, the most popular is that the website is controlled by Russian intelligence and used to gather information on people. A very post-communism version of the social network privacy issue. As for the Intellectual Property issues, there was also a rumor that Facebook will purchase Vkontakte and integrate its client database into Facebook. This will probably be a more efficient solution for this problem than facebook lawyers filling million dollar lawsuits, especially against Russia, where the laws connected with copyright and internet are almost absent.


The Hennick Centre

Posted by michaelm on February 17, 2009 at 8:59 am

Jay Hennick is fronting $3 million in partnership with Osgoode Hall Law School and the Schulich School of Business at York University to create the Hennick Centre of Business and Law.

Hennick, a lawyer who now runs FirstService Corporation, expects the Hennick Centre will benefit both private lawyers and law students by helping them understand the inner workings of the corporate world.

Most lawyers have little to no collegiate business knowledge. Although there are programs to get a law degree and a masters in business, the required courses to receive a law degree does not include a business curriculum. This systemic issue creates lawyers who lack good business judgment.

Ed Waitzer, the first director of the Hennick Centre, says the centre will “focus at the intersection of law, business and public policy.”

The board is comprised of many entrepreneurial ex-lawyers who are now successful in business. Some of the names on that list are James Farley, a lawyer for McCarthy Tetrault, Marianne Harris, the president of Merrill Lynch Canada, Sandra Levy, David Robottom, vice-president of law at Enbridge Inc., RioCan CEO Edward Sonshine, COO of Royal Bank Barbara Stymiest, Rob Wildeboer, and Martinrea International and lawyer Mark Young.

Hennick is passionate about this project saying, “I feel so strongly about this and the opportunity for lawyers to have a business education. I think that lawyers who do have a business education can be fantastic business leaders and bring so much more to the party than just being the traditional lawyer.”

Those seeking to start their own practice may benefit from the Hennick Centre as well. The certificate program offered by the centre will be 11-weeks long with 40 hours of instruction and seven labs. The program will cover managerial and financial accounting, risk management, and marketing and organizational behaviours, to name a few and will cost $7,500.

Although he has a law degree, which he utilized as a Fogler Rubinoff securities law partner, Hennick moved on to become the CEO of FirstService and a businessman. He began a pool service company while attending York and with FirstService, he has grown his business interests into a $2-billion enterprise.

 


The Anniversaries of Equality

Posted by Laura on February 16, 2009 at 2:13 pm

Right from the last week discrimination issues we will move to some more positive things. This spring will be full of anniversaries for one of Canada provinces – New Brunswick.

 

This spring will mark the 90th anniversary of women obtaining the right to vote in New Brunswick elections (April 17, 1919), and the 75th anniversary of women obtaining the right to be a candidate in New Brunswick elections (March 9, 1934). For those who are not familiar with the history of women’s’ right to vote in Canada we’ll take a short look back. The rights for widows and unmarried women were granted in municipal elections in Ontario in 1884 and later provided in all provinces, but it actually left all the married women without that right. The first province to adopt the right for all women to vote was Manitoba in 1916. Two years later Dominion (federal) parliament passed an act giving women the vote in federal elections. Quebec was the last province to adopt this act, it happened only in 1940. A big part of equal rights also came into force on April 17, 1985 with the Charter of Rights and Freedoms.

 

The battle for this charter started on Valentine’s Day 1981, when more than 1,300 Canadian women, almost spontaneously gathered for a conference in the Parliament buildings. This protest ensured that the Charter of Rights and Freedoms included the rights of women. This was a direct response to the cancellation of planned conference on women and the Constitution by the Trudeau government. The government busy with the Charter feared that additional equality demands would make the difficult process of writing the Charter even more difficult. In response the president of the Canadian Advisory Council on the Status of Women, Doris Anderson, resigned from her post and the women rights activists organized the Valentine’s Day conference. Before 1981 no Supreme Court of Canada judge had ever been a woman and the old Canadian Bill of Rights had not served women well. The new Charter was the opportunity to finally bring in some real equality in Canada, so the stand was really hard. The result itself was great, women really brought in some significant changes into the new Charter.

 

The Charter of Rights and Freedoms brought many important changes. For example “Unity of legal personality,” was abolished, it said that wife and husband were one (the husband) and the married woman could not enter into contracts nor sue or be sued. Married women had no right to custody of their children (though they often got them by default), and they were basically duty-bound to give the husband sexual and domestic services and he was protected against loss of his wife’s services. Of course the right to vote was important but these additional rights in family relation were a significant change.

 

While the set of new laws itself was presented in 1985, in real life the struggle for equality is still ongoing. And the battle for the end of discrimination and equality under the same law will definitely last some more decades.

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