Employment equity is an anti-discrimination policy in Canada that requires or encourages preferential treatment in employment practices for certain designated groups (the ones who are often discriminated): women, people with disabilities, aboriginal people, and visible minorities. While being a defense for these groups it goes beyond and also requires that these specific groups be targeted for proactive treatment. The whole process of establishing employment equity began in 1984 by the Abella Commission, chaired by Judge Rosalie Abella. She considered the US term, affirmative action, but decided to reject that term because of the emotions and ill will surrounding affirmative action. It was replaced with employment equity term for Canada. The report filled by Judge Abella later became the foundation of the Employment Equity Act of 1986, which was later amended as the Employment Equity Act of 1995. 

The Employment Equity Act designates four groups that have benefit of employment equity:

- Women;

- People with disabilities;

- Aboriginal people;

- Visible minorities;

In case of visible minorities and using the definition of the Canadian government, it covers: Blacks, Chinese, Filipinos, Japanese, Koreans, Latin Americans, Pacific Islanders, South Asians, and West Asians/Arabs. As for aboriginal people, this category covers Status Indians, Non-status Indians, Métis (people of mixed French-Aboriginal ancestry in western Canada), and Inuit (the Aboriginal people of the Arctic). Both of these categories use the controversial term “non-white” for defining the minorities. It is used in employment equity questionnaires distributed to applicants and employees. While it was intended to be a shorthand phrase it ended up as very confusing term, since people from some groups (like Arabs or Latin Americans) may consider themselves to be white which leads to mistakes in questionnaires. The Act is a federal legislation and so it covers only the industries that are federally regulated under the Canadian constitution.   These are banks, broadcasters, telecommunication companies, railroads, airlines, maritime transportation companies, other transportation companies if inter-provincial in nature, uranium-related organizations, federal crown corporations (companies where the federal government owns the majority of shares), and corporations controlled by two or more provincial governments. Unfortunately a big percentage of employers like all retailers and manufacturing companies, fall outside its jurisdiction.

The Federal Contractors’ Program (FCP), it is not a part of the Employment Equity Act, but it helps to extends employment equity to organizations beyond the scope of the Act. It states that suppliers of goods and services to the federal government (with some specified exceptions) must have an employment equity program in place.

While the act was definitely created with good intentions it is widely considered controversial. The opponents of employment equity argue that it violates the equality in general. But the critics argue that such actions are necessary to amend historic wrongs and to minimize economic differences between groups.

For more information on Canadian lawyers, Employment Labour Lawyers or lawyers in yoru area, you can visit http://www.lawyerahead.ca

The Goods and Services Tax (GST) is a multi-level value-added tax which was introduced in Canada on January 1, 1991. Canada belongs to 120 countries that impose a consumption tax or “value added tax” on goods and services. GST in Canada replaced a hidden 13.5% Manufacturers’ Sales Tax (MST), while its introduction was controversial the government stated that GST was implemented because the MST hurt the manufacturing sector’s ability to export.

The history of the GST began in 1989, when the Progressive Conservative government of Prime Minister Brian Mulroney proposed to create a national sales tax of 9%. At that time, all the provinces in Canada except for Alberta had its own provincial sales tax.

The main purpose of the GST was to replace the 13.5% Manufacturers’ Sales Tax and Federal Telecommunications Tax of 11%. The federal government was expecting that the removal of the tax will aid Canadian manufacturers in their international competitiveness.

The tax became a controversy right from the beginning. While it was definitely helpful for the manufacturers and was promoted as revenue-neutral in relation to the MST, the opposition stated that the tax would make life more costly for Canadians. After a short stand, Mulroney used a little-known constitutional provision to increase the number of senators by eight temporarily, thus giving the Progressive Conservatives a majority in the upper chamber. The Opposition launched a filibuster and further delayed the legislation. The tax was lowered to 7% and Government defended the tax as a replacement for a tax unseen by consumers because it was placed on manufacturers. Eventually it came into force on January 1, 1991. In 2006 the Conservative Party of Canada reduced the tax by 1% (to 6%) on July 1, 2006 as part of an election promise. On January 1, 2008 they lowered it to 5%, bringing it to its current state.

The GST law is covered by the Excise Tax Act and all the Canadian Revenue Agency (Canada Customs and Revenue Agency before 2003). As of January 2009, the tax is 5% and applies to most goods and services, except for: used residential housing; most health, medical and dental services; day care; music lessons; and certain goods and services provided by non-profit organizations, governments, and other public service bodies. There are also a number of Zero Rated goods and services like: basic groceries, prescription drugs, exports, and any property or service that is for the use of the Governor General. New Brunswick, Nova Scotia and Newfoundland and Labrador, have a combined tax of 13% which is composed of 8% provincial portion and the 5% GST. The aboriginal people in Canada are exempt from payment. Like in many countries with the GST, visitors for up to 60 days can apply to have their tax refunded. When they are leaving the country they can fill out a form at a Canadian airport or some duty free stores at border crossings. After that the visitor sent in original receipts with a stamp by Canadian Customs. Cheques are mailed to the visitor within a few weeks.

To find tax lawyers, business lawyers and lawyers in Canada, please visit http://www.lawyerahead.ca/

In Canada drunk driving or driving under the influence (DUI) is an act of operating or having care or control of a motor vehicle while under the influence of alcohol and/or drugs to the degree one’s mental and motor skills are impaired.  It is not only illegal in Canada, but is a criminal offence that is heavily punishable under the canadian laws.  DUI offences are very different from other driving and moving violations such as Careless Driving, Red Light Offences, Amber Light Offences, Expired License, Seat Belt, Speed Racing, Driving Under Suspension and so on.   While the Traffic and Moving violations rules are regulated by provincial legislation, DUI is a federal legislation that applies across Canada.  The Criminal Code of Canada has 2 distint sections that decribe the offences that directly address drinking and driving.  Note that a driver can be charged with both these officences at the same time.  See this case for example:  Impaired Driving Charges for both Section 253(1)a and 253(1)b.

Section 253(1)(a) makes it illegal to operate a motor vehicle or vessel or operate or assist in the operation of an aircraft or railway equipment, or to have care or control of a motor vehicle, vessel, aircraft, or railway equipment, while that person’s ability to operate is impaired by the alcohol, drugs, or a combination of the two (vessel is defined to include “a machine designed to derive support in the atmosphere primarily from reactions against the earth’s surface of air expelled from the machine“).

Section 253(1)(b) makes it illegal to operate a motor vehicle or vessel or operate or assist in the operation of an aircraft or railway equipment, or to have care or control of a motor vehicle, vessel, aircraft, or railway equipement, while that person’s blood alcohol concentration (BAC) is in excess of 0.08 percent (representing 80 milligrams of alcohol in 100 millilitres of blood).

The conviction for drinking and driving will result in a criminal record (which will have serious influence on current and future employment along with travelling abroad).  If you are faced with a dui charge, a good lawyer will be able to help.  Lawyerahead.ca is the best free way to find a lawyer in Canada .   A person charged with DUI will most likely lose his license for a period of time also.  The rules and terms on license suspension and the return of driving priveleges depend on the case and on the provincial legislation.  In some cases the driver can even be sentenced to a jail term, even when no one was injuried.  Even after the return of the driving statuses, one can still expect to a numerous measures enforced measures enforced including the Interlock Ignition Device.  Interlock Ignition Device is a special device that blocks the vehicle until the driver provides a breath sample into it.  If the device registers the presence of any alcohol on the prospective driver`s breath, the car will not be started.  Needless to say that this device is expensive, cumbersome and even embarrassing.  It may seem that the measures against DUI are too strict, but once you take a look at the number of casualties and accidents that are caused by drunk drivers, it may put it into perspective for you. 

For more information on lawyers, toronto lawyers, vancouver lawyers and canadian lawyers, visit http://www.lawyerahead.ca/ 

Word of mouth is a strong determinant in selecting a lawyer for some.  Like family physicians, a friend mentions the name of their much beloved doctor of 14 years and soon that doctor has a new set of patients.  In a sense, this applies to law, but more often than not, someone else’s attorney may not be the best representation for you.  Finding a suitable attorney is a process of understanding exactly what your legal needs are, seeking out an attorney who practices in these areas, and grilling them during a consultation to determine if they are your best choice.

            What do you need an attorney for anyway?  The law has many facets with different court systems set up to handle different types of cases.  A lawyer could plausibly have a footing in all forms of the law from contract to family, but it is highly doubtful that this sort of lawyer will have years of experience with each.  It is important before you go shopping for an attorney to isolate what kind of case you will be involved in.  Is this an effort to change the visitation arrangements with your children in Vancouver?  Vancouver Lawyers specializing in family law is best.  Do you need representation for a DUI charge in Toronto?  Toronto Lawyers specializing in criminal defense should handle this.  Once you have established your case type, it is time to go looking.

            There are many different ways to find lawyers.  Thanks to the Internet, you do not even have to leave your home.  Attorneys advertise their services on various websites like lawyerahead.ca and it has gotten to the point where it is a buyer’s market.  For any case type, there are quite a few qualified attorneys willing to handle it.  It boils down to a few resumes that stand out.  After you have a short list of lawyers worthy enough to represent you in court, set up consultations and see how they are in person.

            Consultations are two-way interviews.  The lawyer is determining whether they will take your case and you are deciding if they are good picks.  Solid experience is one thing, but nothing compares to sitting down face-to-face and seeing how a person handles themselves.  Are they congenial?  Do they seem preoccupied and disinterested in your case?  Having a list of thoughtful questions going in to a consultation will make the appointment more fruitful.  One should make a point to bring up the exciting topic of how much representation will cost, who exactly will be handling the case (will it be delegated), expected outcomes, and the timeframe from beginning to end.  If you are happy with their answers, you still have the choice to shop around.  Maybe the lawyer down the street will have similar experience expertise and mannerisms but charge $200 less.  Who knows?  Scheduling a handful of consultations ahead of time lets you flesh out your options a bit better and choose more wisely.

            After all that rigmarole, it is time to break out the checkbook and make a decision.  After all the vetting, the choice will sit well and the case will go smoothly.  The true test of course takes place in the courtroom and perhaps after favorable results, you might one day happily recommend your attorney to a friend.

Here are a list of recent cases on Lawyerahead.ca requiring legal representation from lawyers:

1. Writing a will
2. Speeding Ticket
3.  Work Place Accidents
4. Business Tax Arrears (business Income Tax)
5. Serious Motor Cycle Accident
6. Dog Bite
7. Possession of Marijuana
8. Spousal Support Review
9. Parternship Dissolves and Disputes
10. Impaired Driving / Drunk Driving
11. Common Law Separation
12. Sexual Harrassment
13. Common Law Prenuptual Agreements
14. Real Estate Litigations
15. Expired Reseller Agreements - Commercial Litigation
16. Adoptions
17. Private Adoption
18. Slip and Fall
19. Possession of a Controlled Substance
20. Search Warrants

Severance pay amounts vary depending on the length of employment before separation, contract stipulations, and on salary. The age and seniority of the terminated employee are definite factors as well when determining how much severance is owed. Being that the ultimate goal of termination pay and severance is to provide an employee time to find a different job, age plays a large role because it becomes more difficult the older you get.

Age and length of service increase the severance amount. In the case of a 59 yr old rabbi who was let go after 26 years of service, the court decided that even though his employer gave notice 9 months prior to termination, it was inadequate and required them to pay the rabbi the remainder of 30 months of severance. Because the rabbi never “intended to be employed for a limited term” and considered an indefinite term employee, he was eligible to receive severance pay. Contrasting this, another case found that a 29 year old store manager with five years of service was eligible for 5 months of severance pay, even though the circumstances surrounding his termination were… much less favorable than that of the rabbis (The store manager was falsely accused of sexual harassment).

According to Rizzo & Rizzo Shoes Ltd. (Re), employees are eligible for severance pay if the business they worked for goes bankrupt. Stating that, “former employees are entitled to make claims for termination pay (including vacation pay due thereon) and severance pay as unsecured creditors.” In this case, Rizzo Shoes went bankrupt suddenly and many employees were ‘economically dislocated’ because of it. Qualifying them as unsecured creditors allowed employees to pursue severance claims against Rizzo.

Eligibility aside, the amount of severance varies on a case-by-case basis. Consideration is given to the length of employment, age and chances of the terminated employee to procure new work, and the circumstances surrounding the dismissal. Judicial discretion plays a role as well.

Lawyer experienced with employment law will have a good idea of what severance pay you are entitled to.

Recent employment cases for lawyers:  seniority employment case, wrongful dismissal after 10 yrs of employment, wrongful dismissal human rights tribunal, illegal employment termination.

For more information on employment labour lawyers in Toronto, employment labour law firms in toronto, 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/

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This ruling reverses the 2004 San Francisco Superior Court ruling in the case of Miller v. Bank of America where Judge Boulaine found in favor of Miller. She ordered Bank of America to pay damages of over a billion dollars to the over 1.1 million social security beneficiaries involved in the class action suit.

The events leading to the initial case in San Francisco and the state appeal happened over ten years ago. Bank of America (BOA) accidentally credited Mr. Miller’s bank account with $1,800. After realizing their error, they withdrew the amount, leaving Miller’s account in the red. They created a new account for his Social Security deposits (Miller is mentally disabled by the way) and then froze that account, using those funds to bring the original account up to zero- all without notifying the accountholder, Miller.

The original victory for the social security benefactors hinged on a 1974 decision by the California Supreme Court that forbid banks from deducting fees from government benefit accounts in order to recoup funds for separate, credit-card accounts.

In reference to the state court’s decision, spokesperson for Bank of America, Shirley Norton stated, “[BOA] has always acted lawfully in maintaining and balancing its customer accounts.”

Justice Carlos R. Moreno wrote,” Bank of America’s practice of recouping overdrafts and charging insufficient funds fees is permissible in light of the Legislature’s unequivocal statement … that overdrafts and bank charges are not debts,” this foregoes the restrictions laid out in the 1974 ruling.

For more information on Lawyers, Canadian Lawyers, Business Law Firms and Legal Services, Commercial Lawyers, visit http://www.lawyerahead.ca

Instead of straight release, many jurisdictions choose to release a prisoner on parole. In Ontario, any offender with a sentence of two years or less is under the authority of the Ontario Board of Parole (OBP). According to statistics on the OBP’s site, “over a two-year period after release, paroled offenders are far less likely to commit new offences than offenders who are released after serving their sentence in custody.” So apparently, paroling prisoners rather than releasing them after their time is served cuts down on future offenses. This could be because parolees are monitored as they adjust to life outside of prison, which can be a difficult task. So how does parole work?

Much like in the United States, parole works by keeping in touch with parolees through meetings and counseling (if necessary) for a set amount of time. In Ontario, the timeframe ranges from 3 to 16 months, with an average of 7 months. During this period, parolees have regularly scheduled meetings with their parole officers to discuss how they are doing, address any problems they are having, or bring up any issues that need attention. These might include out-of-province family emergencies, licensing issues (helping parolees get their license for work/school), job searches and the like. In some cases, parole officers may want parolees to take drug tests as a way of monitoring their activities and making sure they remain on a path to recovery.

The transition from convict to citizen can be a difficult process and it is the goal of a parole officer to help parolees during this period. Helping them find work, living arrangements, or financing for school all fall into this category. The process actually begins in prison with programs that “promote law-abiding lifestyles” for those soon to be conditionally released.

The Correctional Service of Canada (CSC) states that, “the law requires the release of offenders who have served two thirds of their sentence, but only if they are not considered dangerous.” Offenders can be released after a “thorough assessment” of what threats they pose to society. If the CSC deems a prisoner worthy, they are conditionally released.

Parole/conditional release affords offenders an opportunity to cut down on their punishment and help them get back on their feet. Although the conditions and limitations imposed by parole could, at times, seem arduous, one must agree that parole is still better than being locked up.

For more information on lawyers visit www.lawyerahead.ca

Recent criminal cases that may require parole: Fraud, Drug Possession,  Drunk Driving, Assault

Breach of contract happens quite often. Two or more parties enter into a good faith arrangement and during their relationship, one or more decide(s) for whatever non-legally valid reason not to hold up their end of the bargain. A few types of breaches are minor, material, fundamental and anticipatory.

Minor breaches occur when an inconsequential portion of a contract is broken. If a minor breach occurs, parties affected may still be bound to perform as they agreed according to the contract, but may be entitled to damages inflicted by the breach. An example of a minor breach would be a landscaper and homeowner entering into a contract where the homeowner wants top-of-the-line sprinklers installed. The landscaper ignores the request and installs second-tier sprinklers, which work just about as good and have the same 10-year warranty as the other system. After discovering this, the homeowner sues the landscaper to recover the difference in cost between the two systems. The breach is non-material because, in essence, the two products are the same (made from the same materials, same warranty, same performance), but still a breach occurred, because the contract stipulated the use of a specific brand.

A material breach refers to cases where one party acts in such a way that might require the other party to incur costs in an effort to rectify the situation. Using the same example as before, instead of installing the almost identical system, the contractor installs rusty, used sprinkler lines under the guise that they are top-of-the-line sprinklers. The system does not perform at all like it should and all the grass dies. Appalled by this, the homeowner takes the contractor to court for the costs associated with having the junk system removed, new sod planted and a suitable sprinkler system installed.

The above example borders on a fundamental breach of contract. Fundamental breaches are so serious, they allow victimized parties to not only sue for damages incurred, but to escape from performance. Using the same example, if the curious homeowner observed the landscaper shoving rusty old pipes into the lawn, he may consider it a fundamental breach, refuse to pay and sue for damages.

Another form of breach is an anticipatory breach. This happens when it is inevitable that a party cannot perform as they have promised, even though the nonperformance has not yet occurred. The homeowner’s bad day just got worse when he finds out that the landscaper he hired partied too hard last weekend and is in jail awaiting a bail hearing. Even though the job was set to start on Wednesday, the homeowner can safely assume the landscaper will not be able to hold up his end of the contract and may consider it a breach. The homeowner can terminate the contract and may consider taking the wayward contractor to court. Another example of anticipatory repudiation or breach occurs when the homeowner contracts with one landscaper to install the sprinkler system within a month. After two weeks of not hearing from the contractor, he pays his neighbor to install a system. Two days later, the landscaper shows up with all his supplies and workers only to find a system already installed. The landscaper may be able to sue the homeowner for breaching the contract because the homeowner made it impossible for him (the landscaper) to perform.

Find Lawyer by visiting www.lawyerahead.ca for your everyday legal matters.

Recent Breach of Contract cases in Canada:  Cargo Insurance Contract Breach,  Breach of Contract Liquor Licenses,  and Real Estate Contract Dispute