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.

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.

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

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

The loss of a job can be one the most stressful experiences you can face. Many people are finding themselves downsized, working jobs below their market value, or simply fed up with job searching. In the existing buyer’s market, it is vital for the employed or recently dismissed to stand up for their own rights when their employer attempts to exploit their power. Minding these concerns, one should retain a lawyer if they have been mistreated. Although times are stressful, disenfranchised workers should have their ducks in a row before meeting with a Canadian lawyer to discuss their case.

Soma Ray Ellis - Canadian Employment Lawyer

What happened? This is an important question to ask yourself before speaking with a lawyer, mainly because they will be asking you exactly that during your consultation. A sea of non-sequiturs clouds the fundamentals of your case and can make consultations run longer than needed. Focus on the factors that led up to your dismissal (if they are known) and what you did in response to the employer’s actions. Did you question the process? What surrounding determinants did they reference in making their decision? Are they factual?

Evidence. It is prudent to bring every scrap of written evidence or recordings with you to your consultation. Canadian lawyers have an eye for what they need to build a winning case and may find something beneficial in what was said or written that you have overlooked. These pieces of information add context to your claims as well. Saying “they humiliated me in front of other coworkers” is one thing, having an audio recording of what they said to humiliate you is another. Any memos, emails or other forms of communication that apply to the case should be brought to. Collecting these may be tedious, but it will speed up the process and flesh out your claim.

Timing. Do not wait around to find a lawyer if you feel you have a legitimate claim- talk to one as soon as possible. Some aspects of employment law are time sensitive. In general, it is a good idea to proceed immediately, because it is fresh in the mind and all the parties involved on the employer’s side (managers, vice presidents, etc) are most likely still with the company. This will make the lawyer’s job a lot easier if they need to subpoena members of the company’s chain of command.

Even if a dismissal has not happened yet, but feels imminent, consulting an attorney may be wise. They may offer you ideas on what to do or say to better your chances of a successful claim when you are dismissed (or hopefully keep you from losing your job).

Also visit www.lawyerahead.ca for comprehensive legal information on employment law, employment lawyers, lawyers toronto, lawyers vancouver and local lawyers.

Every year, millions of Americans fill out their tax forms. One of the options is to make a dollar campaign contribution. Where does that dollar go? Bumper stickers or flyers? Buttons? Pizza parties for campaign volunteers? How about snappy little skirts from Neiman Marcus?

Yes, that’s right. Citizens for Responsibility and Ethics in Washington filed a complaint against Sarah Palin, governor of Alaska and the 2008 republican candidate for vice president, for misusing campaign contributions. Palin racked up large bills at high-end retail outlets, snatching up thousands of dollars worth of clothing and clothing accessories for herself and her children. After everything was said and done, Ms. Pailn managed to squint out of a $150,000 shopping bill.

So some lesser-known government watchdog commission caught the snafu and made her replenish the funds and fraud charges are pending and and… No. The lesser-known government watchdog commission in question, the Federal Election Commission threw out the complaint on the grounds of… they can throw it out?

Congress formed the FEC in 1975 by passing the Federal Elections Campaign Act. Its purpose is to enforce the limitations and prohibitions on the use of campaign funds by enforcing federal campaign finance laws. Their self-described duties are to “disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of Presidential elections.” To help ensure fairness, no more than three of the six member committee can be of one political party. Currently there are three democrats and three republicans on the committee.

So shouldn’t clothing fall under some limitation of what can be purchased with campaign funds? Yes and no. The FEC in all their wisdom ruled that the ban against using campaign funds for personal expenses doesn’t apply to party money. This after the Republican National Committee told the FEC that they paid for her clothes, not donors. Now that’s compassionate conservatism.

The mainstream selling point of why this case is important is “well she said she’s a soccer mom but soccer moms don’t spend $75,000 at Neiman Marcus” when really it should be “How can tax payer dollars go to feed a watchdog that doesn’t watch?” The FEC is taxpayer funded. They have been around for thirty plus years and to date it’s difficult to justify why they exist at all. If something like the Palin controversy doesn’t rub their noses wrong enough to do something, then what will?

For information on canadian lawyer, toronto lawyer, vancouver lawyer and lawyers in your local areas, visit www.lawyerahead.ca for the most comprehensive information on a Canadian Lawyer.

As the saying goes, “Location, location, location!” This is one of the many obstacles small businesses face. Choosing to rent or lease instead of buying a building can save a business money, but a poorly constructed lease agreement (from the renter’s point of view) may end up costing the tenant a lot down the road.

An article on enterprisecanada.com offers ten questions to ask before signing a lease. Here are the questions:

1. How Long Will the Lease Run?

2. How Much Is the Rent?

3. How Much Will the Rent Go Up?

4. Can You Sub-lease?

5. Can You Renew?

6. What Happens if your Landlord Goes Broke?

7. Who’s Responsible for Insurance?

8. What Building Services Do You Get?

9. Who Else Can Move In?

10. Who Pays for Improvements?

11.  How Much Space Are You Really Renting?

Although there are actually eleven questions presented in the article, it is a good general guide to learn the basics about different types of lease structures and what one is in for when they choose to lease. Under each question is a brief summary and description as an answer. To read it in its entirety go here.

Another resource for those looking to rent commercially is mondaq.com’s article, “Issues That Arise When A Default Either Has Or Is About To Occur Under The Lease.” They go into a bit more detail of what different circumstances call for from both the tenant and landlord point of view. It is not light reading. On the other hand, it’s chock full of great information and nuggets like, “The landlord should be proactive if there are any indications that suggest the tenant’s business is not performing well, including anything mentioned in casual conversation.” Meaning as a tenant, you may want to be tightlipped about the status of your business during any conversation with your landlord… or else!

Like residential leasing, commercial leases disputes arise and end up in the courtroom. If under such circumstances, find a lawyer.  Lawyerahead.ca is the best free way to find a Canadian Lawyer.  As in the case of Goldberg and Sigourney who are in court over unpaid utilities, rent and an eviction (and oil smells). You can read about this case here, but it illustrates the possible quagmires of commercial renting.

Bottom line, one should definitely retain a lawyer familiar with real estate law before signing any rental agreement.

For more information on Vancouver Lawyer, Toronto Lawyer or lawyers in your city, visit www.lawyerahead.ca.

Continuing on with the cigarette related articles posted some time ago, we will tell you about one more Act that exists and is valid in Canada - the Tobacco Damages and Health Care Costs Recovery Act.

Canada is not only one of the leading countries in prohibition of the smoking advertising, but is also a huge advocate  of the second part of the tobacco problem - the health of the Canadian citizens. They are protected by the Tobacco Damages and Health Care Costs Recovery Act, which allows the government and lawyer to sue tobacco companies for breach of duty to recover costs on the health care system for people suffering from tobacco related illnesses. This act was found constitutionally valid in the Supreme Court of Canada decision on the British Columbia v. Imperial Tobacco Canada Ltd. case in 2005. This historic case had its first turning point on June 5, 2003 when the Supreme Court of British Columbia found that the Tobacco Damages and Health Care Costs Recovery Act violates the territorial limits of provincial law and was unconstitutional. The decision was overturned in May 2004 be the Court Of Appeal, on the basis that the pith and substance, ie. the dominant characteristic, of the canadian law fell under the property and civil rights provision of the Constitution Act, 1867. Imperial Tobacco continued the struggle and on June 22, 2004 the company appealed to Supreme Court of Canada. They were supported by four other tobacco companies and the Canadian Tobacco Manufacturers’ Council. The Supreme Court of Canada agreed to hear the case.

The Supreme Court reviewed three main issues:

   1. Is the Act ultra vires the province by reason of extraterritoriality?

   2. Is the Act constitutionally invalid as being inconsistent with judicial independence?

   3. Is the Act constitutionally invalid for violating the rule of law?

The answer for all the three was negative and on September 29, 2005, the Supreme Court of Canada upheld the decision of the Court of Appeal. The Tobacco companies clamed that the Act was retrospective and retroactive and violated the rule of law by creating an unfair trial. They also felt that legislation should neither target a particular sector nor confer special privileges on the government. The Constitution protects the rule of law and so it does not require that Act ensures a fair civil trial or avoids giving the government advantages. The Supreme Court found this conception amorphous and claimed that accepting it would render several more narrowly formulated provisions of the Charter redundant. The Court dismissed the suggestion that a shift in burden to the accused or the unconventional rules of procedure and evidence created by the Act will have any effect on Judicial independence. The Head of Supreme Court found that pith and substance of the Act was within the authority of the province under section 92(13) of the Constitution Act, 1867. The subject of the Act, compensation for health costs, and the effect, suing companies who harmed those in the province, must be under the regulation of the provincial law.  So find a lawyer for you if you require compensation for health costs.

Lawyerahead.ca has the most comprehensive information on a canadian lawyer.  Browse Lawyers or Post Case.

Law offices vary in size from single lawyer firms to large, multinational entities. To understand how an office is typically setup the surrounding climates must be taken into consideration. Smaller firms tend to be more specialized to a certain branch of law. Larger firms with huge stores of experienced attorneys are able to take on a broader variety of cases, knowing that someone amongst their ranks can handle the case.

Specialization. The firm’s ability to handle different types of cases can grow as the firm expands. In a small firm with a handful of lawyers, they focus on one or two specific types of law like family, bankruptcy or negligence and build a clientele in these areas. Branching out to litigate other sorts of cases lessens the quality of service at this level so being specific ensures a good reputation.

Partnership. Partnerships tend to range from two lawyers to a few dozen. In this structure, partners work together to determine fees, strategies, advertising, and hiring practices the firm should pursue. As a firm grows, the tendency grows for more specialization within the firm or a more “corporate” framework. Having someone specifically for certain tasks or establishing a hierarchy of partners avoids the “too many cooks spoil the broth” scenario.

Expansion of the firm is not always the desired path either. Some partnerships may prefer to remain small. Partners may feel that a less strenuous workweek is more beneficial than a more lucrative caseload (hopefully, these two are not mutually exclusive). They may want their firm to emit an air of friendliness that a $4 million office building could not deliver.

Economic downturns force firms to reevaluate the way they do business. Firms deeply rooted in old ways of doing business are transitioning to systems that reward performance over seniority. There is a push to setup “rainy day” funds in firms to avoid losing their hat during a recession. Mitch Kowalski discusses this in “Law firm structures - a blast from the past”. In response to the fluctuating revenue streams firms face and the catastrophic implications this bodes during an economic slowdown, Kowalski contends, “the businesses that are able to weather this current recession and actually thrive in it, are those that have huge hoards of cash that they diligently put away each year.”

Lawyerahead.ca is easily the best place for a canadian lawyer to be recognized by clients and colleagues alike around the world.  

As we age the things that affect our lives change and for the elderly, there are whole practices based on protecting them against abuse and exploitation and helping them plan their remaining years. This practice is elder law and assists seniors in avoiding the pitfalls of being elderly.

One of the concerns applicable to the elderly in particular is abuse or mistreatment. A disturbing amount of mistreatment occurs, albeit in long-term care facilities or from trusted family members. It can come in a variety of forms from psychological and physical to financial and sexual or rights violations and neglect. These abuses tend to originate from someone the senior trusts or depends on like staff members at a care giving facility or family which makes the crime all that more devious in nature. In response to such actions, people across Ontario formed Elder Abuse Networks in an attempt to put an end to these practices. To read more about elder abuse read here and visit the Advocacy Centre for the Elderly’s website. Both explain the abuse issues thoroughly, offer telltale signs of abuse and guidelines for what actions to take.  Also visit www.lawyerahead.ca to find lawyer that practice elder law.  Many lawyers offer 30 minute free consultation. consult a canadian lawyer and find out how she or he will be able to help.

A less dramatic portion of elder law concerns estate planning. Perhaps a need has arisen from an unexpected decade of additional life that requires a will be modified. Long-term care facilities are costly and will revision may be necessary to maintain homeostasis. Consulting a lawyer with your estate needs can prove fruitful. They may recommend a senior have his or her capacity checked and verified at the time of modification, which will pay off later during probate.

Another issue that comes into play as we age is the ability to drive. Although it is a privilege, many associate holding a license and driving with their sense of independence. According to The Law Commission of Ontario, “Ontario’s Senior Driver Renewal Program requires drivers aged 80 years and over to take part every two years in a group education session and to complete vision and knowledge tests. Based on individual assessment, some drivers may also be asked to take a road test to have their in-car skills assessed. Some have suggested that older drivers should be required to take a regular road test, while others have argued that age by itself is not an appropriate indicator or driving skills, and that either all drivers should be regularly re-tested, or that re-testing should be based on specific functional indicators.” Many feel this program is unfair and targets seniors while others think it’s not enough or the age should be lowered from 80 to 70 or lower.

These are only three of the categories addressed under the umbrella of elder law. Other issues pertaining to seniors include advance directives, assisted living facilities and retirement homes (planning, financing, etc), assisted suicide, pension plan, and others. A good place to read more about Elder law is at Canadian Elder Law and for more in-depth explanations on rights or courses of actions consult an experienced lawyer.