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

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/

A trust is a device used to store assets and divvy them out under certain rules. Trusts contain any asset type a trustor (the person forming the trust, also referred to as grantor) chooses to put in it. Many trusts are setup with loved ones in mind, providing for them after the trustor passes on. Other trusts have charities as beneficiaries. Some have a mixture of both. Living and irrevocable trusts are two of the more common types and although they differ, the general principles for creating them are about the same.

Assets. Before creating a trust, it is important to know what the trust should contain. The trustor needs to make a list of what assets she owns and parse through to decide what the trust will eventually contain. Trust assets are under the control of the trustee or administrator of the trust so it is vital for a grantor to add only assets that they have no problem relinquishing control over. Even though a trustor can appoint herself trustee, it is important to choose wisely.

Professional help. There are sites that allow trustors to download the necessary documents needed to create a trust, but it would be a good idea to seek professional help. Even at the stage of listing his assets, a trustor may not have the experience or foresight that an estate lawyers do, which may come back to haunt him. A well-trained professional will know what to keep in and out of a trust, out of consideration for possible future events.

Trustee. Like the executor of an estate, trustees are in charge of administrating the assets and acting as an agent of the trust. This may include making sure beneficiaries receive monthly checks or the granting of scholarships to applicants- whatever the intent of the trust may be. One can appoint herself as trustee or in the case of a testamentary trust anyone (or any group) they so choose. After appointing a trustee, a successor should also be appointed in case the trustee dies or becomes unable to perform their duties.

Beneficiaries. Beneficiaries of the trust are heirs or those who benefit from trust assets. These heirs can be whomever the trustor chooses, albeit a charitable organization, business, friends or family members. Beneficiaries should be named specifically along with what they will receive.

Trusts yield many benefits, tax or otherwise. Setting one up may seem daunting, but it isn’t. With the assistance of an experienced lawyer and thoughtful decision-making on the part of the trustor, creating a trust is a relatively easy process.

For more information on Trusts, Canadian Lawyers, Find Lawyer, Toronto Lawyers and Vancouver Lawyers, and Estate Lawyers visit http://www.lawyerahead.ca/

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

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

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

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

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

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

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

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

Business Owners and Employers can visit Lawyerahead.ca and find the the most comprehensive information on Canadian Lawyers including Toronto Lawyers and Vancouver Lawyers.

One of the appeals of franchising is the added security provided by the law of large numbers. Meaning that in the case a few branches begin to struggle, the ‘body’ of the business will survive. With many proven successes, franchisors grow to enormous size and with it their purchasing power and brand recognition. This, however, does not make the franchisor impervious to crippling class action lawsuits or other actions that can lead to bankruptcy.

Looking at previous cases where franchisors filed for bankruptcy protection provides a glimpse of what franchisees may face. Recently, Bennigans filed for chapter 7 bankruptcy, ceasing all operations and liquefying its assets. What followed was the closing of all corporate-owned stores and a pool of franchisees with bewildered looks on their face. Franchisees took to advertising that yes, they were still open despite their franchisor’s bankruptcy. Fortunately for them suppliers upheld their side of contracts and continued to provide stores with much needed supplies.

Another consideration is that although a franchisor cannot pay their bills it does not mean the business itself is not profitable. Continuing with Bennigans, following their bankruptcy, they were snapped up by Atalaya Capital Management. Helped by CRG Partners, well renowned turnaround experts, Atalaya set up a framework to deal with whatever issues the remaining Bennigans franchises faced. Being that Atalaya was a senior lender to S&A Restaurant Corp (bankruptcy-filing owners of Bennigans) and used their position to vote for liquidation, the whole ordeal is a bit murky. More on the Bennigans story.

The principle one can take away from this though is that more than naught, some other, more financially sound company will take over. This held true during 2007-08 when many faltering banks were acquired by others. Bluemaumau.org provides a list of various franchisor bankruptcies and a brief synopsis of what occurred afterwards. Notable names on the list are Boston Market, 7-11, Denny’s, Sizzler and Days Inn.

As you can see when franchisors go bankrupt, it does not necessarily mean it is the end of the road. Many times a bloated conglomerate is forced to realize they must restructure to survive and use bankruptcy as a tool to streamline or update their models. Other times, franchisees have taken over the reins to successfully reinvent themselves and remain competitive. The period immediately following a filing may create panic or confusion, but long-term, bankruptcy does not eviscerate a franchisees ability to survive.

For information on Toronto Lawyers, Vancouver Lawyers, and Canadian Lawyers, visit http://www.lawyerahead.ca/. Canada’s #1 most comprehensive online profiles of lawyers.

A resident of New York and his lawyer filed a claim against Match.com for deceptive marketing practices. Seann McGinn is seeking damages for the pain caused by the responses he did not get.

So how does this make sense? McGinn argues that since Match.com allows users to create profiles for free, chock full of enticing pictures and descriptions of things such as hobbies or favorite foods, but does not allow these frugal users to contact or reply to any paying users communications, that many people are feeling the heartache of rejection when they really shouldn’t be.

According to Reuters, the suit states, “”Because the writer has no way of knowing this, he or she may experience profound personal anguish, suffering which is easily preventable by Match.”

The case has a flavoring of dismissability to it, yet it is kind of a novel idea. Do internet-dating sites have a duty of care to provide clients with profile indicators? A simple addition to their already robust websites seems a trifle bit less than too much to ask for. For instance, those users who have yet to pay their dues could have tiny Yield signs next to their profile pictures, whereas paying members would have a smiley emote next to theirs. This would clear up any confusion and gratuitous rejection (I assume members get enough already). It would be nice to know if debbie47 was blowing you off or simply too fiscally reserved to purchase the monthly membership.

Many have experienced the cold shower that is rejection. To dismiss Mr. McGinn’s claims outright would not do him and many others justice. After doing a bit of research by getting my own Match.com account, it is obvious that one thing they are good at is refining searches. What harm would one more checkbox filter pose? Side note: perhaps another filter for user ids would be appropriate. After selecting that I was interested in meeting women 60-100, Match.com still allowed the id ‘seniorabuser’ to be created.

Lawyerahead.ca on the other hand does an excellent job matching you with a lawyer.  For more information on Toronto lawyers, Vancouver Lawyers, or any other Canadian Lawyers visit http://www.lawyerahead.ca/