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/ 

Employers can be fickle. Workers can be terminated for silly reasons while others (who rightly should be let go) keep their jobs forever. Wrongful dismissal is defined as “being fired from a job without an adequate reason or without any reason whatsoever.”

The difference between dismissal without cause (which can be appropriate) and wrongful dismissal is usually a notice of termination. The preceding notice must be given within the appropriate timeframe dependant on how long the employee has been with the company, contract stipulations, if the employer acted in bad faith and other factors, but if done correctly, is considered dismissal without cause and not wrongful dismissal. Situations may require the employer to terminate the employee based on poor performance, corporate restructuring or other reasons. Wrongful dismissal requires that the employer forewent giving notice within the appropriate timeframe or the reasons for dismissal were egregious.

Like dismissal without cause, employers may also have ‘just cause’ to dismiss an employee. In these circumstances, employers can prove that whatever infraction the employee committed was severe enough to justify immediate dismissal without or with limited notice. The definition of just cause is malleable and the courts use a variety of factors (seniority, severity, etc) when determining it.

A constructive dismissal is a subset of wrongful dismissal that does not involve an actual termination. In these cases, an employee is, in essence given an ultimatum between choosing something unsavory or quitting. Examples include a large decrease in pay or hours, change in job responsibilities and forced relocation. The employment contracts and specific circumstances surrounding the case play a large role in indicating as to whether or not an employee was constructively dismissed.

The easiest way to pursue a claim against an employer is to file an employment standards claim. These claims are capped at $10,000 but are less of a hassle than a civil suit. This option is more viable for those terminated from low-salary positions. Note that once a claim has been filed, civil action is out of the question.

For any amount over $10,000, an employee with his or her lawyer must bring a civil suit against their former employer. There is no cap on how much an employee can recover, but they must be able to prove that 1. They were wrongfully dismissed 2. They have made adequate steps towards getting a new job (mitigate damages). This does not mean a chemist must accept a position as a high school janitor while they await a hearing to mitigate damages. Employees have a right to refuse work they feel ‘is not in their own best interest’ or is not of the same caliber as their previous position, but they must actively look for new employment.

For more information on finding a lawyer, wrongful dismissal lawyers, Toronto Lawyers, Vancouver Lawyers or Lawyers particular to your area visit www.lawyerahead.ca

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.

Legal aid is a government-subsidized program to help those who need representation and cannot afford to retain a lawyer. Getting a certificate for Legal Aid requires people to meet certain criteria. Before one receives legal aid, they should first self assess and then speak with a legal aid representative to see if they qualify, determine if his or her case is one that legal aid covers, and be willing to commit to the process.

There are different types of legal aid. The legal aid staff will assess your needs based on your specific situation and determine if the case requires a lawyer or some advice from lawyers. In the case that you are not necessarily in need of finding lawyer, they may deem it appropriate for you to meet with one for advice on how to proceed with the case or general advice on what you should bring to court. For those who ultimately do not qualify for legal aid, advice may be obtained through the Advice Lawyer service.

People on social assistance programs more than likely qualify for legal aid, but it can also be possible to qualify if you have a job and aren’t necessarily destitute, so to speak. According to Legal Aid Ontario, “Legal aid staff will look at your personal financial circumstances to decide if you qualify. Every situation is different. It all depends on your family responsibilities and your monthly expenses.” What they are saying is you are not automatically disqualified for having a job or supporting yourself financially. They are more interested in if you can afford the added expense of a Canadian lawyer and, in the case that you cannot, will most likely qualify you for legal aid.

Legal aid is available for certain types of cases. Legal Aid Ontario’s FAQ lays out what types of cases qualify.

For criminal charges:

An offence which would likely result in jail (eg: assault, impaired driving causing bodily harm, robbery, welfare fraud, break and enter).

In family matters:

• To get custody of your children or to change custody
• To set up, increase or decrease child or spousal support payments
• To help you if your partner denies you access to your children
• To get access for you to see your children or to make a major change to access arrangements that have already been made
• To stop your partner from selling or destroying your property
• To negotiate ownership of things like RRSPs or pensions that could provide you with some income
• To get access for grandparents or other relatives to see a child

In immigration and refugee matters:

• Refugee hearings before the Immigration and Refugee Board
• Sponsorship and deportation appeals
• Detention reviews

For some civil cases and final appeals:

• Workers’ compensation appeal tribunal cases
• Social Benefits Tribunal matters
• Employment Insurance appeals
• Mental health hearings and appeals

For income, housing and employment issues:

• Ontario Rental Housing Tribunal matters
• Employment Insurance matters
• Social Benefits Tribunal matters
• Canada Pension Plan matters
• Human rights issues

The following are cases that do not qualify for legal aid:

• 
  Wrongful dismissal
• Change of name
• Personal bankruptcy
• Power of attorney
• Money you lent to others or money you owe to others
• Sponsorship of relatives
• Commercial litigation
• Libel, defamation and slander
• Real estate matters

If your case doesn’t seem to fit into any of those categories, it may be worth the time to meet with a representative anyway. They should be knowledgeable to other forms of recourse (pro bono lawyers in your area or counseling within your area).

Like every government program, legal aid requires a bit of effort on your part. They will give you a list of documents to bring to the appointment and in general with any government program, be patient. It may seem daunting at first or with whatever legal problems hanging over your head impossible, but the aid office in essence is there to help. For those who really need assistance the time invested working the system will be well worth it.

Many of Lawyerahead.ca Canadian Lawyers accept Legal Aid Certificates.  Find a lawyer through lawyerahead.ca either by directly contacting them through its Legal Directory or Post your case and lawyers interested in your case will contact you.

As times change traditions change, and in turn things like common law marriages become more prevalent.  The terms that define these unions however are still vague.  Canadian federal law refers to, and provisions for common law marriage, but defers to provincial law for definition.  So depending on which province a person resides in things can get a bit tricky.

Quebec has by far the largest number of common law or “defacto” marriages with nearly a third of all unions being common law. And at the same time the civil code of Quebec does not recognize common law marriages and grants no rights to these unions under the law.  It does, however, allow for civil unions and defines such unions with regard to property, assistance, and custody.

Ontario recognizes common law marriages of persons who have been living together for at least three years consecutively, and refers to these as cohabitation contracts under the Family Law Act.  These cohabitation contracts hold many of the same rights as standard marriage contracts.   The required three year period of time is malleable, especially in the case of common law couples with dependent children.

On the issue of same sex unions, the Supreme Court case of M. V H. held that the term “man and woman” not be used in the definition of the term spouse, as it conflicted with the Canadian Charter of Rights and Freedoms. As a result, all provinces recognize same sex unions in the same regard to law as opposite sex unions.

So in short, depending upon where you live, you may be in a common law marriage and not even know it. Of course, there is no one outside your window logging the amount of time that you and your partner have spent living together or that you do actually consummate your relationship, but it’s fun to think about.

Find Lawyer by visiting lawyerahead.ca for the most comprenhensive information on lawyer.  Simple as step 1, 2, 3 to find your canadian lawyer.

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Grand jury is a type of jury that determines whether there is enough evidence for a trial in common law. Usually the grand juries carry out this duty ether by examining evidence presented by a prosecutor and issuing indictments or by investigating alleged crimes and issuing presentments. A grand jury is usually larger than the petite jury used during a trial. The size of grand jury depends on the jurisdiction and varies between twelve and twenty-three.

If a grand jury is working at the case the jurors are summoned to serve for a certain period of time, the period sometimes lasts many months, but usually the jurors need to attend the sessions only a few days a month. As for indictment the jurors do not have to agree unanimously to issue an indictment, but usually the law of the state requires a vote of two-thirds or three-quarters of the jurors to indict. In most cases the prosecutors work very close with the grand jury. They use the grand jury’s broad investigative power to compel witnesses to appear and answer questions or submit documents, records, and other evidence. The evidence is then examined by the jury and prosecutors and they decide if there is enough evidence to issue an indictment against one or more persons. All the procedures of the grand jury are secret and in most states it is considered a crime to reveal information about these proceedings. No media, public and the investigated person are allowed to be present at the hearings. The goal of grand jury is to encourage the witnesses to speak freely without fear of possible consequences (like threats). In most states if people are called to testify before grand jury, they are not allowed to have their lawyers with them in the grand jury room. The grand jury makes its findings without hearing both sides of the case, so that’s why the lawyers don’t play any role in these proceedings. Of course in any other circumstances defend can have a lawyer present during his or her trial.  The judge is also not present at these hearings, so the only side present during the work of grand jury is the prosecutor.

Today grand juries exist only in some of the states in the U.S. This type of jury was used for a very long time in countries with the common law system. Still England abandoned grand juries in 1933 and replaced it with a committal procedure. All the Australian states use the same scheme, except for the State of Victoria that maintains provisions for a grand jury in the Crimes Act 1958. Grand juries in this state are used to bring other persons to court seeking them to be committed for trial on indictable offenses. New Zealand abolished the grand jury in 1961. In Canada these juries were abolished in 1970s. In most countries including Canada the grand juries are replaced by preliminary hearings.  Unlike the grand jury scenario, a Canadian lawyer for the defendant can be present during the preliminary hearing. Preliminary hearing is a stage when the judge hears evidence concerning the alleged offenses and decides if the prosecutor can proceed or the arrested person must be set free.  It is very important to find a lawyer to consult with you shall you be charged with criminal offense.  Please use lawyerahead.ca free service to search for and find lawyers.  Consequences of getting a criminal record can be devastating to anyone’s future and some even dip into their savings to avoid a bad outcome and hire the right canadian lawyers.

Grand Jury Protest in Utah

Counterfeit product can be defined as imitation of a real product that violates the production monopoly held by either a state or corporation. Counterfeit also describes the forgeries of currency and documents, and imitations of things like clothing, software, pharmaceuticals, watches, electronics, and even company logos and brands. Counterfeit can be divided into three types: counterfeiting of money, counterfeiting of documents and counterfeiting of consumer goods.

Counterfeiting of money

The counterfeiting of money is when a person or a company is producing currency without a legal sanction of the state or government. It is the most serious violation of all the three types. While this type of fraud is often used in popular culture, it actually has the worst effect on real life. Counterfeit money usually leads to more global problems like reduction of the value of real money, increase of prices due to increase of the money supply, decreasing of acceptability of the money and also forces companies to increase prices, because they are usually not reimbursed for receiving fake money . That’s why governments view this violation as a very serious threat for the economic stability of the country and for a long time the counterfeiters were punished by death.  If you are facing a similar situation consult a lawyer and see if they can help you. Lawyerahead.ca has the most comprehensive information on a lawyer, visit the site and call few lawyers and talk to them about your problem, see how best they can help you with their experience. 

conterfeit

Counterfeiting of documents

The counterfeiting of documents is often called forgery. It is a process of making, adapting, or imitating objects, statistics, or documents, with the intent to deceive a company or a person. It is related to fraud, the crime of deceiving other using objects obtained through forgery. The documents obtained in the result of forgery are called false documents. The forgery of false documents can have various goals from faking the taxes to spreading false information about someone. The punishment also varies depending on the type of case.  Take action on this too if you are in a similar situation.  Having a criminal background can be devestating for your future and best to talk to lawyer and see if he or she has the experience to help you.

Counterfeiting of consumer goods

Today globalization has a big influence on the counterfeit manufacturing. The exact numbers of counterfeiting consumer goods can’t even be calculated. Very often the fake products are produced on the same factory with the original ones, without informing the patent holder. The counterfeiting of consumer goods is in some cases is a very dangerous type of producing fake goods. The most dangerous in this case are food and medical products. If these products are manufactured without license and any production standards can lead to health problems and even deaths. In some cases food products even contain a mix of cheaper ingredients instead of the proper ingredients. Also if electronics or machinery is produced by not corresponding to the production and safety norms, it can lead to accidents.

Apart from the legal means of punishing the manufacturers who produce the counterfeit goods, the manufacturers of the original products also change the production schemes for distributing parts of the product to various factories. It makes cloning of the products that much more harder, but it is also more risky because if one of the factories fails to deliver the ordered parts, the whole batch will be incomplete and the production process will be stopped. Also lots of manufacturers of expensive goods protect their good with additional serial numbers or holograms.  It is always safe to find a lawyer and to consult them if you are ever in a situation as such.

Main thing to remember and to do isin a car accident insurance claim is to contact a lawyer as soon as possible.  Lawyerahead.ca is the best way to find your lawyer in Canada including car accident lawyers.  A car accident lawyer will help you handle the situation based on his professional experience and will be able to, speaking generally, negotiate a better settlement for you.  A car accident lawyer will define define the type of damages, chances of winning the case and lay out the entire strategy for maximizing results.  A list of other important dos and don’ts will follow.

1. Gather evidence right on the spot.  Take pictures (you can even use your cellphone) of the car and the place of the accdient, write data and any information you can gather related to the accident, and get the names of the witnesses involved.
2. Contact you insurance company as soon as possible, preferably immediately after the accident or as soon as you get home
3. Go over your insurance plan.  Review the “Coverage” and “Exclusion” on your insurance coverage before having the conversation with your insurance company representative.  During the conversation, ensure you document and take notes of the conversations and the details
4. In your conversation with the insurers, try to be honest as possible.  and present all the possible evidence you had gathered so that the insurers are able to get an accurate reading of the incident.
5. Check all your papers and documents for any additional insurance you may be eligible for.  Many times other policies like home insurance policies, “Umbrella policies”, and credit card policies may have additional coverage for you and will help recover your claim.
6. Keep receipts on all your expenses related to your claim especially medical bills.  Having record of these will ensure you get the maximum possible claims
7. Important: Do remember that the insurance company will try to minimize your payout.  Which makes sense as less money they shell out to you, more losses on their books.  Having a lawyer assist you is ideal.
8. Use Lawyerahead.ca to find a lawyer

The Don’ts of the Car Accident Insurance claims:

1. Don’t assume any responsibility or make any statements at the scene of accident.  Anything you say can be held against you.
2. Don’t sign anything before you fully understand the details.  Again, lawyer will be able to advice you depending on the seriousness of your accident
3. Don’t be afraid to refuse signing any documents if you consider them incorrect or could put you in liability
4. Don’t accept any “final payment” if you are not ready to do so or you feel is under compensated
5. Don’t loose time, you have a year after the accident to begin legal action, be sure to start it as soon as possible to maximize results and use fresh evidence
6. Don’t make any rash decisions, consult a lawyer first.

And as a side note, remember your insurance company must pay for the compensation as covered in your insurance policy.  Don’t let them get away with tactics to reduce this amount.  Don’t be afraid to enforce them either and stand for what is yours!

BMG Music Entertainment v. Tenenbaum

Not only is the RIAA fighting file sharing online, they are now appealing Massachusetts Judge Nancy Gertner’s ruling to allow a live webcast of a federal court proceeding.

In their filing, RIAA claims that this “undermines basic principles of fairness.” Judge Gertner granted Courtroom View Network permission to stream video coverage of Sony BMG Music Entertainment v. Tenenbaum live over the internet. Cameras and other recording devices are largely banned from federal hearings because of the belief that it would impair a defendant’s right to a fair trial. In this case, it is the defendant and the lawyer asking for the coverage.

Harvard law professor and council for the defendant, Charles Nesson stated,”[This case would be] an opportunity for the world to see what the recording industry is doing to him.” In filed documents he went on to argue, “Public access to judicial proceedings, including specifically access by the press, advances the public interest ‘publicity’ is the most powerful check on misconduct or abuse.”

It would be interesting to see what will happen if the appellate court affirms Gertner’s ruling. If anything, to see what exactly the RIAA is ‘doing to him’. For full coverage of the case, go here. To listen to the oral arguments go here. Distributing this mp3 on a P2P network is solely up to your own discretion.  To find a lawyer for yourself look for Toronto Lawyers and Vancouver Lawyers or a lawyer in your own city.   The best way to do this is through lawyerahead.ca