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

 

Deciding to become a landlord is a big commitment and can be very lucrative if certain steps are taken. In 2007, the Residential Tenancies Act (RTA) replaced the Tenant Protection Act and any rental agreements that conflict with the relatively new law are now invalid. Here are a few things to consider when becoming a landlord or for landlords unfamiliar with the Residential Tenancies Act.

Increasing the rent. As far as the starting price for a rental home or apartment, landlords have free reign over what to set the price at. This is an important consideration for those new to the landlord/tenant world and one should consider all the ‘hidden’ costs of a property as to not lose money. Mainly because after a unit is rented, the landlord cannot raise rent for 12 months and even then they are limited to raising it 2.6 percent. This lowers the amount a landlord is allowed to raise rents under the Tenant Protection Act and was added to benefit tenants. There is a way around to raise it more than this limit, but the proprietor must ask the Landlord and Tenant Board (LTB) for permission. Tenants must also be notified 90 days before a rent increase.

Eviction disputes. In the case of a tenant who refuses to pay rent based on certain grounds of misconduct, they are allowed to make their case to the LTB in their own defense. Defenses could range from a landlord who constantly violates tenant privacy rights by not notifying tenants a day in advance of their visit or storm in unannounced when it is not an emergency to cases where a reported problem (broken water heater, leaky roof, etc) was never remedied by the landlord. Under the RTA, all eviction applications are scheduled for a hearing or mediation without a tenant actually filing a written complaint.

Although the Advocacy Centre for Tenants Ontario (ACTO) admits the automatic hearings is an improvement upon the older system of written dispute applications, they think there is a lot of room for abuse and the RTA still favors landlords to a large extent. Whether this is true or not is a matter of opinion. The 24-hour notice prior to landlord inspection appeared ample to me. The argument that the decontrol of rent on vacant units is unfair for tenants seems spurious, because if the rent is set too high initially, wouldn’t tenants simply not rent from them?

It would be a good idea to talk it over with a lawyer specializing in Real Estate Law and fully understands the ins and outs of the RTA and its differences before drawing up rental agreements. The law itself is, very… involved and a great place to start you off is the Landlord and Tenant Board website. To find a lawyer for these types of needs, lawyerahead.ca has proven to work well and is excellent at connecting clients with the right lawyer. This entity was created by the RTA and now governs all disputes, applications and the like.

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

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

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

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

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

The controversy over California’s proposition 8 is long from over. The proposition, which modifies the state constitution to only recognize heterosexual marriage, was voted in last November and has since been heralded with much criticism. The debate now is whether or not proposition 8 is an amendment or a revision.

Proponents of 8 claim it is an amendment which carries with a voter majority. If Justices find it as such, proposition 8 would most likely be adopted and marriage would then be more rigidly defined as between a man and a woman. Those opposed say it is a revision because it alters the guarantee of equal protection. Revisions require a two thirds majority vote from the State Legislature or a Statewide Constitutional Convention.

Everyone seems to be chiming in with their take on whether or not proposition 8 is an amendment. Websites like noonprop8.com and protectmarriage.com go into great detail about how they’re ‘right’. At times, noonprop8 uses colorful terms like “bigotry” and “second-class status” while its counterpart, protectmarriage.com thrusts an obnoxious cartoon representation of the “straight couple with gay neighbors” choosing to vote Yes on proposition 8… because as it stands now, they have the same rights anyway so why call it “marriage”.

The cartoon goes on to counterman it’s argument, mentioning how a catholic adoption agency pulled out of Massachusetts two years after gay marriage was legalized there (adoption isn’t one of those rights they already have?).

Author of the lurid Clinton sex novel and lawyer for protectmarriage.com, Kenneth Starr jumped in the mix offering his much contended opinion on what prop 8 applies to. According to Starr, the provision not only applies to future same-sex marriages, it applies retroactively to all same-sex couples who have gotten married the past few years. Some eighteen thousand of them.

Justice Ronald George and Justice Joyce Kennard former lawyers and attorneys both challenged this contention. Questioning in part if voters saw the law as retroactive, considering there are no clauses laid out in the measure deeming it so.

Although Canada has had laws legalizing same-sex unions on the books for quite some time, the United States has yet to address the issue properly. The California Supreme Court has 90 days to decide what proposition 8 truly is. The case is unique in that it’s the first instance where rights may be taken away with an amendment. Although it’s a state issue, the California Supreme Court’s ruling and reasoning has gravitas and may greatly affect future decisions in other states regarding the issue.

One of the initial appeals the internet had to offer was anonymity. Users went online, browsed around from page to page with a sense of freedom. As time went by, the internet grew and so did liability concerns as in the now infamous case of the MySpace user who committed suicide- in part, because of online bullying. Internet crimes have increased and gotten lawmakers attention. If everyone online is anonymous, how do you hold someone accountable? Then again, what cyber rights do we have?

Recently, the Superior Court of Ontario ruled it legal for police to ascertain users’ identities without a search warrant by way of their ip addresses. Users have “no reasonable expectation of privacy” according to Justice Lynne Leitch. She went on to conclude that, “One’s name and address or the name and address of your spouse are not biographical information one expects would be kept private from the state.”

On its face, this makes sense. Allowing police to acquire basic information about a suspect through their ip address is much like them obtaining the same information from a street address.

York Law Professor James Stribopoulos questions the Crown’s intent in the matter. “It is not just your name [police are seeking], it is your whole Internet surfing history. Up until now, there was privacy. An IP address is not your name, it is a 10-digit number. A lot more people would be apprehensive if they knew their name was being left everywhere they went.”

This too makes sense. People use the internet for a variety of things, some of which are under the pretense of anonymity. Using the metaphor of a street address again, imagine if the clerk at the grocery store you frequent kept a log of your street address and name. Imagine if the bar you went to on occasion kept a log. Or that ONE time you went to a strip club… eish.

The case causing all the ruckus is, you guessed it, related to children. The defendant in the case is charged with possession and distribution of child pornography. Eish again. Exploiting children is a detestable crime, but then again, when you say “child porn”, people immediately default to emotional thinking and the pitchforks come out.

The internet has irrevocably changed the landscape of how the world works. In some ways, it’s brought us closer together and in other ways, pushed us farther apart. Liability is a definite factor at play here, but so are our rights. Subduing child pornography rings is one thing, but should we all have to pay for it? Right now, it’s “just a name” as Leitch puts it, but is it or is it something more. The case is ongoing and it will be interesting to see how it all plays out.  Sooner or later, we’ll know if this ruling is “just a precedent” or one of those good intentions that paves the road to hell.

 

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The United States and the rest of the world are in the midst of one of their worst economic periods ever. In America, unemployment rates along with house foreclosures are skyrocketing while large banks are crumbling. Numerous people are counting on the $900 billion economic stimulus package in congress right now, but some are less than thrilled about some of the provisions in the bill that they feel may have dire repercussions.

A version of the stimulus package made it through the house with a requirement that infrastructure projects use American-made iron and steel. They say the provision’s intention is to hedge against China and some of its unfair advantages in the steel industry, yet this would clearly affect other countries dramatically.

The United Steelworkers and others are not thrilled about this condition- aptly named the “Buy American” provision. The union, which represents both American and Canadian steelworkers, is calling for an exemption for Canada. In a letter written to the congressional steel caucus, Leo Gerard, the president of the union, wrote, “Because we are an international union, and because Canadian and U.S. manufacturing is so integrated, we encourage you and other members of the steel caucus to approach your counterparts in Canada to discuss a coordinated approach.”

President Obama is not too thrilled about the “Buy American” provision either, expressing his cooperative spirit towards the union and voicing his fear of repercussions by remarking, “I think we need to make sure that any provisions that are in there are not going to trigger a trade war.”

Many democrats are adamantly opposed to removing the “Buy American” provision, some going as far as to say that not only would they not vote for the bill if it was removed, but they would convince others to vote against it as well.

A study done by the Alliance for American Manufacturing, of which the United Steelworkers union is a member, stated that “Buying American” would create 77,000 new jobs. In contrast, a new study by the Peterson Institute estimates the plan creates only 1,000 new jobs.

In the global economic crisis, other countries are waiting to see how America handles the details of this bill. If congress chooses an isolationist approach, other countries may do the same. This has the possibility of being harsh and ending up costing the U.S. more jobs than it creates.

As of now, it appears the dissenting voices are more for political show than law. On the surface, “Buying American” sounds patriotic. In reality, it will lead to a disturbing corollary.

In a time where the U.S. government has an opportunity to better its relationships with foreign countries, modifying or rejecting provisions like this is a no-brainer. Canada has always been a strong trading partner with America and keeping it that way will benefit both countries tremendously. Obama has the right idea and we can only hope that senators will not waste too much time hemming and hawing while America and the rest of the world sink deeper in the quicksand.

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Deciding to file a negligence claim and hiring a personal injury lawyer is a difficult decision and to make it easier it is important to understand how the law looks at personal injury claims. The three parts of any negligence claim are: negligence, damage done by the negligence, and a casual connection between the negligence and the damage.

Negligence is not meeting the standard of care. For example, Susan was walking from her car to the grocery store. The sidewalk had iced over and she slipped and fell. The grocery store did not salt the sidewalk after it had iced over. This is not meeting the standard of care to its shoppers and negligence.
Damages are more loosely defined than negligence. Mental distress over the loss of pet has been used as an example of damages done. Physical injury, mental distress, or wide varieties of other factors that impede you from continuing with your life tend to be considered damages. In Susan’s case, after falling it was difficult for her to stand so she called in to her bartending job and they fired her.
The casual connection between the injury and the negligence is the last factor. This means that the negligence lead to the injury. In the slip and fall example, Susan called in to work because of her injured ankle. If her employer fired her because of this one-time call-in, the damages from losing her job have a casual connection to the negligence. Likewise, if Susan has performed poorly at her job for quite some time, making up excuses to miss work and leaving early, there is no casual connection between her slip and fall and the loss of her job, because it was going to happen anyway.

Once you understand the basic elements of a personal injury case, consult with a lawyer right away. Lawyers can explain the merits of your case and if your damages are “real” or frivolous and what you stand to gain from the lawsuit. If you feel you were injured due to negligence it is very important to proceed immediately. This will eliminate any potential for your case to be thrown out due to any time constrictions and ensure the events are fresh in your mind and the minds of any witnesses.

There are two common tenancy agreements found in Canada: month-to-month or fixed term (lease). In month-to-month tenancies, the tenant can end the tenancy with one full calendar month’s notice whereas a lease locks them in for the full period set out in the paperwork. Many tenants like month-to-month agreements because of the rent increase protection, and because it is tough for a landlord to move out a tenant who doesn’t want to go. Many landlords like a lease because it gives them the security of steady income for a specified period of time, which can assist in obtaining a mortgage. Some landlords also like a fixed term agreement because they can get rid of an unwanted or troublesome tenant when the period ends, as against having to fight in arbitration and even pay the tenant compensation in some circumstances.

The tenant and the landlord both have legal rights. There are laws that protect a tenant from sudden rent increases or being forced to leave the rented accommodation. Discrimination on the basis of color, creed, sex, age or disability is not allowed by the Canadian Charter of Rights and Freedoms. Provincial landlord and tenant laws also protect against such discrimination. However, the tenant also has responsibilities. It is important to keep the house or apartment one is renting in the same condition as the tenant found it. The provincial Landlord and Tenant Regulations govern the relationship between landlord and tenant.

A rental agreement can be written, verbal or implied. Since the rental agreement is the most important part of a landlord and tenant relationship, it should be in writing. The advantage of a written agreement is that it outlines the terms and conditions agreed to by both parties. Once the landlord and tenant agree to the terms and conditions of their contract, it cannot be changed unless both parties agree.

Areas to look out for include:

Duration of agreement: Most rental periods or leases last for 12 months, during which time the landlord cannot increase the rent. It is also important to note the notice periods that either tenant or the landlord has to give in order to terminate the agreement.

Responsibility for household bills: Some utility services will be included in the rent (e.g. water), while in other cases the tenant might be responsible for paying (e.g. gas, electricity).

Forfeiture: If the tenant is deemed to be in breach of the agreement, he can be evicted from the rented accommodation.

Deposit: In most rental agreements in Canada, the landlord will ask for the first and last month’s rent to be paid in advance. This is actually done to collect the deposit that is used to cover any damages which may be caused, along with any outstanding debts that the tenant may owe at the end of tenancy. In some provinces, it is illegal for a landlord to ask for a security deposit or a damage deposit, and that the laws concerning the rental of an apartment can be different from province to province.

Pets: There is nothing in the Rental of Residential Property Act that prevents a landlord from refusing to rent to someone who has a pet. If the agreement has an additional term stating that the tenant cannot have a pet, the landlord may serve the tenant with a Notice of Termination for that reason.

Increase of rent if a new tenant moves in: A landlord cannot increase the rent just because a new tenant moves in. The Rental of Residential Property Act outlines the procedures a landlord must follow to increase the rent.

To find a real estate lawyer, or lawyers that are experienced in Real Estate Law, post your legal questions at Lawyer Ahead and have a lawyer contact you directly with their legal advice.

Canada’s system of government and its legal regime are quite similar to those in the United States. In Canada various regulatory matters will have to be taken into account while starting a business.

Business Structure

The business structure can be a sole proprietorship, partnership, incorporation or a not for profit organization. For setting any of these business structures the rules and regulation of the state where the business will be set up has to be understood and followed by the business.

From a legal point of view, there are three common types of businesses: sole proprietorship, partnership and corporation. Each has different and important implications for liability, taxation and succession which have been specified below:

Advantages and Disadvantages of Proprietorship

This is the simplest way to set up a business. A sole proprietor is fully responsible for all debts and obligations related to his or her business. A creditor with a claim against a sole proprietor would normally have a right against all of his or her assets, whether business or personal. This is known as unlimited liability.

In a proprietorship, one person performs all the functions required for the successful operation of the business. The proprietor secures the capital, establishes and operates the business, assumes all risks, accepts all profits and losses, and pays all taxes. The proprietor is said to be self-employed.

Advantages

• Low start-up costs

• Greatest freedom from regulation

• Owner in direct control of decision making

• Minimal working capital required

• Tax advantages to owner

• All profits to owner

Disadvantages

Unlimited liability
Lack of continuity in business organization in absence of owner

Difficulty in raising capital

Advantages and Disadvantages of Partnership

A partnership is an agreement in which two or more persons combine their resources in a business with a view to making a profit. In order to establish the terms of the partnership and to protect partners in the event of a disagreement or dissolution of a partnership, a partnership agreement should be drawn up. Standard form partnership agreements can also be purchased for about $5.00 at stationary stores. Partners share in the profits according to the terms of the agreement.

In a General Partnership, two or more owners share the management of a business, and each is personally liable for all the debts and obligations of the business. This means that each partner is responsible for, and must assume the consequences of, the actions of the other partner(s).

A second type of partnership is a Limited Partnership which involves limited partners who combine only capital. They are not involved in managing the business and cannot be liable for more than the amount of capital they have contributed. This is known as limited liability.

A limited partnership also involves general partners, who are involved in management. They are fully liable for the debts and obligations of the business, but may be entitled to a greater share of the profits.

Advantages

• Ease of formation

• Low start-up costs

• Additional sources of investment capital

• Possible tax advantages

• Limited regulation

• Broader management base

Disadvantages

• Unlimited liability

• Divided authority

• Difficulty in raising additional capital

• Hard to find suitable partners

• Possible development of conflict between partners

• Partners can legally bind each other without prior approval

• Lack of continuity

Advantages and Disadvantages of Incorporating

A corporation, also known as a Limited Company, is a legal entity which is separate and distinct from its members (shareholders). Each shareholder has limited liability. A creditor with a claim against the assets of the company would normally have no rights against its shareholders, although in certain circumstances shareholders may be held liable. This type of business can be incorporated at either the federal or provincial level.
Ownership interests in a corporation are usually easily changed. Shares may be transferred without affecting the corporations existence or continued operation.

The following characteristics distinguish it from a partnership or proprietorship:

Limited liability - normally no member can be held personally liable for the debts, obligations or acts of the corporation beyond the amount of share capital the members has subscribed; and

Perpetual succession - because the corporation is a separate legal entity, its existence does not depend on the continued membership of any of its members.

Advantages

• Limited liability

• Possible tax advantage (if you qualify for a small business tax

rate)

• Specialized management

• Ownership is transferable

• Continuous existence

• Separate legal entity

• Easier to raise capital

Disadvantages

• Closely regulated

• Most expensive form to organize

• Charter restrictions

• Extensive record keeping necessary

• Double taxation of dividends

• Shareholders may be held legally responsible in certain

circumstances

• Personal guarantees undermine limited liability advantage

The following legal aspects should be taken care of by all types of business entities:

Employment law

The contract of employment is important in individual employment relationship in Canada. An employer that wishes to define with certainty the terms of employment should enter into written contracts of employment with its employees. In Canada, employments laws relating to unionized workplaces are differentiated from those relating to particular individuals.

Antitrust Law

The Canadian equivalent of the American Anti-trust Legislation is the Competition Act. The Act grants broad power to the Competition Tribunal to prevent an unfair abuse of power by a competitor in a dominant position.

Environmental Protection

Environmental protection is the joint responsibility of Federal and Provincial levels of government. Federal Legislation regulates the import/export manufacturing use in Canada of prescribed substances as well as prescribing obligations in the event of unlawful discharge of toxic substances into the environment. The Act imposes penal sanctions together with a substantial fine if the environmental regulations are not followed.

Patent, Copyright and Privacy Regulation

The Patent Act in Canada grants monopoly to the holder of the exclusive right to manufacture, sell or use an invention in Canada for 20 years from the date of application. In Canada, copyright arises automatically upon creation of a work. Copyright affords the owner the sole right to reproduce or publish the work or any substantial part. Regarding privacy regulations, the Personal Information Protection on Electronic Documents Act passed substantially tracks the provisions of the European Unions data protection directive.

To find a lawyer, especially a business lawyer at Lawyer Ahead, post your case and have a lawyer or lawyers experienced in Business law contact you.

Law is a term that refers to the set of regulations established by the sovereign government in order to maintain law and order, provide security to the citizens, and establish some kind of social order so that the people of the country can live in peace and harmony. Different countries have different sets of laws enshrined in their constitutions. The term lawyer means a person who is entitled as well as licensed to practice law. His main job is to protect the legal interests of the citizens and to fight for their legal rights.

In Toronto, Canada you have some of the finest lawyers who practice in almost all the domains concerning law. They can provide you with expert legal opinions related to any matter. Whether it is the case of an accident or an injury, Toronto lawyers can assist you in claiming damages from the person or the organization responsible for the injury. If the case is that of a divorce then the Toronto lawyer who is much experienced and efficient in the divorce laws would help you in getting divorce as amicably as possible. The Toronto lawyer would assist you throughout the proceedings and make sure that you get the best that you deserve.

The Toronto lawyers are among the best and the mot competent lawyers in the world. They understand their domain of work and with all their expertise and experience give their best to their clients. Lawyers in Toronto wholeheartedly empathize with their clients and try their level best to make sure that their client gets the best in terms of justice and their legal rights are well protected.