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.

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/ 

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

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

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

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

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

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

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

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

For more information on employment labour lawyers in Toronto, employment labour law firms in toronto, visit http://www.lawyerahead.ca    

Functionality of social media and connectivity are growing on the Internet. Many businesses are creating Twitter accounts and Facebook pages. Direct marketing and relationship marketing thrive with these forms of interactive tools. Another innovative technique lawyers are using to market their firm is Google profile and alerts. These may seem foreign but setup is a breeze.

Google Profile allows anyone to create a personal, searchable page on Google. Once an account is created (if you do not have one already with Google), you begin by entering in data about yourself or business into the form and any links you would like displayed. Google allows users to upload photos and contact information. Click the ‘create profile’ button and you are finished. Here is an example of a Miami firm’s profile.

Google Alerts keeps you updated on stories or people you are interested in. It works by allowing users to isolate key phrases or words they often search for and emailing or delivering via feed new results. For instance, a VP at Pampers may want up to date information about its competitor, Huggies. By creating a Google Alert for “Huggies”, they no longer have to dedicate time to searching for themselves. Google will email them any new developments posted on the web about Huggies.

Other applications for Google Alerts include monitoring what others are saying about your business (or you). By creating an Alert for your name, any occurrence of it in the press will immediately be mailed or show up on a Feed Reader.

To create a Google Alert, first login to your account and go here. Proceed to type in whatever search term(s) you desire. Google gives you the option to search only news, videos, blogs, groups or all of the above (comprehensive). This can be useful as a filtering mechanism. Next, they want to know how often you would like updates. The choices are once a day, as it happens or once a week. Finally, Google needs to know how you want this information sent to you- to either a Google account email or feed.

These two quick and useful tools go a long way to monitor and market. They are both extremely powerful and user-friendly. To get an account with Google and get started go here.

For more information on Canadian Lawyers, Lawyer Marketing, Law firm advertising visit http://www.lawyerahead.ca/

One of the most traumatizing experiences a person can ever endure is sexual abuse during their childhood years. The sensitivity of the topic itself makes it tough for many to discuss, let alone testify about in a court of law. Society and the media do their best to shame those who abuse children and even prisoners join the fray requiring many sex offenders to be segregated populations for fear of their lives. Yet the crimes continue.

According to The Badgley Report, “1 in 2 girls and 1 in 3 boys were the victims of unwanted sexual advances before the age of eighteen.” As disturbing as these statistics are, lenient sentencing for offenders offer little incentive for cessation.

Victims of violence offers examples of just how lenient the courts have been on offenders. Out of the eight cases cited, the longest sentence was seven years and the shortest 45 days in jail to be served on weekends.

Lenient in some ways, the courts are harsh in others. There is no statute of limitations on child sexual abuse. Discovering abuses that took place decades before can still be brought to court today.

Likewise, the National Sex Offender Registry requires offenders to register with them for 10 years or life depending on the severity of their crime. The registry serves its purpose by allowing communities to track offenders in their area, but this monitoring device can backfire as shown by stories where released offenders are beaten just for being sex offenders. Harsher penalties for offenders who fail to register may be necessary as well.

In Canada, the age of majority varies between provinces ranging from 17 to 19. According to the criminal code, the age of consent for sexual activity is 14 stating, ”Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body a person under the age of fourteen (14) years is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction.”

Many feel laws are far from perfect, but even the Victims of Violence website states that “Advancements in the laws governing the sexual abuse of children have improved.”

For more information on Sexual Abuse, Find Lawyer, Lawyers, Toronto Lawyers, Vancouver Lawyers  and Canadian Lawyers in general, visit www.lawyerahead.ca

Adult child support invokes the response that most oxymorons entail- say what now? Although adults are not children, some adult children or adult dependants cannot survive on their own and require the assistance of their parents. Some cases that fall under this category are when a son or daughter is mentally disabled or otherwise impeded by afflictions, depending on parents while attending university, or any other case that disallows these ‘children’ to support themselves.

The Divorce Act slips in a nifty little catchall allowing ‘other causes’ to be reason for adult child support. The act defines a ‘Child of Marriage’ as, “[someone] the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessities of life.” As blurry as the guidelines are for who exactly deserves support, judges have done a good job of restraining the age limit.

Some of the other causes affirming support payments according to case law include pregnancy, unemployment, and post-secondary education. According to the British Columbia Justice presiding in Wesemann v. Wesemann, he refers to his “four-step approach” to determine support:

1. Decide whether the child is a “child of the marriage” as defined in the Divorce Act. If s/he is not, that ends the matter.
2. Determine whether the approach of applying the Guidelines as if the child were under the age of majority (“the usual Guidelines approach”) is challenged. If that approach is not challenged, determine the amount payable based on the usual Guidelines approach.
3. If the usual Guidelines approach is challenged, decide whether the challenger has proven that the usual Guidelines approach is inappropriate. If not, the usual Guidelines amount applies.
4. If the usual Guidelines approach is inappropriate, decide what amount is appropriate, having regard to the condition, means, needs and other circumstances of the child and the financial.

At minimum, this and other such meticulous lists depict how considerate judges are on the subject.

In the abstract for Child Support for Adult Children: When Does Economic Childhood End? Nicholas Bala notes, “Reflecting the changes in intact families where young adults are living with their parents longer as well as looking to parents for more financial support, compared to a couple of decades ago, the courts in Ontario and other Canadian provinces are now more likely to recognize the obligation to provide support for adult children.” Apparently, now more than ever, offspring are living at home and depending upon their parents far beyond the 18-year benchmark.

Although there is opportunity for exploitation because of its murkiness, adult child case law has done a good job so far of reining in the longevity of support and monitoring who and who doesn’t require continued support. Support tends to hinge on certain requirements (if for unemployment, that they are actively searching for work, or in the case of pregnancy that the young lady return to work once the baby is eight months old) that makes it less like welfare and more like welfare-to-work.

It is always recommended to consult a lawyer relating to such matters.

For more information on Find Lawyer, Lawyers, Toronto Lawyers, Vancouver Lawyers, Canadian Lawyers, Adult Child Support and Family Law visit http://www.lawyerahead.ca/