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/

Most Viewed Canadian Lawyers for the Week ending June 15

1. Brian Galbriath, Barrie Lawyers, Barrie Family Lawyers
2. Lorne Fine, Toronto Lawyers, Toronto Family Lawyers
3. Christopher Hicks, Toronto Lawyers, Toronto Criminal Lawyers
4. Alisa Williams, Hamilton Lawyers, Hamilton Family Lawyers
5. Rose Keith, Vancouver Lawyers, Vancouver Personal Injury Lawyers

Stay tuned for next week’s most viewed lawyers coming your way!

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/ 

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

A Toronto woman convicted of growing marijuana in her suburban home is a breath of fresh air for Ottawa police. The court sentenced Trang Nguyen, the homeowner, to nine months in jail and sentenced the “gardener” to a year.

This is the first Ottawa conviction of an absentee homeowner with a marijuana cultivation operating out of their home. This tactic, used by organized crime, of separating homeowners from the illegal activities going on in their homes is a way of distancing the owners and making the drug problem that much more difficult to quell.

Staff Sgt. Pete Gauthier, of the Ottawa police drug unit stated, “This was a first.” Continuing with, “We haven’t been able to do that in the past, because the person doesn’t go to the house.”

Ottawa police Chief Vern White

The police hope the courts ruling will send a message to other grow operations in the area.

In April, the Supreme Court of Canada refused to hear a case regarding the cultivation of marijuana. As it stood, Health Canada received its crop from a mine in Manitoba and limited commercial growers to one patient at a time. Authorized patients are allowed to grow their own “medicine” as well.

Times change and it appears that marijuana may soon become more socially accepted. A recent field poll reports 56% of Californians favor legalizing marijuana for recreational use. This includes non-medicinal sales that they project will generate $1.2 billion in direct tax revenue for the state. Unfortunately for them, to tax marijuana, it must be federally legal, which many agree, may never happen or if it does, will not happen for quite awhile.

Hypotheticals aside, the Crown scored a victory with this decision. After hearing the news, police remarked that now they will focus more attention on catching absentee homeowners with grow-ops and bringing them to justice. Whatever justice that may be at the time.

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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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We already wrote about The Pirate Bay trial few months ago. For those who missed that article, The Pirate Bay is a file exchange server (based on the torrent system) from Sweden. Today it is the largest server in the world with over three million visitors every day and it is constantly sued by copyright holders and various copyright protection organizations (in the latest case by the International Federation of the Phonographic Industry (IFPI)).

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Many people consider that such cases not only influence the copyright laws but also are dangerous for the freedom of modern Internet. For example after the verdict IFPI demanded that Swedish internet service providers block The Pirate Bay. The providers refused and stated that it is not their job to censor the websites for their customers and that they support the principles of a

free and open Internet.

A large response to this case and the verdict itself came from the Swedish Pirate Party. This party has nothing to do with swashbuckling adventures; it is focused on reforming laws regarding copyright and patents. Also Pirate Party supports the strengthening of the right to privacy, both on the Web and in everyday life, and also the transparency of state administration. Formed in 2006 this party encouraged people to form similar parties and organizations in the whole world. After the verdict on The Pirate Bay case, over 18,000 people joined the Swedish Pirate Party raising its membership to over 33,000 members. Right now it is the fourth-largest Swedish party by membership count and the party that has the largest youth organization. During the whole case the Pirate Party organized protests and on the next day after the verdict over 1000 protesters gathered in the streets of Stockholm. As mentioned above the Pirate Party views this case and the actions that followed, not as an attempt to reform the laws regarding copyright, but as an attempt to control the Internet and private lives.

And by the way, the biggest problem about suing sites like The Pirate Bay is that these sites actually do not exchange information, they just uphold servers that help users to connect to each others and exchange some stuff between their personal computers. During the case one of the Pirate Bay lawyer tried to use this fact and selected the user King Kong as an example of person that is not even under Swedish jurisdiction. This was immediately labeled by the press as King Kong Defense.  For more information on Vancouver Lawyers, Toronto Lawyers and Lawyers for your Intellectual Property legal needs, visit www.lawyerahead.ca

Generally speaking wills are a great tool.  You need to keep in mind that will is not all that complicated, it is a legal document that makes lives of your family, relatives and even charities of your wish easier when you pass away.  Charity organization are a great thing and it should be considered as an honor to be able to make someone else’s life easier by contributing to charities.  With everything you still need to ensure that the charity or charities you put in your will is really what you want and is the right thing.  When you are dealing with the decisions related to the law, you need to take your time before naming charities in your will.  Getting legal advice from a lawyer is an excellent way to go as lawyers would understand the legal consequences of your will.  Lawyerahead.ca is a great way to find a lawyer for your legal needs and can be used any time shall you require a lawyer.

The 1st step you should take is to calculate the value of your assets and find out if you have enough funds to donate to a charity.  This means totalling all your personal net worth like your home, other properties, car, all your personal possessions and your money, minus all your debts.  Debts would be items such as your personal loans, mortgages, overdrafts, credit card and or other purchase agreements that you have to pay over time.  Even in calculating an accurate report on your net worth, it is recommended to seek legal advice through a lawyer or your accountant or any other professional certified to do this.

Once you have calculated your net worth, you will need to choose the charity organizations that you want to give donations on your will.  Here are 4 main things recommended things to check.

Reliability

Be sure the organization that you are interested is a reliable one.  It has been reported in the past that many organizations take on other official charity organizations name in order to fake their existence.  So it is a good idea to contact the charity organization of your choice directly.  Get all the information you possibly can on them.  Check the history of the organization through 3rd parties or do some research on the Internet.  Internet usually carries directory of legitimate charity organizations.

Funds Dispensation

Charity Organizations welcome their potential donors questions on how their funds will be dispensed.  Therefore don’t ask this question to find out and get a full report on where you should expect your funds to go.

Purpose

Understand the purpose of the organization.  You do not want to think you are making a donation to something when it fact it means a completely different thing.  Last thing you want to do is make a donation to a charity which turned out to be an embarrassment to your family because it was not exactly what you would have wanted to do.  To avoid this, ensure you read their brochures to understand their mission and purpose of the organization

Impact

Whenever you are making a donation to something, you should check the possible impact of your donation.  Sometimes a charity organization can be large in size and even branded but are ineffective in achieving their goals.

Having said that here is another important thing to remember about charities.  Tax benefits.  Charity donations are designed to give you tax breaks.  Ofcourse this is not something that is going to directly benefit you but could be helpful to your friends and family.

As always, when it comes to all things legal, consult a lawyer.  Lawyerahead.ca helps you find the best lawyer(s) for your legal needs.  Post your case and get an experienced lawyer to help you with your will.  It is also better to discuss with them tax related questions with your lawyer.

Links to Toronto Lawyers and Vancouver Lawyers that can handle estates and wills.

Best of Luck.

Famed dictator and American prisoner for nearly the last two decades, Noriega is set to be extradited to France against his wishes. Now 75, Noriega has been fighting the extradition for the last two years while being held in U.S. custody.

Noriega’s lawyer plans to appeal to the State Department if things keep going the way they are. The goal being to get Noriega back to Panama, where he was convicted in absentia of charges ranging from embezzlement to murder.

Although they say Noriega is a prisoner of war, the court ruled that nothing in the Geneva Conventions “implies that a contracting party cannot abide by a valid extradition treaty and extradite a prisoner of war to another contracting party simply because the person is a prisoner of war.” Both the United States and France are ‘contracting parties’.

So why France? Well, Noriega allegedly laundered drug money through French banks. The French government convicted Noriega in his absence for this in 1999, but say they plan on holding a new trial once he gets there.

Manuel Noriega was the Panamanian general who collaborated with the CIA. Medellin advocate, Noriega was known for brutal tactics and the usual gamut of underworld activities. The CIA and DEA both at times praised Manuel for his anti-drug efforts, which (strangely enough) seemed to be only geared towards rival drug traffickers. In 1989, the U.S. decided they didn’t like Noriega anymore so they invaded Panama, kidnapped him and brought him back stateside for a trial. He was sentenced to 30 years and was ‘released’ after 17 for good behavior.

Similarly we have had many drug crimes and other corruption crime coming out of Vancouver and Toronto.   Bizzare stories about Vancouver lawyers are headlining this week, namely Dongdong Huang, who has detained by the Customs for  human trafficking enroute to Beijing.