Parking tickets in Ontario

A 62-year-old woman was officially fined $500 when she parked her BMW on top of a Hyundai in Richmond Hill, Ontario. She was also prohibited from driving between the hours of 7 p.m. and 7 a.m. This is a ridiculous measure, having in mind that the accident happened during the day. She is now free to drive 12 hours a day and damage other people’s cars in parking lots. Most of the people in the Richmond Hill community think her license needs to be taken and she should go through a serious rehabilitation program before she is allowed to drive again.

The reason she was given such a small fine is that parking infractions in Ontario are considered a Provincial Offense, which is settled by paying a fine after receiving a Provincial Offense Notice or a ticket. This means that there is no court appearance, jail sentence or criminal record.

Parking tickets in Ontario are also known as Provincial Offense Notice Part II. If you have ever parked incorrectly, you can find such a notice attached to your car’s windscreen. The amount you have to pay is written on the Notice and in Ontario you have 15 days to do so. A parking ticket can be paid online, in person or by post.Click here for Toronto parking ticket fine payment locations.

It is possible to contest a parking ticket in an Ontario court. In this case you should fill out the Notice of Intention to Appear form and file it with the court listed on the back of your ticket. You should do this within 15 days of receiving a speeding ticket. You will receive a Notice of Trial detailing the time and date of your court appearance. You do not have to appear in an Ontario court but can use the representation of a lawyer or paralegal to defend you instead. Read more on how to contest your parking ticket here.

Pardon in Canada

Ex NHL players who have reported being sexually abused by their onetime junior hockey coach Graham James were shocked by the fact that the James has been given a pardon for his sexual offences in 2007. The ex-coach pleaded guilty to the crime he has committed repeatedly in the period 1984-1995.

Pardon in Canada is issued by the National Parole Board under the Criminal Records Act. Criminal offenders with one or more criminal conviction, can apply for Canada pardon once three to five years have elapsed from the crime. A pardon does not mean that a criminal record is wiped out although it will be taken out of the Canadian Police Information Centre and a criminal record will not show up on any checks of the public records in Canada. This means that persons with pardoned convictions will not be discriminated against when they apply for a job or for a position in the Canadian Forces or federal authority offices

It is not necessary to be a Canadian citizen or permanent resident to apply for a pardon in Canada. For summary offences three years must elapse from the day all fines, costs and compensation awards were paid and all jail or community services were completed. Pardon in Canada for indictable offences and those citizens who qualify under the Transfer of Offenders Act the period is five years. All other National Defence penalty applicants must wait three years before applying.
Applicants for Pardon in Canada must demonstrate that they have lived as law-abiding citizens over the required three to five year period. The National Parole Board consults with a number of agencies including law enforcement agencies like the Royal Canadian Mounted Police who inform not only of convictions but also of alleged or suspected criminal behaviour.

Pardon in Canada is not recognized worldwide. For example the Unites States do not recognize Canada pardons and if a criminal record for which an applicant has received a pardon is lodged with the US authorities, the pardon will carry no weight in America. This may affect an applicant’s chance of a visa or entry into another country.

The National Parole Board charge a fee of $50 to process each pardon application. It is vital that all Pardon in Canada applicants take time to carefully and correctly fill out the pardon application form. Generally the time-line for processing a Canada pardon is 12 to 18 months but each case is considered on an individual basis.

Forged signatures on energy contracts in Toronto – the legal consequences for consumers

An energy retailer company which operates in Toronto has been charged with forging homeowners’ signatures on energy contracts without their consent this week. The company’s employees went as far as to impersonate the homeowners on the phone when the call centre people called to confirm the legality of the contracts.

The three employees were charged with criminal offences of fraudulent impersonation of a consumer and violation of the Ontario Fair Trading act by misleading a consumer.

Four Ontarians complained about not consenting to consenting to long term electricity and natural gas contracts and actually signed an “I am not buying anything” form. Their signatures were then used and forged on the contracts. In another case a salesperson signed up a dead person for a contract using his details in a utility bill.

In 2002, the new Ontario consumer protection act was brought into force as an effort to update the province’s laws in this area. It prohibits “false, misleading or deceptive representations”. According to this law, consumers can seek rectification if they have been victims of a merchant’s unfair practices. These include annulment of the purchase contract, as well as all the agreements, including credit agreement. Credit card charge-back is a new feature which is now available with this law.

This kind of forgery has been going on all around the country and only separate cases become known to the press, as some people just pay the bills and may discover the forgery months later if at all. Very few people are familiar with the law that protects their consumer rights in their province. Legal advice is very expensive and unaffordable to the general consumer. The best thing to do in cases of forgery is to consult open – source legal websites which provide free legal information on many relevant topics.

New Legislation For Young Drivers in Ontario

In December 2009, Ontario’s ministry of transportation has introduced several new proposals intended to curb car accidents involving young drivers. The proposed changes would harshly limit the number of passengers young drivers in Ontario are allowed to have in the car and would include a zero-tolerance policy on alcohol and speeding.

Under current regulations, young drivers in Ontario are allowed to have as many passengers as they wish during the daytime and may only have one passenger who is a minor between the hours of midnight and 5 a.m. for the first six months of a G2 license. With the proposed changes, young drivers would only be allowed to drive one passenger under 19 years of age at all hours. The passenger restriction would not apply to relatives or other adults.

The proposed legislation changes in Ontario would also impose very strict penalties for drinking and speeding. The first time a young driver gets a speeding ticket, they would lose their license for 30 days and could face confiscation of their car. Likewise, the driver would face a 30 day license suspension the first time they blew 0.01 on a breathalyzer. Under current legislation, a driver needs 15 demerit points to have their driving privileges revoked. Repetitive drinking or speeding violations would result in longer suspensions and even permanent suspension of driving license.
Many of the proposed changes have taken place because of unrelenting complaints by parents. However, many young drivers in Ontario claim that the proposed rules do not take into consideration the fact that not all young drivers are irresponsible. The fact that only young drivers are affected by the suggested changes – and not all new drivers – also suggests that the proposed legislative changes are discriminating.

It is a rule of thumb that young drivers cause more car accidents than experienced ones. If you need free information on what to do on the scene of a car accident in Ontario, consider looking here.

Manitoba Tenants Fight No Pets Ruling

Jeanie had lived with her pet Alsatian Rex for over five years. He had become her eyes, her ears and her best friend. Jeanie is 65 years old, she has been widowed for 6 years now and, not being the gregarious type she doesn’t have a wide circle of friends. So she relies on Rex for company, security and love. Unfortunately, the lease on Jeanie’s rental is coming to an end and her landlord plans to sell the apartment leaving Jeanie no choice but to move to a new rental. The problem here is finding one which will allow Rex to live there too.

Most Manitoba landlords disallow pets from their rentals on the grounds that they create mess, noise and damage. Last year a landlord tenant law was passed allowing pet-friendly landlords to charge half a month’s rent to anyone who wanted their pet to live in their rental property. But hope is in sight this year with Jon Gerrard’s opposition bill, which if it becomes law will ban no-pet rules in rented property right across Manitoba. The bill has such a following that it has highlighted the plight of animals that are cast out on the street when their owners can no longer accommodate them in new rental property.

Many argue that caring for a pet is a positive thing that directly affects good health and wellbeing, yet there is a counter argument in favour of those tenants who prefer to live in pet-free environments – some because they have asthma and allergies. Professional Property Managers Association President, Ron Penner who represents the interests of 50Winnipeg landlords is adamant that pets remain an option for each landlord and not compulsory occupants.

Whether the legislation comes to law is still under debate – its public popularity may be widespread across the province but it still counts too many high profile opponents. To date Ontario is the only Canadian province to allow pets into rental apartments at the tenants discretion.
More free legal advice for landlords and tenants available at the Legal Canada Community website

How to get a cheap and easy divorce

Taking the decision to divorce usually follows when one or both spouses have left a marriage and want to move forward with a new partner. When most marriages end, most couples are just happy to have time apart from what has become a battle zone or cold front.

Some Canadian spouses still want to fast track through the divorce process, yet the easiest and cheapest way to divorce in Canada is to first separate for a year.
Taking a year away from the marriage allows both parties to reflect over what went wrong and whether they are truly happy living apart. If a new partner is involved, this year of separation actually gives the spouse time to see if the new relationship really was any better than the old marriage. It also gives both ex spouses time to adjust to a new life alone and to let some of the animosity that has built up as the marriage turned sour, dissipate.

The best way to handle a divorce is to be calm and objective! Not easy, if your wife ran off with your best friend or your husband moved in with a girl 20 years his junior; however, no amount of pleading or bitterness is going to bring your ex spouse back; accept that your life has changed forever and sever as many ties as you can.

You may feel like the injured party but under Canada Divorce Law marriage breakdown is the only legal reason for a divorce and a year’s separation is proof that a breakdown has occurred. Not only this, divorcing after a year’s separation is the cheapest and easiest way to get a divorce in Canada.

You can file for a divorce before your separation year is up, however the divorce will not be granted before this. Only one spouse needs to apply for a divorce - again this is evidence enough that the marriage has broken down, but you can file jointly in what is known as an uncontested divorce. If one spouse disagrees with the divorce or the reasons for it, this is called a contested divorce. After one year’s separation even a contested divorce will be granted. Even permanent residents of Canada can get a divorce there and it doesn’t matter where they married or what their nationality is. Under Canada Divorce Law, nobody is obliged to stay in a deteriorating marriage.

In most provinces, divorce is handled by the Superior Court of Justice, which is often referred to as the Supreme Court. You don’t need to get a divorce lawyer to represent your case. All Canada provinces offer advice on how to divorce; you can find this information on the Legal Canada Community website http://legalcanadacommunity.com/divorce-law-canada#Getting%20a%20Divorce.
For more free legal advice and independent information on divorce including division of assets and pensions, child custody, maintenance, prenuptial agreements and separation agreements go to www.legalcanadacommunity.com the open source legal encyclopedia for Canada.

Libby Andrews

The Customer is Always Right?

It seems that the old adage is no longer true I thought to myself after reading in a newspaper that a customer in New Brunswick was banned from Tim Horton’s after complaining on several occasions that his coffee was burned. It seems that the market is slowly changing from “The customer is always right” to “A customer is only right the first and the second time” I would think that while everybody has been going on and on about the economic crisis, the businesses would strive to give a better quality and quantity for the same money.

For me as a customer it is natural to look for value when I go shopping, and when I spend my hard-earned dollars, I expect to get an efficient service and good quality product. I guess Jimmy Craig is very much like me in this respect. It just bothers me that a customer can be banned for trespassing after tree complaints. No wonder Mr. Craig feels like he has been bullied by the manager. The implication of this s precedent could be grave. The message the business are sending is “If you do not like the product, don’t buy it”

According to the Fair Trading Act, not providing value when value is expected is fraudulent. It is illegal to make claims that you provide a quality product and then fail to do so. Actually, according to the Act, a justice in the Court of the Queen's Bench can imprison the offender. I am not saying that the manager of the store should go to prison over a cup of coffee; I am saying that people like Mr. Craig should seek legal advice and fight the no-trespassing order. On this site you can get free legal information about how to file a small claims court complaint and much more. Check it out so that you can be informed about your rights.