Legal Canada Community

Parking tickets in Ontario

2010-04-23T01:35:00.000-07:00

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

2010-04-13T00:43:00.000-07:00

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

2010-02-26T04:39:00.000-08:00

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.

2010-02-17T05:46:00.000-08:00

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

2010-02-16T04:42:00.000-08:00

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

2010-02-10T05:36:00.000-08:00

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?

2010-02-09T00:24:00.000-08:00

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.

Slowing Down on the Roads May Prolong Your Life

2010-02-03T04:18:00.000-08:00

Driving the children to school is one of the most hectic activities during my whole day. We’re always late and I am driving like crazy. I know that a few minutes will not make any real difference, but, still, I feel the urge to rush it. And by the way the other parents are driving, I can tell they are in the same rush as me.
A recent Health Sciences Centre in Toronto study showed that each hour you spend driving may shorten your life expectancy by 20 minutes. Scientist involved in the study say that slowing down just three kilometers per hour could save four to five hours in life expectancy per year.

The study used computerized traffic models to prove that slowing down a little bit can make a big change in terms of extending lives. The computer model showed that slowing down just 3km/h will result in 3 000 000 fewer property damaging crashes, 1 000 000 fewer injury causing crashes and 9 000 fewer lost human lives per year.

Now I start calculating. I have to drive 5 km to their school every morning and I am going 50km/h so it takes me 10 minutes. If I start doing 47 it will take me…exactly 10.6 min! It is simple arithmetic and I think everybody should do it before they sit in their cars. I know the difference will be bigger with a larger distance, but still, what is the rush? Are we speeding only when we a driving an injured child to the hospital? Not really. Most of us are just in the habit of speeding. We just hope that we will never make it into the death statistics.

I will sure remember to do 47 km/h tomorrow morning. If the children are 0.6 minutes late, so be it. I want to increase my life expectancy and my children’s as well. Nevertheless, I like to be prepared and know what to do if it does happen to me and I become involved in a car accident. If you are curious, look here: http://legalcanadacommunity.com/motor-vehicle-accidents#Procedures%20at%20the%20Scene%20of%20a%20Traffic%20Collision

Jaywalking Causes Half of Motor Vehicle Accidents in Montreal

2010-01-27T01:26:00.000-08:00

Coming in to work this morning I spotted two teenagers darting out into the road in front of my car in the intersection. I desperately hit the brake pedal and luckily no one was injured. Not so lucky were 10 pedestrians who lost their lives in Montreal this month.

Although jaywalking occurs across Canada, in Montreal it is part of the urban culture. Teenagers, young people, old people, even mothers with strollers cross busy roads at haphazard places posing threat to drivers and other pedestrians.
This year the police have started a five-year campaign to fight this tradition. The difficult part is that most Montreal residents don’t see a problem with jaywalking. The statistic shows that last year at least 50% of pedestrian deaths occurred when pedestrians failed to obey traffic signals.

The problem is that neither the pedestrian nor the drivers will claim the responsibility for these deaths. While drivers are traditionally fined for disobeying traffic rules such as crossing at red light or failing to stop at a stop sign, pedestrians as a rule are not fined for dangerous behavior at the streets. And as in tango, it takes two to save lives. Drivers should take a minute and think about what it is to walk and try to dodge cars at a busy road and pedestrians should try to understand that drivers have an enormous responsibility both for passengers in the car and for people on the street.

Montreal police have now posted officers at several downtown streets who fine people crossing the roads illegally $37. I really do not think this will help. I wonder how you hand out a fine to a teenager or a homeless person of they have no money on them and/or no ID? Sporadic fines will not really solve the problem or change pedestrians’ attitude. Nor will reduction of speed limits with no cameras and enough police officers to enforce it.

If jaywalkers often cross the street in front of your car and if you ever get involved in a motor vehicle accident caused by a pedestrian or another driver, look here for free information on how to proceed in order to save money and time and your nerves: http://legalcanadacommunity.com/motor-vehicle-accidents#Procedures%20at%20the%20Scene%20of%20a%20Traffic%20Collision

Maya Kotcheva

How to get legal aid in Canada

2010-01-25T12:18:00.000-08:00

A recently divorced man recounted his difficulty in obtaining access to his kids who were living with his estranged wife. He desperately wanted to see them on a regular basis but had abandoned all hope when the only option left to him was to pursue legal custody rights through the courts. His reasoning was being unemployed he could not afford a lawyer to represent him and without one he was sure that his wife, whose means were significantly more would win the case.

Many Canadians and permanent residents may shy away from fighting their civil case in the Canada law courts but fortunately Canada offers a legal aid program for those citizens on low incomes. Legal aid is available for a range of legal services from residential tenancy matters and appeals to domestic violence, family disputes and refugee issues to name but a few. Anyone who wishes to take the legal aid route should visit one of the legal aid offices in their province to discover whether they qualify. You will need to take evidence of your finances and expenses in particular any documents relating to your income or benefit payments. You should also make sure that you have your utility bills, statements of your rent or mortgage payments and proof of any debt in the form of credit card statements and loan payments. Additionally, you should take some form of ID like your passport or SIN. If you own any property you must take the deeds with you.

It will take around three weeks to ascertain whether you qualify or not for legal aid and you cannot engage a lawyer under the legal aid scheme until you are approved. Once you are approved you will be given a Legal Aid certificate, which details how many free legal aid hours you may claim. You must present the certificate to any lawyer who takes legal aid cases – the choice is yours as to which lawyer you choose although it is wise to choose someone specializing in the law relating to your case.

In Ontario legal aid clinics provide advice and information to those qualifying for Legal Aid. The clinics are staffed by qualified lawyers and paralegals and offer the benefit of having close ties to many organizations that may be associated with a legal issue for example relationships with health care authorities.
For more free legal advice visit the Legal Canada community website or ask a question on the free legal advice forum.

The Power of the Condominium Act

2010-01-19T02:09:00.000-08:00

If you are anything like me, the freezing cold winter in Ontario only makes me dream of the summer and with that I began to plan everything from my summer vacation to jobs, trips I want to make with the kids and jobs I can do around the garden.

This year I am planning to add a little bit of luxury - a large deck with a hot tub! Fortunately for me, I own my property outright and I am not forced by the Condominium Act to consult with a Condominium Board over my plans. A case in Ontario recently went to court when an old man added a hot tub to his garden, his reasoning was that it would help relieve the pain of his arthritis. The man, whose garden was classed as common ground under the Condominium Act failed to consult his Condominium Board and as a result received a court order compelling him to remove the hot tub. The case, which has been ongoing since 2007, caused hassle and stress to a gentleman who should have been enjoying his senior years. After an Appeal Court hearing, the judge finally ruled that the structure was not in breach of the condominium rules and that it could stay put. The judges reasoning was that the definition of ‘changing the common elements of the condominium property’ was too broad and that it would mean that Condominium Boards could disagree with the erection or installation of picnic tables, barbecues, swimming pools and children’s’ swings and slides if they were so inclined.

Lawyers representing condo owners are up in arms at the case being thrown out at Appeal. Their argument is that the Condominium Act is not restrictive and providing condo dwellers consult their Board, most structures and garden items would be allowed, however condo board directors will now have to anticipate undesirable additions and structures to all common areas and notify condo owners accordingly. Structures already in place will not be affected by any changes to individual condo rules, nut it will lay down better guidelines for future additions.
So, if you are a condo owner thinking about lazy summers in a hot tub, now is the time to get one installed – before they are added to a list of infringements to the common areas of your condo!

Fot more free legal advice visit the Legal Canada Community website

Avoid Programming Your GPS While Driving

2010-01-18T00:22:00.000-08:00

Like many women, I am always 10 minutes short of time when I prepare for work in the mornings. I think it would be fair to say that half of the times I am doing my makeup using the rear view mirror while waiting for the green light. This morning when I was applying my mascara, I almost picked my eye out when a driver slammed behind me. She admitted to the police she was punching the buttons on her GPS and didn’t see my car had stopped.

Programming you GPS while driving can be a hazardous distraction that can lead to a motor vehicle accident. Experts say that you should not take your eyes off the road for more than two seconds at a time, because every time you look away, you might miss an important sign, a pedestrian or another driver trying to overtake you.

In-car GPS system use has grown in popularity in Canada. It is new, it is trendy, and people like to play with it. While some are built into the dashboard, there are portable ones which can be attached to the windshield and obstruct the driver’s view. The built-in models in some cars makes it impossible for the driver to program the GPS if the vehicle is moving, but people keep finding ways to disable the code that prevents programming of the vehicle in motion. Their argument is that if there is a second person in the car, he could do the programming and this way the driver is not distracted.

Regulations on GPS devices vary from province to province. In Ontario and British Columbia, it's illegal to program a GPS while you're driving. In the other provinces, however, it is still allowed. Drivers are supposed to use their common sense, but it is obvious that it is not working with everybody.

So after I almost lost my eye this morning, I think I will give up applying makeup in the car altogether. What I am sure of is that I will never program my GPS while driving. For more info on motor vehicle accidents and regulations in Canada, look here: http://legalcanadacommunity.com/motor-vehicle-accidents#Procedures%20at%20the%20Scene%20of%20a%20Traffic%20Collision

The Cost of Self-Representation in Small Claims Court

2010-01-14T06:28:00.000-08:00

I have always thought small claims court was the place where a common man could stand up before the judge and present his case. Like most people I thought that if you are right, you do not need somebody to represent you because your success in guaranteed.

As it often happens, life proved me wrong. I had a car incident in Toronto several months ago. I contacted my insurance company within the legal period and presented the documents required. Following their procedures, the other driver was found to be 90% at fault for the accident. However, I was not happy with the compensation they offered me. After an unsuccessful mediation round I decided to file a claim in the Small Claims Court. I had all the documents I needed, I had the contact details of the witnesses who could testify in my favor and I decided to give it a go, which later turned out to be my biggest mistake.

At the hearing is I presented my case, evidence to support it and I called my witnesses. The insurance company had three lawyers defending them. When they presented the case they used their flawless legal jargon, very smooth, but incomprehensible to me and my witnesses. They addressed the judge as “Your Honour”, cited different laws and regulations interpreted the facts in such a way, that all of a sudden it was me who had to pay them! Their story was wrong, but very credible, I give them that.

It is not difficult to guess what the outcome of the story was. The judge decided in favour of the insurers and I lost a lot of money plus I had to pay the court fees. As the saying goes, experience keeps a dear school, but people will learn in no other. I am never going to a courtroom again without solid legal preparation and a stack of statutes and regulations under my arm. This is what I would advice any friend of mine who is going to court: either hire a lawyer you learn well the law so that you can beat lawyers in their own game.

14.01.2010

Maya Kotcheva

Serving Papers for the Small Claims Court

2010-01-11T03:51:00.000-08:00

I love those American movies where some anonymous, smart looking guy approaches the lead character and taps his arm with wedge of paper then says that immortal line "you been served." Last year I had reason to take a business associate to the Small Claims Court. I was hoping to cut costs by doing as much of the legwork as I could manage. Serving papers for the small claims court is extremely important; it enables all parties concerned to inform themselves about the problem and gives them time to make their defence or a counter offer should they decide to settle out of court. Under Canadian law, you have a choice of methods when it comes to serving papers; you can use the mail, a courier company, a professional server company, someone you trust or do it yourself. If you choose to use the mail, then you have to ensure that you get written acknowledgement that the papers have been received.

With visions of Hollywood swirling around my head, I decided to serve the papers myself partly to save money and partly to be able to act out that classic one liner! I drove to the office where I knew the guy (let's call him Mr Guy) had his business. Before I entered the building I checked my reflection to make sure I looked suitably dignified. When I entered I panicked a little - the reception area was busy and I worried that I would have to serve my Small Claims Court documents to an audience. My heart was pounding as I asked for Mr Guy in reception. The envelope of court documents became sticky with perspiration, my mouth suddenly felt dry. I thought about walking out and posting the papers, yet I wanted to be sure that the small claims forms had been served quickly. As I sat on the company’s plush sofa, I became paralysed with fear. What if I had to go up to Mr Guy’s office and serve the papers? What if he caused a scene when he realized he was being served? My real life situation seemed to be a million miles from the Hollywood perspective where the process of serving documents seems to be no more than two people passing by accident in the street.

After several agonizing minutes, the receptionist beckoned me over and told me that Mr Guy was on holiday and not due back for three more days. Back outside as I slumped into the driver’s seat of my little Renault, I realized that I didn’t want to go through that nerve wracking experience of serving my small claims documents myself. As soon as I got home I called a professional server company who gladly took away all of the pressure. Yes, it cost me a few dollars, but realizing I was a coward at heart, it was worth every penny.

For more information on serving small claims documents visit the Legal Canada Community website

Libby Andrews

Immediate Help When Your Landlord is Being Obstructive

2010-01-08T01:42:00.000-08:00

I've rented numerous properties over the last 5 years and as a consequence I've encountered both good and bad landlords. The good are those who really care about your wellbeing by buying additional heaters when temperatures plummet or giving the place a lick of paint to keep it fresh, the bad are those nitpickers who want some repayment for a kiddies hand print next to the bathroom light switch - and lets face it they are most often justified. Yet what can tenants do if they are faced with a landlord who really is being obstructive and making life in the rental property intolerable?

Help is at hand from the Residential Tenancy Board, which exists albeit under different names in each Canadian province.The state run agency is responsible for informing both landlords and tenants of their rights relating to the Residential Tenancy Act 2006 as well as sorting out disputes between the two parties. In many ways the Residential Tenancy Board acts like a court passing decisions on individual cases. In some instances, cases brought before the Residential Tenancy Board are referred to mediation, whereby both parties - landlord and tenant sit down with a qualified mediator to discuss in detail the issues that lead to the dispute.

If you have issues with you landlord, the first point of call should be the Residential Tenancy Board in your area - you can access the Boards' locations by province here http://legalcanadacommunity.com/landlord-and-tenant-board-locations-canada They will advise you on the options open to you and if you decide to file a dispute they can provide you with all of the relevant forms. You will be required by law to serve your landlord or managing agent with a Notice of Hearing. If the dispute has become unpleasant and you do not wish to have any contact you can always use a professional server. The hearing may be conducted by phone or in person and the Residential Tenancy Board will make a decision one way or another, which you will be expected to abide by.

Whatever the dispute, using a Residential Tenancy Board offers an independent professional solution with very little cost outlay. Check out more on Residential Tenancy Boards at http://legalcanadacommunity.com/landlord-and-tenant#Role%20of%20the%20Residential%20Tenancy%20Board

Libby Andrews

Mandatory Estate Mediation in Ontario

2010-01-04T05:06:00.000-08:00

There is never a good time to say goodbye to a loved member of your family, but death during the holiday’s season is very hard to survive. It is almost unbearable to stand near the hospital bed and hold the hand of a person who is dying when people outside are counting down the seconds to the New Year. Then, a few days after the funeral, the members of the family sit down to read the will.

When it comes to estates disputes it is not unusual for sisters to fight against brothers and parents against children. Everybody is under stress and more often than not old issues like sibling rivalry come to the surface, parties start talking to each other only through lawyers and the result is a litigation case.

This is the reason the province of Onatrio has established mandatory mediation procedure for estate matters. Estate mediation brings people with disputes related to the administration of estates together in order to work out a mutually satisfactory settlement with the help of a neutral mediator.

Mediation in estate disputes has many of the benefits of mediation in other matters. It is less expensive and quicker than a litigation process, it is confidential and sessions are held at times and locations convenient for all parties involved.

The biggest advantage of mediation in estate matters is that rather than just trying to decide who gets his hands on aunt Ann’s house as a litigation process would, it tries to uncover first what is the motivation behind each party’s position. In some cases, a sister is more interested in preventing her brother from having it, even though she does not want it for herself. Once interests are established, it is far easier to reach a mutually satisfactory resolution.

In 5 % of the cases mediation will not be successful, however, the very fact that all the interested parties come together to bring up their issues and be listened to reduces the tension. This opens the road to arbitration and other more productive alternatives to litigation. If you want to find out more about whether mediation is the right choice for you to settle your disputes, click here for free information: http://legalcanadacommunity.com/mediation#Disputes%20for%20Mediation

04.01.2010

Maya Kotcheva

$500 Fine for Cell phone Use behind the Wheel in Ontario

2009-12-30T06:49:00.001-08:00

I wonder what you do when your phone rings while you are driving. Maybe you are not like me, but if my children are at home alone, I would most certainly answer it. Well, not any more.

Starting February 1, the ban will come into full force. Ontario is the fourth province to pass this Law after Newfoundland-Labrador, Quebec and Nova Scotia. Drivers are given a grace period until the end of January to get used to the idea that they shouldn’t be using cell phones, iPods, DVD players while driving Police have issued warnings to motorists around the province for the past few months and will start issuing tickets in February. It will be an offence under the Highway traffic act; however, besides the $500 fine there will be no demerit points.

Transportation minister Jim Bradley states that his highest priority when signing this law was to guarantee the safety of the public. Government officials state that drivers are 4 times as likely to get into a car accident when they are speaking on the phone. Moreover, according to them, cellophane use slows down drivers’ reaction time more than alcohol or marihuana.

Fair enough. However, there are people, including me, who question the motivation behind this law. I feel that government is intruding into people’s private lives. I would like to keep my right to personal judgment when it comes to issued like that. I am a responsible person and a responsible driver, but there are some phone calls that just need to be answered right away. I surely do not need the government to play the role of a parent and tell me what to do and what not to do. There are many distractions that police cannot outlaw, like eating, drinking, talking to people in the car. Hopefully.

So, for the holiday season, what we need is to place the emphasis on disciplined driving, on avoiding distractions as much as we can so that everybody gets home safely. If you are interested more information on traffic or car accident issues, check out this link: http://legalcanadacommunity.com/motor-vehicle-accidents#Procedures%20at%20the%20Scene%20of%20a%20Traffic%20Collision

Happy New Year!

30.12.2010

Maya Kotcheva

Beware of Motor Vehicle Accidents Caused By Speeding

2009-12-24T00:44:00.000-08:00

With the holiday season approaching, many people travel in order to be close to their family. Hectic packing, present buying and wrapping, sorting out the kids and them we are finally on the road on the way to grandma’s house. So far so good.

Five hours later, children are bored and whining, spouse needs to go to the toilet and you are in the middle of nowhere. Grandma’s house is just an hour ahead, warm and welcoming. What a big temptation to step on the gas pedal. You give in, hoping police is not around. Congratulations – you just played the leading role in a typical scenario of a motor vehicle accident.

According to statistics, high-speed collision is one of the top five types of car accidents that happen most commonly. Most of us are guilty of over-speeding on certain occasions. Few realize how dangerous this can be. High-speed collisions are the ones, which most often lead to irreparable damage to the vehicle or death of passengers.

What drivers need to remember is that the faster they drive the harder it is to stop. Nobody ever sits behind the wheel expecting to be involved in an accident. We watch the news on TV but think:”It will never happen to me”. Well, if you are speeding, the odds are that it will happen to you one day.

If you become involved in a car accident, the important thing to remember is always to stop, no matter how minor it is. In Ontario, you can be fined or even go to prison if you try to flee the site of the accident. While waiting the police to arrive, you should collect the contact details of the other drivers involved at the accident, their vehicles’ license plate number and insurance details. You will need these details in order to make an insurance claim.

You can find more useful free information about how to file a claim with your insurers here:http://legalcanadacommunity.com/motor-vehicle-accidents#Making%20a%20Motor%20Vehicle%20Accident%20Claim
In order to be safe and for the safety of your loved ones, go easy on the gas pedal.

Merry Christmas!

Maya Kotcheva

24.12.2009

New Law Makes Divorce Easier In Ontario

2009-12-21T01:32:00.000-08:00

I recently met a friend of mine who is a family lawyer for one of our monthly tea-cake-and-chat sessions. With Christmas approaching, she told me she was very busy with multiple divorce and child custody cases, which she claims to be the most emotionally draining ones. Parents shouting insults at each other in the courtroom, often in front of their children and a hundred strangers are a common sight in a courtroom. However, on March 1, 2010 this is supposed to end.

Last Thursday Ontario attorney general introduces new changes in family law that aim at keeping divorcing couples out of courts. $150 million are going to be allocated to providing more legal advice at the earliest stage of divorce. Divorcing couples will have to attend mandatory information session, during which they will be informed about other options they have of divorcing without going to court. They will be urged to use mediation, arbitration and collaborative law in order to settle issues such as division of common property and child custody. This will save time, money and will save the children ugly scenes.

It is obvious that this is a very positive step forward. Divorce is always difficult, emotionally and financially. Divorcing parents and their children have to break up their routines, their family ties, friendships, and social ties, everything that gives them a sense of security. A litigation process is the worst method of solving private family issues. This is a case where mediation can help. Trained mediators can help the parents resolve assets issues and agree who will have child custody and under what conditions. Arbitration can also help as the process is less formal and confidential, this way the topics discussed are not heard by the general public.

Collaborative law is the last option before going to court. If the two parties are not willing or able to communicate civilly, then their lawyers will try to settle the case outside of the court. People must understand that going to court is the last resort if nothing else works.

So, my lawyer friend advised me, next time you hear somebody is filing for a divorce, do me a favour and advice them to try mediation first. The general public does not realize that life is no soap opera. Divorce hearings are really a trial for all parties and very detrimental for the kids. So, if you have to get a divorce in Ontario, do it the civilized way.

For more free information about divorce, mediation, arbitration and other legal matters in Canada visit www.legalcanadacommunity.com

AFTER THE DIVORCE: WHEN YOUR CHILD SAYS, “I HATE YOU MOM”

2009-12-11T05:00:00.000-08:00

Christmas shopping is something I really love to do. Happy parents all over the toyshops in town, their faces aglow with anticipation of their children’s “Wow thanks, dad” after they see the present. Christmas shopping makes us all feel that we are good parents and we are doing the right thing. However, some parents want to be good so much that they do it at the other parent’s expense.

Parent Alienation Syndrome is a new name for an old phenomenon. Children of divorced parents are particularly vulnerable, especially when it was a high conflict divorce involving infidelity or other highly emotional matter. We see it repeatedly – the custodial parent turning the child against the other parent. How do you know if this is the case with your child?

Well first of all, trust your gut feeling. Parents have strong instincts when it comes to their children, and if you feel your child’s attitude changing in the years after the divorce, take a closer look.

You may find that the custodial parent is trying to block you access to the child. They may say the child is sick or busy at school and try to prevent you from seeing you. As a result, your relationship with the child will deteriorate and he might not be willing to see you anymore. It is only natural, if the parent who takes care of him is making him choose one or the other parent, the child will try to internalize the custodial parent’s conceptions in order to survive.

Children are great survivors, when it comes to that. They learn to manipulate divorced parents, but not for gaining advantages as they would in a normal family environment, but purely for survival. They start telling half-truths and outright lies; they become experts at reading the emotional environment they are in. All these are survival techniques, again, trust your instinct, and if you recognize symptoms, it is time to do something about it.

The most effective thing to do is to go to court and seek change of custody. Any parent alienating their child against the other parent is defaulting on his parent rights. To find more free information on child custody and access, go http://legalcanadacommunity.com/divorce-law-canada#Child%20Custody,%20Maintenance%20and%20Access. And remember, the holiday season is near. Let us try to make it a magic time for our kids.

Have a nice Christmas!

When sorry seems to be the hardest word...

2009-12-09T23:27:00.000-08:00

This is a typical incident in my home; something gets broken, I confront my kids and no-one wants to own up or apologize for the accident. All I want is a simple 'Sorry Mom, I never meant to do it,' and a brief explanation of how the incident occurred so it can be avoided in the future. Instead the 'he did it' and 'it wasn't my fault' abounds until I point out that apologizing and taking responsibility will not result in punishment. By encouraging my kids to be honest, courteous and responsible have I actually invoked my own version of the Apology Act? So if as i presume, most parents act like me, could TV be responsible for our fear of making an apology in adult life? If we are bombarded by ads encouraging us to pursue legal action for minor incidents, is it any surprise that the state has to intervene and act as 'nanny.'

Canada should be a much pleasanter place to live now that Ontario has ratified the Apology Act. To date Ontario plus, BC, Manitoba, Alberta and Saskatchewan have adopted the somewhat farcical, but well meaning Apology Act.

The aim of the act is to get disputing parties to simply say 'sorry' for acts of wrongdoing in order to cut down on the volume of petty small claims and thus freeing up time for the more serious claims to be heard. Research has shown that most people involved in minor incidents like a bump in the car would have prefered the perpetrator to apologize for their wrongdoing rather than keep tight lipped. However, it isn't bad manners that have held most of us back from giving that all-embracing apology - it's the fact that apologizing may be interpreted as an admission of guilt. Indeed lawyers and many professional associations advise their members not to apologize - this is particularly apparent in the medical profession. The beauty of the Apology Act is that it removes the admission of guilt, meaning that a simple 'sorry' cannot be construed as 'it was my fault' in court.

Industries expected to embrace the Act are insurance companies, the medical and legal professions. Insurance companies should actively encourage their clients to apologize instead of taking minor incidents, such as a scratch to a vehicles bodywork to court. In the US, where several states have adopted an Apology Act there was a reduction in the number of litigation claims within the medical profession simply because a physician was now able to sympathize with his patient and put across the facts of an incident without his sympathy being misinterpreted as guilt.

The sad thing about our society is that an Act based on making an apology was implemented at all. Litigation for every minor incident has grown out of control and is often pursued for purely personal gain. Are we breeding a society of discourteous, money grabbers who are unable to settle their own disputes amicably without every incident signaling an opportunity to make some cash?

So next time a car scrapes past yours, or your coffee is served too hot, ask graciously for an apology or at least accept the one that you are offered and then get on with your life!

www.legalcanadacommunity.com

CARELESS DRIVING MIGHT SPOIL YOUR CHRISTMAS HOLIDAYS

2009-12-08T23:39:00.000-08:00

Careless driving can happen to any of us and even more so during the pre-Christmas rush. If you are like me and like to postpone Christmas shopping to the last possible minute, and then rush to the shops in one frantic effort to get it over with, beware!
Being in a hurry or being tired and distracted while driving is dangerous and might lead to your spending the holidays in hospital.

Careless driving is defined as "not driving carefully, being distracted, or driving without consideration of other drivers". So remember to stay calm when driving. Any argument with the other people in the car, talking on the cell phone, changing the CD or even eating and drinking while driving can cause trouble. You may react slowly to a traffic event such as a car slowing down or turning, or a pedestrian or cyclist on the road. This can result in a minor accident such as driving to the ditch and getting a flat tire or a major accident such as causing chain collision.

Whenever you are charged with a careless driving ticket by the police you have three options. You can plead guilty and pay the ticket or, alternatively, plead guilty with explanation hoping to get a lesser fine for example. If you feel that you are not guilty as charged, you may go to trial, and prove your position in front of a jury.

If you need more information on careless driving or other provincial offences, you can find if for free here:
http://legalcanadacommunity.com/provincial-offences-canada#Examples%20of%20Provincial%20Offences
So my advice for the holidays is: plan ahead and drive with caution.
Merry Christmas!

Small Claims Court or Mediation?

2009-12-08T23:37:00.000-08:00

Recently I had a dispute with my neighbour - let's call her Mrs Rubble for now. She was constantly dumping rubbish in the street near to my back gate. Now we're not talking a few sweet packets or the odd soda bottle, this woman was leaving festering mattresses, old carpets and trash bags crammed with lord knows what. When the dumping started, i actually removed some of the trash my self just to be neighbourly, but as she stock piled more stuff I started to get angry; I decided that the best course of action would be to visit her and ask her politely and tactfully to remove the rubbish from the street. Mrs Rubble was fine about it explaining that she was having renovations done and without a man in the house (she's divorced - Barney left three years ago)she had no-one to help her with the rubbish, but that she would get her brother-in-law, Fred to move it at the weekend. Satisfied i left and gave no more thought to the matter until the sound of breaking glass alerted me to an incident in the garden. Mrs Rubble had thrown a garbage bag laden with glass bottles and rotting veg by the look of it, at my greenhouse smashing the glass and damaging my plants. Perplexed I asked her 'what was all that about?' to which she hurled another bag and screamed that I had called City Hall's cleanliness inspectors and now she was getting a ticket for littering.

Of course I was annoyed, but the real issue was what to do next? Hurling something into Mrs Rubble's garden in a tit-for-tat fashion was not the proper way to solve this situation. I decided to sue in the Small Claims Court but I didn't want the expense of lawyers and decided to file the forms my self. It's time-consuming but relatively straight forward. When Mrs Rubble was served with her Dispute Note another foray or trash landed in my garden. I was starting to get nervous now; her irresponsible dumping had turned into full-scale war and I didn't feel comfortable living in this environment, but on the other hand I loved my home and wasn't going to move away for the sake of one neighbours discourtesy.

In the end the situation resolved itself in a somewhat surprising manner. My small claim was referred to mandatory mediation, which meant that rather than go to court, Mrs Rubble and I had to sit down with a qualified mediator and debate our issues. Beforehand we had to list a Statement of Issues describing what the problems were and because I was the person who had filed the small claim I got to arrange the mediation session with the Local Mediation Coordinator. At the mediation session, Gill our mediator took us through the issues one at a time with no interruptions and time for both sides to speak. It turns out that Mrs Rubble thought I had called the inspectors rather than allowing her time to get the stuff removed. Once she believed that I had not done this she was much more forth-coming in reaching a solution and in the end she sent Fred round to fix the glass, replace the plants and clear the garden.

From this experience i really feel that mediation is a better solution to small disputes than going to the small claims court. The meeting was conducted in an informal setting and it helped me maintain a better relationship with my neighbour.
For more free legal advice about mediation check out
http://legalcanadacommunity.com/mediation
or if you are certain the small claims court is the way forward for you visit
http://legalcanadacommunity.com/small-claims-court

FAMILIES THREATENED WITH PRE-CHRISTMAS EVICTION

2009-12-08T03:56:00.000-08:00

Christmastime is probably the most costly time of the year for families, and especially hard for families who rent their homes. With presents for the children, parents and in-laws and expensive food, not to mention the preparation for the New Year’s Eve party, it’s no wonder that many people find it difficult to pay their rent in December.
Sometimes this may mean that they may run the risk of losing their home. If you are a tenant, you need to remember that landlords can evict you from their rental property at any time of year for non-payment of rent. So, if Christmas preparations become too much and you have problems paying the rent, it is a good idea to speak to your landlord. Most landlords will agree to consider some kind of repayment plan to take you through the difficult times.
If, however, your landlord has given you an eviction notice before Christmas, and you feel that you have a valid reason for not leaving your home, you should contact the Residential Tenancy Board and file a dispute against the landlord. The Board will set up a hearing or offer to solve the conflict through mediation, but you are allowed to stay in your home until it has issued a final eviction order – of course, if the Board agrees with the eviction, you better leave rather than risk a visit from the local sheriff.
So, one thing to remember at Christmas time before you start thinking what to buy Great Aunt Greta this year, is – pay the rent first. It may mean a smaller turkey and fewer lights on your Christmas tree, but at least your children will have a roof over their heads for the holidays.

For more free legal advice for landlords and tenants check out http://legalcanadacommunity.com/landlord-and-tenant

The Season for Divorce

2009-12-08T03:49:00.000-08:00

The festive season is upon us and for many thoughts of peace and love begin to envelop us as we look forward to the Christmas holidays. Sadly the number of couples who split up over Christmas is high. Perhaps its because the abundance of turkey and tinsel is stiffling or just the fact that when most couples lives have run parallel all year, coming together for Christmas just opens up those little relationship chinks into massive chasms. All of those irritating comments, habits and cliches that bug the hell out of you all year are suddenly played out like a stuck record pushing many couples to bursting point.

If you feel the strain of Christmas past slowly creeping up on your relationship then maybe it is time to call it a day. Under Canadian law you don't have to site daggers over the Christmas pud as the singular reason for your marriage breakup; simply the breakdown of the marriage is the only legal reason needed to get a divorce in Canada and if you have lived apart from your partner for over a year this is evidence enough that the marriage is over.

So rather than strangle him with tinsel or put a home-made Christmas cracker filled with Semtex under her car, why not sit down and work together on how to divide up your assets and property as well as making decisions on the support, custody and maintenance of any children?

Whilst a divorce causes many different emotions, it is more cost effective if you both can reach an amicable decision together on these issues - and once you do get a divorce lawyer to draw up a Separation Agreement. This document - more meaningful than any Christmas card details all issues concerning assets and kids, but its only legally binding if you both sign it before a witness who is also required to sign.

Once this is done, get on with your own lives, but don't forget to file the Separation Agreement at your local divorce court when your year is up and you get around to filing the divorce petition.

Merry Christmas!
for more free legal advice on separation and divorce check out http://legalcanadacommunity.com/divorce-law-canada