Lawyers
Practice Areas
Consultations
Newsletters
Publications
Press Releases
Photos
Community Connections
Links

Canadian Public Security Law
The passage of tough anti-terrorism legislation, in the wake of the tragic events of September 11, 2001 has resulted in a host of amendments to the Criminal Code, the Access to Information Act, the Privacy Act, the Personal Information Protection and Electronic Documents Act and to several other public security statutes.

Corporate & Commercial
Whether you are the sole owner of a business, or involved in a partnership or a corporation you will require legal advice on taxation issues, insolvency issues and corporate issues. Partnerships should seriously consider partnership agreements, as prevention is always better than litigation. The creation of a corporation should be done very carefully keeping in mind the rights and obligations of directors, officers and shareholders. Before carrying on a business, one should also consider municipal, provincial and federal regulations and licensing requirements. Finally, the primary concern of a business is to pay as little tax as legally possible. For example, a Canadian-controlled private corporation is entitled to a federal small business deduction and a lower provincial tax rate.

Family Law
Divorces and separations are perhaps the most difficult situations most people will ever have to endure. You are expected to make very big decisions while living through a very emotional experience. Who gets custody of the children? Who gets the house? Must I pay spousal support? Must I pay child support? Must I make a financial disclosure? In order to make the correct decisions you need to know your rights.


Federal Access to Information

The access to information legislation provides to ordinary citizens and businesses, large or small, a right of access to all federal government held records, subject to specific statutory exemptions. One of the remarkable features of this legislation is that one does not need to justify his or her request or demonstrate any need to know. It is therefore a uniquely responsive provision which can be focused on any area of official activity in which an ordinary member of the public may take an interest. By having a lawyer exercise this right on your behalf, your identity is protected by the client-solicitor privilege. A lawyer familiar with this legislation can assist you to obtain the disclosure of the pertinent government-held records you are seeking.

Grievances and Harassment in the Workplace

Both the Canadian Human Rights Act and the Canada Labour Code protect employees from harassment related to work. Provincial human rights laws also prohibit harassment, and the Criminal Code protects people from physical or sexual assault. Ultimately, employers are responsible for acts of work-related harassment. Employers control the organization, and are therefore the only ones who can actually reverse the negative effects of harassment and ensure a healthy work environment. So no matter what kind of workplace you own or business you operate, you have a responsibility to make sure your employees do not experience harassment. If harassment does occur, the employer must show that it did everything it could to prevent it, or to alleviate its effects. Normally, a union has procedures allowing an employee to bring a grievance in certain cases of alleged harassment. Under the National Defence Act, the Canadian Forces also have their own grievance procedure for military personnel. Alternatively, a complainant may, within one year of the behaviour complained of, file a complaint with the Canadian Human Rights Commission if the harassment was because of race, national or ethnic origin, colour, religion, age, sex, marital status, family status, physical or mental disability, pardoned conviction, or sexual orientation. Often, it is wise for a party to seek legal advice before submitting a grievance or filing a complaint with the Human Rights Commission.

Intellectual Property Law

Whether you are an artist creating works of art or a software company licensing or owning intellectual property, you need to know your rights under the Copyright Act, the Trade-marks Act and the Patent Act. It is important to protect your rights in a licensing agreement so that you can benefit from the fruits of your labour. As an employee do I have rights over intellectual property that I am creating for my employer? Can a company create or own intellectual property? What happens when there are many people creating intellectual property together?

Litigation
Litigation is often very expensive and is usually used as a last resort. This is why there are many alternatives to litigation such as mediation, arbitration, etc… (many alternatives are mandated by law in particular situations). When can you sue? Who can you sue? Can you be sued? How much can you sue for? Should you sue? These are important issues you should determine before you consider litigation as a serious option.


Military Law

Military law is the substantive body of law which defines the rights, authority, obligations and duties of the Canadian Forces and Department of National Defence its members and servants. It incorporates a number of distinct military aspects of established substantive bodies of law practiced by civilians such as tort law, administrative law, intellectual property, employment, and international law, etc. However, two areas do not exist outside the substantive area of Military Law: the Military Justice System and Operational Law which governs the conduct of military operations. Besides the Law of Armed Conflict which includes but is not limited to the Hague Rules as well as the four Geneva Conventions and Additional Protocols), the core of military law includes the National Defence Act including the Code of Service Discipline, the Canadian Forces Superannuation Act; the Queens Regulations and Orders.

Privacy Protection

Increasingly, Parliament has recognized the individual’s right to privacy and the right of access to personal information, although these rights are not absolute. The federal privacy legislation in the form of the Privacy Act and the Personal Information Protection and Electronic Documents Act provides increasing protection for the personal information of individuals under the possession or control of either federal government institutions or in the course of commercial activities. It also provides a right of access to records containing personal information.


Real Estate
For most people, the purchase of a new home is the biggest purchase of their lives. You may be so excited that you may not consider the legal implications of your purchase. You want to make sure that you have good title, that there are no Planning Act violations, that there are no unpaid taxes and that there are no restrictions on the use of your property (among many other things). You need to know about title insurance, about ONWHP for newly built homes, about the GST New Housing Rebate, about the Condominium Act for condominium purchases, about your loan transaction (mortgage), and about many other related things. You also need to know what are your remedies if something goes wrong.

Tax Law
Almost everything you do these days has a tax implication. The law is no exception. There are tax implications in family, real estate, estates and commercial situations. There are many deemed dispositions that are imposed by the Income Tax Act which may have devastating effects on transfers of property. Find out what your rights are. A particular tax rollover (deferral) may apply to you or your business.

Wills & Estates
No matter how small your estate may be, everyone should have a Will. You may be surprised how many beneficiaries fight over the estate of a deceased. A Will can ensure that the right people get what you give to them when you die. Everyone should also have a Power of Attorney for personal care and a Power of Attorney for property. If you become incapable of managing your own property and/or incapable of making decisions as to your own personal care, the State can appoint a Guardian to take care of you. This may not be what you want. Therefore, if you want a trusted friend or family member to take care of you in this time of need you should seriously consider a Power of Attorney.

 


Copyright © 2003 Barrick Poulsen, LLP. - All rights reserved.