canada legal aid

- In Canada, your work is automatically copyrighted when you make it. Your copyright is applicable to all the countries that subscribe to international copyright treaties.

- You may register your work with the Canadian Intellectual Property Office. This saves you a step when you need to challenge someone for copyright infringement. Registering a copyright takes approximately two months.

- Your entire copyrighted work or part of it can be can be licensed or sold.

Copyright Infringement

- Happens when one uses someone else’s copyrighted work without permission. (eg. reproducing, selling, performing, displaying etc.)

- You have three years, from when the act of copyright infringement took place, to take legal action.

- If you would like to use someone else’s copyrighted work and could not find the owner, you may ask permission from the Copyright Board.

Fair Dealing

- Copyrighted materials can be used for research, private study, criticism, review and news reporting.

- A copyrighted work may be performed by a school, church, and charitable organization.

Trademark

- a distinct logo, presentation, symbol, word, or a combination of them, that is used to identify a particular business or product. Trademarks are granted to the first user of the mark.

Types of Trademark:

1. Ordinary Marks

distinctive logos, symbols or words that are used to identify a product of a business or a business.

2. Certification Marks

are marks that certify that a product or service meet a defined standard.

3. Distinguishing Guise

the design of the product or packaging of the product that distinguishes it from others.

Patent

- A right for the exclusive manufacture, use and sale of an invented product or process. The Canadian government grants patent to the owner for a period of 20 years. Inventions may include processes, products, compositions, machines and methods.

Criteria for Getting a Patent:

1. Novelty

the invention should be new.

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1. Sole Proprietorship

- Business owned by one person.

- The owner and the business is considered as one under the law, and files only one tax return.

- The sole owner owns all the assets of the business.

- The owner is not eligible for employment insurance if the business does not succeed.

- The sole owner is responsible for everything about the business including legal liabilities and debts.

2. Partnership

- A business owned by more than one person, but is not incorporated. The owners are partners in the business.

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Both co-signers and guarantors are responsible for the loan if the borrower does not pay the loan.

Co-signing the loan means you and the other borrower are both borrowing the loan so the lender can ask payment from you  instead of asking the other borrower.

Guaranteeing the loan means that if the borrower cannot pay back the loan, the lender can then ask for the guarantor to pay for it.

Annulment

– when a court declares that a couple were never legally married and that their marriage was null and void.

Grounds for Annulment:

1. If one spouse was already married to someone else.

2. If one spouse was under the legal age to marry, and did not have parental permission, at the time of their ceremony.

3. If the person lacked the mental capacity to understand the meaning of marriage.

4. If the marriage was entered under fraud, duress and fear.

5. If the couple are closely related to each other by blood or by marriage.

6. If one spouse is unable to or refuse to consummate the marriage.

Divorce

– termination of marriage and the bonds of matrimony between married persons.

Grounds for Divorce:

1. Breakdown of the Marriage;  according to the Divorce Act, is established only if:

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Is it sexual? unwelcome? forced? ongoing? used to punish or reward someone?

SEXUAL HARASSMENT:

• Refers to UNWANTED sexual actions, gestures or comments.
• Happens at work or outside of work with co-workers or employers.
• In Canada, falls under Human Rights Law, a civil legislation, and not the Criminal Code of Canada although some Sexual Harassment Behaviours are also considered Criminal.
• May be reported to your provincial or territorial Human Rights Commission.

Types of Sexual Harassment

1.  Physical Contact or Threats of Physical Contact

Examples:

– constantly getting too close to you

– pinching, grabbing, brushing up against you

– sexual touching, touching inappropriately

2.  Intimidation

Examples:

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6 Instances Cops Can Arrest Without a Warrant:

1. If you are in the middle of committing a serious crime.

2. If they think you are about to commit a serious crime.

3. If they believe there is a warrant for your arrest.

4. If you have committed a serious crime.

5. If you committed a minor crime but would not identify yourself.

6. If you have committed a minor offence and the police believe you might destroy the evidence or repeat the offence.

When Disputing Traffic Tickets, Hire a lawyer …

• If you could go to jail
• If you could lose your license
• If you are charged with a criminal offence ( eg. Driving while impaired)
• If you want to plea bargain your charge

• The penalty for driving without insurance ranges from $2000 to $25,000 plus you have to pay for damages and injuries yourself.

• Drunk driving is a serious criminal offence.

• Driving in a way that endangers people is a serious criminal offence.

• Driving with a suspended license is a Federal Criminal Offence and an offence under Provincial Highway Traffic Act.

Speeding:

• It is difficult to dispute a speeding ticket when an officer had a radar to prove that you were in fact overspeeding.

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Why Fight a Traffic Ticket?

• To avoid or reduce fines.

• To avoid demerit points and license suspension.

• To avoid imprisonment or getting convicted.

• To protect your driving record.

Three Kinds of Traffic Tickets:

1. Provincial Offence Notice

• The most common type

• Your 3 Options with a Provincial Offence Notice :

a. Sign the ticket and plead guilty.

b. Plead guilty with an explanation – you must go to court and speak with the justice of the peace who has the power to reduce your fine, or give you more time to pay the fine.

c. Trial Option –you would have to attend court and dispute the charge.

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What is a Class Action Lawsuit:

• A proceeding that involves a group of people who join together to sue a business, a person or a government.

• A lawsuit involving a group of people who have suffered similar type of injury from the same person, business or government office.

With Class Action Lawsuits…

• It is important that the group filing the Class Action Lawsuit is represented by a Lawyer.

• Even if a Class Action Lawsuit has already started, individuals who have suffered the same from the same defendant could still contact and join the group who filed the lawsuit.

• Even after you have joined the Class Action Lawsuit, you may choose to opt out of it while the process is ongoing, provided you are not the main plaintiff.

• If your lawsuit is frivolous, you may end up owing money to your lawyer and the person you sued.

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