When Planning to Sue….

I. CHECK YOUR BIRTH CERTIFICATE. You must be at least 18 years old in order to start a lawsuit. Also, make sure you are of sound mind and not crazy.

II. Even though you can sue anyone, make sure that the person you are suing, or the person who is responsible for the person you are suing has something in the bank to pay for damages.

III. DON’T BE CHEAP. Consult a Lawyer. If you do not get legal advice to make sure your claim is valid, the person you are suing could counter sue you and you might end up having to pay thousands of dollars of court fees and damages.

Steps When Suing Someone:

1. Contact Lawyer For Assistance

2. Lawyer Writes The Statement of Claim

3. Other Party Writes Statements of Defense

4. Attend Examinations for Discovery

5. Issue Pre-Trial Motions

6. Participate in Trial

How to Sue

• A civil lawsuit is a legal procedure that deals with private or civil rights and obligations.

• A civil lawsuit is started when an unresolved dispute arises over the private rights or obligations of two or more parties.

• Civil Cases include different types of disagreements in areas ranging from personal injury to contract disputes.

Common Types of Civil Lawsuits:

1. Personal Injury

2. Breach of Contract

3. Slander or Libel
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The Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedom is a part of the Constitution which is the supreme law of Canada. In general, all other laws must be consistent with the rules in the Constitution.
The Charter contains the rights and freedoms that Canadians believe are essential in a free and democratic country.

Some of the Rights and Freedoms in the Charter include:

·         Legal rights of people accused of crimes

·         Freedom of Expression

·         The right to live and seek employment anywhere in Canada

·         Equality

·        The right to a democratic government

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Legal Aid is a Canadian government program that offer low- income clients free legal help in various types of legal problems. The examples of areas of Law covered by Legal Aid in Canada are Immigration/Refugee, Civil, Criminal, Family, Poverty and Appeals.

3 Kinds of Legal Aid in Canada

1. Lawyers in Private Practice

– the government gives out legal aid certificates to eligible individuals and the clients use the certificates when hiring Lawyers in private practice. This program is mainly used in AB, BC, MN, NB, NT

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You Need A Lawyer When…

•  Buying a Property
•  Filing a Lawsuit
•  When You Get Charged with a Crime
•  You Get Arrested
•  Signing an Important Document
•  Preparing a Will
• You are Involved in an Accident
• Getting a Divorce

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Employment regulations are governed by Provincial and Federal Legislation. Provincial Legislation covers almost every type of employers, except industries within the Federal Government jurisdiction. Provincial and Federal employment laws provide standards for subjects such as minimum wage, severance pay, overtime pay and such. Basically, employers are responsible for balancing employee’s rights and employment standards when making decisions for their business.

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Arrested? Charged? Now what?

If you have been arrested or charged with a criminal offence you are probably wondering what kind of legal aid or information you need. While not a substitute for legal advice, this article can provide you with some basic answers to your questions about the law and the legal process.

Your first concern is learning what your rights are. The following list is just the starting point. These answers are general and do not apply in every situation.

1.) The Charge.

One of your rights is to be informed of the charge against you. Usually, a charge is a formal accusation, made by police, that you have committed an offence. That offence is listed on a piece of paper called an Information. If you are formally charged with a criminal offence, you will get a copy of this.

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Why You May Need the Help of an Immigration Representative:

1.      Immigration laws are ever-changing.

Instead of having to keep up with the these changes, you could instead spend your time at work and with your family. Hiring a lawyer or a trained immigration representative could save you from undue stress.

2.     Some immigration representatives offer a money-back guarantee.

If you do not get approved with your immigration application, they won’t charge you.

3.      Applying to immigrate is a very important process in your life

It is one that many people feel safer leaving to the professionals.

4.      Simple mistakes on your immigration application mean long delays in the processing of your papers

Immigration representatives, because of their experience with a lot of applications, can see mistakes on your application that you might overlook. Mistakes include incorrectly filling out the forms or even applying under the wrong category or class.

Tips on Choosing Your Immigration Lawyer or Representative:

1. Make sure they are members in good standing of their provincial or territorial Law Society if they are lawyers, the Canadian Society of Immigration Consultants if they are Immigration Consultants, and the Chambre des notaires du Québec if they are Notaries.  
2. Ask people who have gone through the process. See if they used a representative and get some feedback.   
3. Don’t be afraid to ask questions. Find out how long the immigration representative has been in business and what their success rate is. Ask them what their services and their corresponding fees are.   
4. Check websites that give reviews on immigration representatives, consultants and lawyers.

Canada Provincial Nominee Program: The Easier and Faster Way to Immigrate to Canada

The Government of Canada has an agreement with most of the provinces, allowing them to nominate immigrants to settle in that province.  Next to spousal sponsorship, this process is faster than applying to sponsor your family directly through Citizenship and Immigration Canada (CIC). It is also much faster than applying through several other categories or classes, such as the Skilled Worker without a Sponsor in Canada.

When your application for the Provincial Nominee Program is accepted, your application has a strong success rate and you can bring your family and dependents along with you.

For the most part, the applicant needs to show they have education, skills, and work experience that would benefit the province.

The requirements for the amount of skills, education, and work experience vary among provinces. It helps when you have a family member residing in that province too.

Compare the following CIC statistics from July 2008 to June 30, 2009. This is after the sponsor has been approved and assuming there is no mistake in the application. Notice how much quicker the processing time is for the Provincial Nominee applications.

Family Class : Dependent Children

Family Class : Parents and Grandparents

Provincial Nominee:

Skilled Workers Without A Family Sponsor in Canada

CIC ( Citizenship and Immigration Canada) provides what is called the Working Canada Tool which shows detailed information on the job opportunities available in the province or city in which you wish to live. With their The Working Canada Tool, you can see how much the job you do pays and the demand for it., and it will give you an idea as to what you could study to be more competitive in the field.

What’s the difference between Small Claims Court and other courts?

In Small Claims Court, the rules and procedures are less complicated and less formal so that people can more easily represent themselves. This is why it is often called “the people’s court.” It can also be more economical to go through Small Claims Court because people often don’t use a lawyer and because the fees for filing are usually less expensive.

The Judge in Small Claims Court is often experienced in working with self-represented parties and will not expect you to speak like a lawyer or argue legal technicalities.

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What is the process or procedure?

The following is a very brief overview of the process of going to Small Claims Court. Some further reading will be helpful if you do in fact decide to go to court. Suggested further reading includes court websites, government websites, free legal information services such as Pro Bono clinics, student legal information clinics, the Public Legal Information Association in your province, or library books such as Lee Stuesser’s An Advocacy Primer.

1) Plaintiff  (person suing)

Contacting the Court

First, you will need to contact the nearest Small Claims Court to ask them what to do. Generally, most Small Claims Courts will require you to make an appointment with the Clerk. To prepare for  the appointment, you will need to create something called a Statement of Claim, as well as bring in relevant documents like contracts and invoices. You will also need to know the Defendants name. These requirements will be discussed in more detail below.

Naming the Defendant

This may seem obvious, but be careful. If you make a mistake when you name the Defendant, even if you win the case you may not be able to enforce the judgment against the Defendant. Don’t use nicknames or shortened versions of a persons name; use their legal name.

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