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Preparing For Your First Meeting With A Canadian Commercial Estate Lawyer

Posted by on May 3, 2016 in Uncategorized | Comments Off on Preparing For Your First Meeting With A Canadian Commercial Estate Lawyer

After hiring a competent lawyer to oversee your real estate legal issue, you will organize your first meeting. It is crucial to prepare adequately for this meeting to avoid wasting time and also speed up the settlement of the matter. Below is a guideline that will help you during your preparations. Gathering information During your first meeting, the commercial estate lawyer will ask for all the information pertaining to your business. They will ask for detailed background information pertaining to the business and your relationship to it. The lawyer will also want to find out if you have the legal authority to speak on behalf of the firm. You need to write down all this information in a logical manner before meeting the lawyer so that you do not leave out any relevant details.  Some lawyers will speed up the process of gathering information by sending you a questionnaire in advance. Ensure you fill out the form and submit it to the lawyer’s office before the meeting. Remember to keep a copy for your own company records. Before delving into the real legal issue, the commercial estate lawyer will ask the details of all the other parties involved in the tussle. Do not withhold any information as they want to ascertain that there is no conflict of interest before they agree to represent you. Bring all relevant documents In any legal matter, written documentation is of utmost importance. Even if the lawyer does not ask you to bring any documents to the meeting, it is good to bring a copy of all the papers that are relevant to the legal matter you want solved. Take some time and formulate a list of documents that you may need and retrieve them before the meeting. For instance, if the legal tussle revolves around business premise ownership, bring a copy of the sale or mortgage agreement. For lease disputes, carry a copy of the lease agreement. Do not forget to bring original and copies of the correspondence you received from, or sent to the aggrieved party. Also, provide evidence of any payments made by carrying copies of bank statements, receipts, and checks. Organize all these in a logical manner before the meeting.       Prepare questions Come up with a list of questions that you will ask the real estate lawyer during your first meeting. This is because the answers will help you to know the lawyer better and form a foundation for your professional relationship. Some questions you may ask include the number of contracts similar to yours the lawyer has handled, the paperwork pertaining to the case and how long it will take for it to be finalized, and how they will handle your situation. Also, remember to ask the approximate time it will take to resolve the matter and the estimated total legal fee you have to pay. Contact a firm, such as A R E Law, for more information....

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Four Things You Must Do To Avoid Personal Injury Lawsuits As A Homeowner

Posted by on Feb 8, 2016 in Uncategorized | Comments Off on Four Things You Must Do To Avoid Personal Injury Lawsuits As A Homeowner

In today’s lawsuit-happy society, it’s important to take safeguards to protect yourself from legal liability. This is especially true around your home — your most expensive asset. Here are four things that every homeowner must do to protect themselves from liability in a personal injury lawsuit. Keep Your Dog On a Leash You are responsible for keeping your dog under control at all times. If it bites someone, you will be held responsible for paying their medical bills in a personal injury claim, and animal control may also be called. No matter how big your yard is or how well behaved you think your dog is, never let it run free. You never know what could suddenly set it off. When you go outside, keep it on a leash unless you are inside of a fence. If you have a fenced yard, make sure that the gates close themselves automatically, there are no gaps between sections where your dog can squeeze through, and that your dog can’t dig under the fence. Enclose Your Pool If something happens to a child in your pool, you are responsible. This is even true if they have to wander across your 20-acre property from 5 houses over before they fall in. Under the law, a pool is considered an attractive nuisance which means that you have an extra duty to keep trespassers safe even if they shouldn’t be there. Your pool must be completely surrounded by a fence or a screened enclosure with gates that cannot be opened by children. For the safety of your children and your guests, you also should avoid having a back door that opens directly to the pool. A fence or gate should block this path as well. Keep Your Sidewalk Clean Homeowners are responsible for maintaining the sidewalks in front of their homes. This includes keeping them clear of yard debris, snow, and ice. Be sure to clear them as soon as possible after a storm. If you see cracks, notify the city so that a repair can be scheduled. Prune Your Trees Falling branches can cause major property damage or serious injuries. An untrained homeowner cannot reliably recognize when a tree or branch is unhealthy and at risk of falling. You should have a trained professional inspect and prune your trees annually. The small cost is far less than the potential hassle of a lawsuit. To learn more about your potential liabilities as a homeowner or to get help defending a personal injury lawsuit, contact a local personal injury lawyer, like those at FrascaKim Lawyers,...

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Is It Illegal To Live In Your Leased/Rented Business Space?

Posted by on Sep 25, 2015 in Uncategorized | Comments Off on Is It Illegal To Live In Your Leased/Rented Business Space?

In the first season of the show Better Call Saul, the main character is attorney Jimmy McGill, and he rents an office inside the building but behind the beauty salon. He also lives there secretly and it was quite humorous to see him hurriedly transform his space from a office into very makeshift sleeping quarters and vice a versa.              Can you get away with this sort of thing in real life? It depends on several variables. The Landlord and the Lease  In Jimmy’s case, evidently the landlady (presumably the owner of the salon) was willing to look the other way, which could also happen in real life. If you are honest about your intentions, your landlord may even consider making some modifications to the property for your needs, provided it is legal for you to live there otherwise. If you have signed a lease, you are bound by what it says in the lease. A lease is a legal contract when signed by both parties (the landlord and lessee). If the lease says the space must be used for business space only and specifically forbids habitation, then they have the right to take you to court and local/state procedures to evict you for breaking the rules. Some leases even specify additional fines for not following the terms of the lease. Insurance One thing that would deter a landlord from allowing you to live on the premises is insurance. Their insurance could prohibit the use of the building for anything but office space or other types of business use. Your living there could become a liability to the landlord. Local Zoning Ordinances To live in your business space legally, it would need to be zoned both for business and residential use. You or your landlord could risk being fined by the local building and zoning office. Besides the zone, there are probably certain other requirements that need to be met such as: Specified areas and facilities for bathing, toileting, living space, Two ways to escape the building in the event of a fire or other disaster, or Having smoke detectors and CO2 alarms. Other Considerations You should consider the hazards of living in your workspace. If you are using harsh or toxic chemicals in your business, this could pose a house hazard to yourself and anyone who might stay with you such as a spouse or a partner.  If you lived there in your business premises with a child, and the conditions there could cause harm to them, Child Protective Services (CPS) could get involved. Legal Advice If your landlord is amenable to you using the space for a dual purpose, but the local statutes or rules prohibit it, you should consult a real estate lawyer {like those at real estate LA Law} for specific advice on the...

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Brought Your Car From The US Into Canada? Here’s What You’ll Need To Bring To Have It Registered

Posted by on Sep 1, 2015 in Uncategorized | Comments Off on Brought Your Car From The US Into Canada? Here’s What You’ll Need To Bring To Have It Registered

If you have recently moved from the United States into Canada—either permanently or only for a little while—you might have chosen to bring your car into the country rather than purchasing a new one upon your arrival. In many cases, this is not a problem at all, although you might have had to go through a little bit of trouble at the border in order to bring it in. In order to operate the vehicle legally in Canada, however, you will need to have it registered to your name and your current Canadian address. These are a few things that you should bring to the Calgary registry offices to ensure that the process goes quickly and smoothly. 1. Importation Paperwork When you brought your vehicle in through the border, you should have been given documentation regarding your car’s importation status. Basically, this paperwork just shows that you went through the proper steps with customs and that your car has been brought into the country legally. Make sure that you bring along any documents that you might have been given at the border when you are registering your vehicle. 2. Insurance Information Don’t forget to switch from your American insurance to a Canadian policy. The good news is that you might not even have to change insurance companies, since many big-name companies that provide coverage in the United States also offer auto policies to Canadians. Make sure that you have everything in-line before registering your car, however, so that you can avoid any problems. You will also need to bring in proof of your Canadian auto insurance when you register your vehicle. 3. Proof of Address You are probably just now establishing an address in Canada, but you will still need to prove that you reside in the province that you will be registering you car in. A lot of different documents can serve the purpose of proving your new address. For example, you can typically bring in a copy of your lease or a copy of a bill from one of your new utility providers. 4. Proof of Identity You are going to have to prove who you are in order to register your American vehicle in Canada. Bring your passport, your visa or your government-issued identification to avoid any problems. Registering your American car in Canada isn’t as tricky as it might sound. If you bring along these things when you head to a local registry office, you should be able to get the job done...

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Debt Consolidation As A Freelancer

Posted by on Aug 10, 2015 in Uncategorized | Comments Off on Debt Consolidation As A Freelancer

Freelancing can be a rewarding and challenging career, but it can also be filled with pitfalls you might not think of. For example, if you are drowning debt, it can definitely be much harder to settle that debt with a creditor than if you had a brick-and-mortar job. However, it is possible to get a debt consolidation loan as a freelancer if you are prepared to work for it. Consolidate All Credit Cards into a Low-Interest Card The first step you can take is to consolidate all your existing credit cards into your lowest interest one. This will help only if you still have good credit and are able to get a low-interest card from your bank. You could also opt to apply for a secured credit card with your bank, or with the bank with the best interest rates, and transfer your amounts from the other cards over a bit at a time. This may take longer, but you will pay back less in interest and more to the principal. Debt Consolidation Loan Through Your Bank This is where it gets a bit tricky for a freelancer. To get a loan from a bank or credit union, you need to provide some form of income statement to prove you are able to pay this loan back. This isn’t always possible for a freelancer, as many creditors and banks don’t consider freelancing a viable or steady income. If you own the majority of your house, you could opt for a reverse mortgage for the amount you owe. You could also try to negotiate a lower amount with your creditor and use any existing assets such as a cottage, house, RRSP or other fund you may have to secure the loan. You may also need a co-signer — one who has a job with a weekly paycheque. Proof of Income Since as a freelancer, you don’t have an employer with whom you receive a T4 or pay-stubs from, you could contract your clients and ask them for proof of income from them. This could be in the form of a letter, simply stating that yes, you have worked for this company and for how long. You could also print any online payment statements from whichever payment processing company you use. These are usually very detailed and will have the name of the client’s business as well as the amounts paid. It’s a good idea to have at least a year’s worth of information to give to your bank or credit union to secure the loan. Consolidation Loan Online It is possible to obtain a debt consolidation loan online from a reputable lender. Check out each lender first with the Better Business Bureau, look for complaints, and check for reviews from reputable sites. Make sure the lender can do business in your province and get everything in writing first. Stay away from those that guarantee a loan regardless of your credit score, and never pay any upfront fees. If you’re struggling to consolidate your debt as a freelancer, a credit counselor, like those at David Reynolds & Associates, may be able to offer more advice specific to your...

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4 Benefits To Hiring A Divorce Lawyer

Posted by on Jul 21, 2015 in Uncategorized | Comments Off on 4 Benefits To Hiring A Divorce Lawyer

No one likes to think, talk about, or go through the process of divorce. If you feel that your marriage is at the point where a divorce is necessary, it may be worthwhile for you to hire a divorce lawyer. He or she can help make the experience less stressful and can guide you through all legal choices. Take a look at the following information to better understand the benefits to hiring a divorce lawyer.   Help You Negotiate You want to make sure that you get the best possible results after a divorce so that you can continue living your life comfortably and without fear. Your lawyer is there to help you negotiate with your ex-partner. He or she will work to talk through decisions carefully and calmly in order to minimize fighting. It’s possible to reach an agreement that both parties are satisfied with, and your lawyer will help you do this.  Make the Process Go Faster Working with a lawyer can help to make the process go faster. Your lawyer understands the time requirements that are in place and can work to negotiate quickly so that everyone is able to move on with their lives. If you’re going through a divorce without legal counsel, it can take a long time. Your ex-partner may also stall through the various steps, which can be frustrating.  Have the Best Interest of Your Child If you have a child, you want to protect him or her during the divorce process. Your lawyer will work with you and your ex-partner with the best interest of your child in mind. This can help to keep decisions from being clouded by arguments. Instead, your lawyer will outline a child custody plan that benefits your child, and makes it possible for him or her to live a happy and safe life.  Make Sure You’re Being Treated Fairly Your ex-partner and his or her lawyer may come to you with terms that are not fair. You want to make sure that you’re agreeing on terms that make sense and are fair to you now and later in life. Your lawyer is there to review all documents and ensure that you’re not being taken advantage of.  As you can see, it’s beneficial to have a divorce lawyer on your side. If you have any questions, or if you’d like to schedule a legal consultation, contact a local divorce lawyer (such as one from Wise Scheible Barkauskas) today to learn...

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Four Reasons Your Small Business Should Hire A Lawyer On Retainer

Posted by on Jul 2, 2015 in Uncategorized | Comments Off on Four Reasons Your Small Business Should Hire A Lawyer On Retainer

If you have a small business, you might be clueless when it comes to needing an attorney and possible legal troubles you could face down the line. If you have just started your business, you might not think that you need a general practice attorney, such as the Binsky Whittle lawyers in Mississauga, on retainer. Here are four reasons why every small business should think about hiring a lawyer to be in their corner through thick and thin. 1. Backup to Grow Your Business If your business is just starting out and is slated to grow, it is important that you put the tools in place for this to happen seamlessly. Part of this is hiring on a lawyer, much like you would an accountant or other business professional. When you have more assets to protect and more staff on hand to manage, a lawyer on retainer will be there for you if any problems arise in the future. Protect what you have built by having a lawyer you can trust from the beginning. 2. Don’t Be Burdened With Unexpected Legal Fees If you have a lawyer on retainer, you won’t be hit with steep fees when you are in trouble. If you run into legal issues down the line, you will already be covered. If you have the foresight to understand that you quite possibly will need a lawyer as a part of your business model, this will never be an expense that sneaks up on you. 3. Lawyers Can Provide Other Services Lawyers are good to have around to keep your bases covered on day-to-day business details and documentation. If understanding the fine print isn’t your strong suit, having a lawyer on retainer will keep your business protected. There will be business agreements, notarizations, and other financial documents that you might want a professional in your corner to look over. 4. Prepare for the Worst A lawyer on retainer will be ready to represent you if you are served with court papers or have been slapped with a lawsuit. You can immediately hand this over to your general practice attorney and have them get started on representing you. If you aren’t prepared for a lawsuit, you’ll waste precious time that you could be spending on building your case with your lawyer. Even if your business is small, you still need to protect yourself and your business. If you can budget in a lawyer on retainer, you are making the right steps when it comes to your business’s future. Don’t wait until something unexpected happens to source a lawyer. Find a general practice attorney that can be there for you from the...

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Living Wills And You: 3 Commonly Asked Questions

Posted by on Jun 9, 2015 in Uncategorized | Comments Off on Living Wills And You: 3 Commonly Asked Questions

Nobody looks forward to addressing their end of life decisions. Yet specifying your wishes in a legal document can be of great benefit–not just for your family but, in some cases, for you as well. If you are considering creating a living will but would like to learn more, read on. This article will address three commonly asked questions about living wills. What is the difference between a living will and a regular will? The type of will most people are familiar with–also known as a regular will–is used to determine how your possessions and assets will be disbursed after your death. On the other hand, a living will, also sometimes referred to as an advance health care directive, provides a legally binding overview of your end of life wishes regarding medical treatment and care. Living wills are consulted in cases where an individual is no longer capable of making and/or expressing such decisions on their own. For instance, they often come into play for those who have suffered strokes, or are in comas. In the absence of a living will, there is no way to guarantee that the decisions made for you will be the same as those you would have made for yourself.    Do I need to hire an attorney to create a living will? Legally speaking, no, you are not required to consult or hire an attorney to create a living will. However, those without the requisite background often find the process more difficult than they had imagined. In such cases, a wills lawyer can offer a highly specialized body of knowledge. Their expertise will allow you to create a truly comprehensive document, taking into consideration a variety of circumstances and scenarios that may not have occurred to you otherwise. If you have decided to draw up a living will by yourself, you make ensure that it complies with all of the relevant statues set out by your state of residence. In addition, to make it legally binding, your completed will must be notarized if your primary residence lies in Tennessee, North Carolina, or South Carolina. Without notarization, there is no guarantee that your directives will be obeyed. Can I make changes to my living will later on? Yes, you are free to redact or revise your will at any time. However, in order to ensure that the changes are binding, you must be sure to follow the same process used to create the original will. It is also your responsibility to make sure that copies of the revised version of the will are disbursed to the people you have entrusted to act on your behalf. Copies of previous versions should then be destroyed, in order to avoid unintended confusion....

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Yay, You Won A Sweepstakes! Now What?

Posted by on May 13, 2015 in Uncategorized | Comments Off on Yay, You Won A Sweepstakes! Now What?

If you thought extreme couponing was intriguing, you’ll be knocked off your feet by the number of people addicted to entering contests and sweepstakes. Sweepstakes winners may win anything from shopping sprees and high-end jewelry to cars and vacations. If you’re new to extreme entering, then you probably don’t know how the process works of claiming a prize. Your hard work doesn’t stop once you’ve won. This is how it works. Step 1 – The Good News Of course, after you have entered a sweepstakes, you will receive a notification if you have been selected as the winner. This notification can come anytime from a few weeks to a few months after entering, depending on the length of the contest and the type of prize. Notifications are generally made by phone or to the email address you listed when you signed up. Few notifications are made through snail mail. Step 2 –  Once you get the notification, the ball starts rolling. Now, it’s time to verify the authenticity of your win and review the information in the notification. If you were notified by email, you can typically respond stating you are the person listed and you accept the winnings. If you were called by phone, expect to receive a packet in the mail in the following weeks. This packet (which will be sent by attachment for email notifications) will outline exactly what you won and the next steps you must follow to claim your prize.  Step 3 – Documentation Some sweepstakes sponsors require you to complete and return an affidavit in order to get your winnings. The affidavit is a legal document that you must sign in front of a notary (like those at Integra Law Group) attesting to your identity, confirming that you have not broken any rules in the contest or committed any acts of fraud. If the prize you won amounts to more than $600 US money, then the winner has to supply their social security number for tax purposes. A 1099 will be mailed to the winner in order for you to claim the prize on your taxes. Step 4 – Exceptions Typically, if a contest is open to both American and Canadian participants, Canadians will be subjected to a skills-based question only before he/she can claim a prize. However, many American companies may not be aware of Canadian promotional regulations and subject the winner to pay taxes if the prize is worth more than $600. However, in most cases you should be able to consult with a tax lawyer to have these taxes dropped since you are not an American citizen. Step 5 – Wait and Enjoy After you have returned the affidavit with an official notary seal, your prize will be sent to your mailing address within a matter of weeks. Sometimes, depending on the value and size of prizes, it may take longer before you receive it....

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Pros And Cons Of Joint Custody

Posted by on Apr 17, 2015 in Uncategorized | 0 comments

If you are currently going through a divorce and have minor children, a big decision to make is whether you want to ask for sole custody or joint custody. Joint custody, also called shared custody, allows you and your spouse to each have physical and legal custody of your children. You can choose how to make the arrangements, such as you having them during the week, or splitting up the time every few days. You may have them in your home from Monday to Thursday, and they stay with your spouse from Friday to Sunday. Regardless of how you work it out, there are things to consider first. Here are the pros and cons of choosing joint custody. Pro: Each parent gets quality time with the children This is actually a benefit for both the parents and the children. You and your spouse will be able to spend close to an equal amount of time with your children, so neither of you feel like the situation is unfair or unjust. This can help you adjust to the divorce just as much as your children. For the children, it is often the preferred method as it helps them get used to this difficult transition. Con: Scheduling can become complicated If you are currently not getting along with your soon-to-be ex-spouse, it can be difficult having to arrange schedules and planning of the days you will have the children in your home and vice versa. There may come a time when you need to change the arrangements, and fighting or arguing really gets in the way of that. Even if you are currently on friendly terms, the scheduling conflicts often become frustrating. Pro: It encourages open communication It is important to keep communicating with your spouse if you have children together. With joint custody, you have a reason to keep speaking with them, and this is good for the children. You will keep conversing back and forth with shared custody, which helps you continue making decisions together for the best interest of your children. Con: The children are moving around often One of the biggest disadvantages to a joint custody arrangement is that your children will be bouncing around a lot. It may feel like they don’t have a home or stable place because they split their time between your house and your spouse’s. You might find that it is easier to have them during the entire school week, while your spouse has them on the weekend. The closer you live to each other, the easier it will be on the kids. Pro: You get a break from parenting Being a single parent is difficult, especially in the beginning. With shared custody established through divorce law in Calgary, you still have time to get your own things done while the children stay with your spouse. This is another benefit to joint custody that is especially advantageous during the transition period. You don’t have to worry as much about childcare when you have last-minute things come up, as your spouse may be able to take your children on those...

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