Law Degree Journal

Ontario has had a history of problems with people who drive their vehicles faster than the posted speed limit and drivers who participate in illegal street racing. To combat speeding problems and reduce the number of car crashes, the Ontario government implemented a new speeding law.

Ontario’s new speeding law penalizes drivers caught speeding 50 km/h over the posted limit. The law has had a positive effect curbing speeding. In the first month of implementing the new law, more than 1,300 drivers were caught breaking the law.

Ontario’s new law carries the toughest penalties of any speeding ticket in Canada and the United States. Penalties for driving 50 km/h over the speed limit as posted by 50over.ca include:

First Time Offenders

- $2,000 – $10,000 Fine

- 7 Day License Suspension. You’ will also need to schedule getting a new drivers license.

- 7 Day vehicle impoundment. The OPP (Ontario Provincial Police) will likely request a tow truck, and have your vehicle towed from the spot where you are pulled over.

- 6 Demerit Points

- Towing and 7 day vehicle impound storage fees

- Possible driver’s license suspension for a maximum of 2 years

Repeat Offenders

The speeding offense stays on your record for 10 years. If you are caught speeding 50 km/h over the speed limit a second time within 10 years of your first offense, you will face a potential driver’s license suspension of up to 10 years.

Demerit Points

Convicted drivers will receive 6 demerit points for speeding over 50 km/h over the posted speed limit. New drivers (Class G1, G2, M1 or M2), who have 9 demerit points will be required to attend an interview to explain why their driver’s license should not be suspended. Fully licensed drivers will have to attend an interview to explain why their driver’s license should not be suspended. At 15 or more demerit points, a driver will receive a 30 day license suspension.

Insurance

A big cost of being convicted of a speeding offense is the increase in insurance rates. If you are convicted, your insurance rate will skyrocket. Some insurance companies may cancel your insurance. If you have to get new insurance, it will be very expensive

If you are caught driving 50 km/h over the speed limit, your vehicle will be impounded right away. You will have to arrange for your own transportation home and you will have to pay for the towing and impound fees. The police state that there is no right of appeal in the case of a suspension or impoundment. Individuals usually convicted of the speeding offense include 80% males and 50% age 27 or under.

50over.ca cites a number of statistics showing that the new speeding law has been effective:

- 8,459 charged in first year

- 23 charged daily

- 41% convicted on the charge

- 39% have charges reduced

- 36 drivers have been caught twice

A report from Transport Canada found that most drivers don’t recognize their own bad habits, and the unfortunate power they have to kill with their car,- said Paul Boase of the Canadian Association of Road Safety Professionals.

There are about 160,000 road accidents in Canada every year. According to the Transportation Safety Board, -approximately 2800 to 2900 people are killed on Canadian roads each year.- Drivers have to realize that driving is a right and not a privilege. If you do not obey traffic rules, your car can quickly turn into a weapon that can cause great harm. People have to ask the question: Is it worth risking your life just to arrive at your destination on time?

Member driven organization delivering Roadside Assistance, car insurance, travel, home and auto insurance.

Tenancy agreements are important documents that help to protect legal rights and identify responsibilities of both parties – the lodger and the landlord. However, since the situation has arisen where the landlord’s lawyer or estate agent puts the agreement together, tenant can often find himself in a difficult situation.

The best answer is to give yourself a fundamental legal tutoring by studying some agreement examples. It can be an excellent idea to download a few examples of agreements from the internet and make oneself acquainted with judicial terms used in similar documents.

What if Tenancy Agreement Contains Unfair Terms

Occasionally tenancy agreements may include doubtful clauses that can be misinterpreted by a landlord to gain advantage over the renter. It is extremely important for a lodger to understand the small print at the bottom of the document and make sure that each term listed is correctly understood.

Some property-owners include unfair clauses either by accident, out of lack of knowledge or in anticipation that the tenant would “bite” on it.

* One of the most popular reasons of arguments is repairs arrangements. A tenant cannot be held responsible for maintenance of things and household appliances that are incorporated into the inventory list but for the occasions when damage was directly originated through actions of a lodger.

* In many cases unfair terms concern rental engagements. If it makes you shell out an excessive penalty or interest rate on delayed payments of rent, be anxious.

* Quiet enjoyment is an additional important clause that is every so often unlawfully changed by a property owner. A landlord is not authorized to enter the home during tenancy lacking a reasonable notice unless it is an urgent situation.

It is fairly easy to recognize unreasonable clauses – just employ your common sense and be aware to details that seem unreasonable.

If you believe that there are unfair conditions in your contract, the golden rule is to not sign it under any circumstances. Unfortunately sometimes tenants find out about unfair terms just after the problem has already happened. In that situation you can look for assistance by contacting your neighbouring Citizen Advice bureau or calling Consumer Direct.

Say it in Plain Language, please!

Things have lately changed in support of tenants. Consumer Contracts directive guards people from unfair terms found in their tenancy agreements. It is also a general practice for modern landlords to use legal papers written in plain English language. Legal terminology and long-winded knotty sentences make life more difficult and cannot help establishing trust and responsive attitude between involving parties.

Documents written in plain language containing understandable and rational terms point out that the landlord is following the changes in legislation scheme and is showing care to respect the rights and welfare of a tenant. If the property is being let fully or partially furnished, it is essential that an inventory list is added to the contract. Correct records help to insure that both parties will gain from the tenancy.

Many landlords have erroneous clauses on their agreements because they are using old-fashioned documentation. Tenancy agreements should in the same way recognize the rights of mutual parties, that’s why it is very important to get hold of the most recent version of agreement. The legislation behind housing is changing constantly.

The government and local system keep adding new requirements. Landlords and estate agents must make sure they are using only fresh and professionally written documents for the sake of their own legal protection and to offer the tenant fair treatment.

If you would like to download samples, visit tenancy agreements for the most up-to-date version. Also be sure you look for tenancy advice if you think that your contract might contain some unfair terms.

Although a name change may often seem like the right thing to do, it is worth being careful when it comes to applying for a name change. If you are changing it after marrying, or changing it back after a divorce, then there is no reason not to proceed so long as you are happy with your choice. Equally, if you are changing your name as a result of naturalization as an American citizen, or formalizing the name that you took upon religious conversion, then there is every reason to proceed with your decision. There are, however, cases in which your name change may be rejected, and others in which you might regret it. There is therefore plenty of reason why it is essential to think long and hard before changing your name.

For one thing, your name change petition is going to have to be ratified by a judge, and there is little desire on the part of the court to formalize frivolous name changes. It is in the judge’s discretion to uphold or reject a name change petition should he or she feel that there are reasonable grounds for doing so. This means that – as amusing as it may seem at the time – changing your name to “Superman” or “Luke Skywalker” may not come off as you had hoped it would. As long as the change is relatively harmless there is a chance that a judge may green light it, but remember it is in the hands of the judge, so you may be well advised to have a reasonable explanation for your request.

As it costs a lot of money to change your name, you need to decide whether the process is worth bothering with. Particularly as it costs money to get the forms in the first place – so even if your petition is rejected by the judge you will still be out of pocket. It is a matter of balancing the importance of having the name you choose against the time and money invested in making the change. If your name change will help your business, for example, then as long as it is rubber-stamped it is worth bothering with. Equally, if you have the money to spend and just fancy something different, then as long as you can justify your request legally.

Changing one’s name for malicious reasons is, however, not allowed. If your neighbor has done something to raise your hackles and you want to give him what for, then you will need to look at other legal approaches for this purpose, because changing your name to “[Neighbor’s Name] Is A [Term of Abuse]” is considered malicious and will be instantly junked by the court. Equally, changing your name to incorporate a term of racial, homophobic, religious or other such abuse is not going to be accepted. Changing your name for the purposes of impersonation is, again, not likely to pass, so the chances of making mischief by changing your name will be heavily restricted. Essentially, if you are planning to change your name, make sure it is for the right reasons.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company to help you change your name at http://legalbuffet.com/name-change-services/.

Everyday millions of cars are traveling our highways and byways. With so many cars on the road, it is inevitable that a car accident will occur. Everyday, people all over the world encounter the traffic chaos following a road accident. When caught in the traffic chaos after a car accident, there is always the risk of injury to your own vehicle or even yourself. There are a number of things one can do to minimize the dangers during a chaotic scene after an accident.

- Stay calm and clear your thoughts. Respond to the situation and what is taking place around you in a rational manner. Panicking is only going to lead to more problems. You have to think about your safety as well as the safety of others.

- Do not suddenly accelerate your vehicle. Look around to see if the other vehicles have accumulated and created a traffic jam. If they have not and the car ahead of you is moving, slowly creep forward and look for the flashing lights of ambulances and police cars. .If your vehicle is involved in an accident and you do not stop, you may be at risk for criminal prosecution

- If there are damaged vehicles near you, or the traffic is backed up, move your car to the side of the road if it is safe. Your vehicle should not block the flow of the traffic and should be parked in an area that will reduce the risk of another vehicle slamming into you. Turn off your car and put on the hazard lights to warn others of the danger. If your vehicle cannot be driven, turn on your hazard lights.

- If there are other cars still moving near you, stay in your car. You do not want to get injured. If it is all clear, check to see if you can get out of the car and move a safe distance from the road.

- If anyone has been injured in the car accident and you have a cell phone, call 911 and ask for the police and ambulance to come immediately. If the vehicles involved in the accident appear to be a danger to other drivers, inform the police.

- Do not try to move anyone injured in the accident. You may end up causing further damage to their injuries. If you are injured, do not move. Wait for the police or ambulance to assist you.

- If you are carrying a cell phone camera, record all the details of the accident and its location. Make sure that the picture shows the actual position of the car or cars involved in the accident.

- Take notes and make sketches of the car accident that has occurred. Note what lane you were in and the road and weather conditions at the time the accident occurred.

- We have all heard of road rage. Tensions often run high during traffic chaos. Do not antagonize other drivers because more injuries may occur. If someone is making unreasonable demands such as ordering you to move your vehicle, roll up your window and lock your doors. The police will handle the situation.

Slippery roads, dangerous and careless drivers, and a high number of cars on the road at the same time, is an accident waiting to happen. If you are one of the drivers on the road, you need to be able to react appropriately to an accident that results in traffic chaos. Your life and your loved ones’ lives depend on it.

Find a Personal injury lawyer Toronto that will help your case with honesty and integrity. Whether it’s a motor vehicle injury,Paraplegic and Brain Injury or a Slip & Fall Injury or accident benefits, our Law Firm can help you.

Creating a trust into which to put your earthly assets is viewed by many people as a hugely important step towards keeping their most valued property in the hands of family and friends. A trust, distinct from yet compatible with a last will and testament, will be for many people an essential part of putting their affairs in order as they prepare to “depart the mortal realm”. Although talking about death in such matter of fact, technical terms is something that people are often loath to do, as one gets older it becomes all the more important to take on board the realities and the transience of life. A major part of that is looking at ensuring that one’s assets are handled correctly. Here are some reasons why people choose to create a trust for that purpose.

1.Creating a living trust allows the individual to manage their property while they are still alive. In addition to that, it allows a person to nominate individuals to do the same up to and after their death. In doing this using the relevant legal channels and entitlements, it is possible to keep any legal vulnerabilities to a minimum and avoid expensive, time consuming legal processes after death. At the base, the idea of a living trust is to keep property with the family and friends, the inner sanctum of an individual.

2.Creating a trust has some notable advantages over making a will. If one simply makes a will, the document and the provisions contained therein are subject to probate, which can see a long and often upsetting delay in the provisions being legally ratified. As well as this, by creating a trust it is possible to remove or minimise the consideration given to inheritance or estate tax – something which in the case of valuable estates can rise into the high figures, and leave some of the beneficiaries with very little.

3.The creation of a living trust is something that is considered important when a testator owns more than one piece of property. In the case of an individual who owns two or more houses, each property will be subject to probate in the case of death. This is something which increases the amount of time taken up by probate and which can also result in the loss of value in their estate. By creating a living trust, this step can be minimized and often removed altogether.

4.By creating a trust it is possible for a testator to nominate a legal guardian for any minor children in the case of their death. This can also allow the testator to specify any provisions for certain points in the life of their child whereupon they will be entitled to any cash or property assets which are held in trust – thus paying for school fees or allowing their child to have a house of their own on reaching a certain age. This step allows parents who do not have long to live to ensure the security of their children after their death.

Disclaimer: This article is for informational and entertainment purposes only, and should not be construed as legal advice on any subject matter.

LegalBuffet.com is a complete online resource that compares the legal services offered by various online companies. Find the best company for your living trusts needs at http://legalbuffet.com/trust-services/.