Do's and Don'ts of Personal Injury Law

If you are looking for a personal injury lawyer, then chances are that something bad has happened to you or a loved one and that you need legal representation as a result. While no one hopes to one day gain legal representation due to an injury or illness, it can happen to anyone, and you want to make sure that you make good decisions during this difficult time so that you have the right representation. The team at Verhaeghe Law Office has created a list of dos and don'ts for those searching for a personal injury lawyer.

Don't - Expect U.S. Style Settlements

Due to the pervasiveness of American media, including American style personal injury lawyer advertisements on television, Canadians can have a misguided sense of the outcome of their personal injury settlement. In Alberta, courts tend to be conservative for awarding compensation, even juries, and it needs to be noted that pain and suffering are capped at $330,000 while pain and suffering for strains, sprains, and whiplash-injuries (WAD 1 and WAD 2)are capped at $4,000 ($5,000 with inflation). You can still get a fair settlement for your injuries, but understand that this is not going to be a multi-million dollar lawsuit.

Do - Keep Exchange of Information to a Minimum

It can be tempting to talk about your case to others, especially if you have outwardly visible injuries and people are curious about them. The best thing to do is to limit what you say as much as possible and only speak to insurance companies, your lawyer, and the police. In Canada, a person in a conversation with you, as well as you, can record the conversation, so if you are asked by an insurance provider or another lawyer to talk, they can be recording you, and this can be used as evidence in your case. Always ask to have your lawyer present when discussing your case and if people ask just say that it is a matter before the court and that you cannot discuss it.

Don't - Expect to Have Your Day in Court

Though you may want to have that day in court, chances are, as with most personal injury cases, your case will end in a settlement. For a vast majority of people, this is the best case scenario. Settlements are often quite fair and help speed up the process and get you the money that you need faster. If your lawyer negotiates a settlement for you, this is incredibly common, and they have worked hard to get you compensation similar to what you would get from a judge or jury. If they recommend that you accept it, it is because they do not think you could get a better deal at a trial.

Do - Feel Free to Speak to Multiple Lawyers

Being comfortable with your lawyer is incredibly important, and so if you shop around and meet with multiple lawyers, this is fine. Research their reputations, how long they have been in business, and their standing with their professional association. Finding a lawyer who is the right fit for you is crucial to your comfort for the remainder of the case.

Don't - Expect Quick Results

Personal injury cases tend to take quite a while the more severe your injuries are. This is because part of the compensation that you receive will be determined by whether or not the damage is life-long and what ramifications that has on your wellbeing and lifestyle. For soft tissue injuries and whiplash, your healing time is much shorter, and so your case can be determined in a shorter period of time than someone who has sustained much more severe injuries.

Do - Call Verhaeghe Law Office in Edmonton

If you have suffered an injury or illness due to the negligence of someone else, then you need to contact our law office. Please note you have a two year limitation to file your claim; however, it is better to start gathering the evidence and preparing your case far before the two year deadline. Our Edmonton law firm will help you navigate the world of personal injury and do our best to get you the settlement you deserve. Contact us today.

Common Legal Issues faced by Businesses and Small Business Owners

Owning and operating a business comes with many perks but also some disadvantages - the looming threat of civil litigation being one of them. Lawsuits can cause considerable damage to your business' reputation and finances. Here are some of the most common factors that lead to legal issues for businesses:

Disgruntled Employees

Workers can form unions to increase their bargaining power against their employer to better their working conditions. This power also gives them the ability to come together and prepare a lawsuit if needed. Make sure to have a terminated employee sign documents drafted by a lawyer to ensure the terms of dismissal are clearly stated. It is essential to be familiar with workers rights to avoid inadvertently breaking any laws. Failure to do so leaves the door open for legal action against your company.

Discrimination or Harassment Cases

Whether it be sexual, age, ethnic or otherwise, discrimination in all of its forms can cause serious issues for your business. Ensure legal and human resources departments are well-suited to handle these issues adequately if they arise. When hiring, have all of the applicants' resumes on hand to prove you are making your selection regardless of ethnicity, age, or gender. Hold meetings regularly to oversee relations between employees and ensure discrimination is not occurring on a smaller scale. Office cliques should not be influencing decisions made by lower and middle management.

Sexual, racist or any other type of harassment can quickly turn a workplace toxic. Having periodic meetings to address employee concerns and reiterate company policy helps eliminate the likelihood of these offences occurring. Serious transgressions should be dealt with quickly by terminating offenders. Discrimination and harassment victims garner lots of media attention, which can damage your company's reputation and drain your budget. Be proactive by ridding your business of these problems before they start.

Immigration Audit

Make sure everyone in your company is legally able to work in Canada. Use police background checks to ensure false documents do not get past your management. Businesses found to be using illegal labour face crippling penalties.

Patent and Copyright Issues

Many companies in the tech and creative industries must deal with aggressive patent and copyright lawsuits. Be sure to do thorough research during the development phase of every project, or risk a messy legal battle should cross into a competitor's territory.

Dissatisfied Customers

Upset consumers can file class-action lawsuits by gathering a large group of customers to fight a company over broken promises, misleading services, or faulty products. These lawsuits can break your brand's image beyond repair. Be proactive about issues that arise by having sufficient tech support in place and recalling flawed products. Consumers appreciate companies that are honest about their shortcomings rather than those that try to cover them up.

Other Legal Issues

These are just a handful of the legal problems businesses face today. Several others include tax litigation and disputes with contractors and competitors. A hands-on approach and effective communication goes a long way with both employees and consumers when issues arise. For more information of how a Corporate Lawyer can help you, click here.

Please feel free to call on the Corporate Lawyers at Verhaeghe to help you with your start-up business, small business or medium to large business. We assist corporate businesses across Alberta to help them get in front of situations before they become big problems. As small business owners ourselves, we understand the challenges being faced by business owners in these new uncertain economic times. CONTACT US.

Are Companies Reckless With Your Personal Data?

We live in an age where technology rules both our personal and business lives. Take a step back and think of the last time you signed up for a service online and actually read the Terms of Service (TOS) and Privacy Policy (PP) before pressing “OK.” Our team at Verhaeghe Law Office is betting you’ve never read one, but you’re not alone. In a study conducted by Jonathan A. Obar from York University and Anne Oeldorf-Hirsch from the University of Connecticut, 98% of participants consented to some pretty outrageous agreements when signing up for a fictitious social network site, Name Drop. Those terms, you ask? They agreed to give up their first born child as payment, and anything the user shared would be sent to the National Security Agency.

We’re not here to scare you into reading the ToS and PP of everything you sign up for, although you should. Many times, the language used in the documents is too complicated and redundant for most people. Sadly, many people think that the worst companies will do is sell their name and email to third parties for advertising purposes. In some cases, companies will have you agree to waive your right to collective bargaining so you can’t put together a class-action lawsuit, instead you have to settle your legal issues directly with the company. We’re guessing you don’t have several millions of dollars laying around your home to use toward battling them in court over the course of a few years.

What is PIPEDA?

On November 1, 2018, the addition of the Breach of Security Safeguards Regulations to the Personal Information Protection and Electronic Documents Act (PIPEDA) went into effect. This law imposes new mandatory notification obligations on companies should a breach involving consumers personal data occur. So what does this mean for you? It requires companies, even privately-owned entities, to have the right procedures, technology, and capabilities to both identify and quantify the details of the breach. With this, they must have the correct procedures in place to report breaches to the proper authorities.

What Are My Rights?

You have the right as a consumer that any identifiable information you furnish in good faith to a company will be protected. The Office of the Privacy Commissioner of Canada lists the following as personal information:

Race, national or ethnic origin
Religion
Age, marital status
Medical, education or employment history
Financial information
DNA
Social insurance number or driver’s license.

Companies are now required to provide sufficient information to enable a consumer “to understand the significance to them of the breach and to take steps, if any are possible, to reduce the risk of harm that could result from it.” The law states that notices to the affected individuals must contain:

The day on which the breach occurred
A description of the personal information that was the subject of the breach
A description of the steps taken by the organization to mitigate the risk of damages
A description of the steps the affected individuals can take to reduce the risk of damages
Contact information for the affected individual to obtain additional information about the breach.

So, while you might not read the ToS or the PP of everything you sign up for online, you can rest assured that you will be notified in the case of a breach with specific details of the incident. Along with that notification, you will receive steps you can take to reduce or mitigate the risk associated with the breach.

If you feel a company didn’t safeguard your information or if you were harmed due to a security breach, please give our team a call at (587) 410-2500. Our lawyers are experienced in dealing with cybersecurity law and we work with cyber-security experts to help lock down and safeguard our clients data.

Richard Verhaeghe has been a guest speaker for the Legal Education Society in Calgary on several occasions and has helped small businesses including other Law Firms to transition to the “Cloud” and secure their data and has written several papers on this topic.

In a time where everything is migrating to an online platform, it’s nice to have a dedicated team ready to defend your rights on the information superhighway.

Why You Shouldn’t Leave Incorporating Your Business To Chance

Your business is your livelihood. Even though you might have started it or inherited it, incorporating it isn’t a one-off, easy task. At Verhaeghe Law Office in Edmonton, AB, we find that many small business owners assume they don’t need a lawyer to help them with so many different do-it-yourself guides out there. That can’t be further from the truth. Why? Because incorporation documents are not a one-time activity, and they lay out the structure and purpose of your company going forward.

Why Incorporate Your Business?

To understand the complexities of incorporating your business, you first should know the reasons business owners do it.

Personal Asset Protection - Business owners’ private property (e.g., house, car, etc.) are protected from business debts and claims.
Tax Flexibility & Incorporation Tax Benefits - Incorporating allows businesses to deduct medical insurance, travel expenses, and other daily business expenses.
Brand Protection - Incorporating safeguards your brand, which is an often overlooked benefit.
Perpetual Existence - This simply means that the business continues despite any change in membership or the exit of the business owner or member.
Deductible Expenses - Premiums that you pay on behalf of your company for medical insurance are 100% deductible when incorporated.

As you can see, there are many benefits from a monetary standpoint and mitigating personal liability perspective. Your business becomes its own entity while you continue to reap the rewards of your hard work. That’s even more reason to ensure that you find somebody with the expertise to handle incorporating your business. It can set you and your business up in the best possible position now and into the future.

Steps To Incorporating Your Business

According to the Innovation, Science and Economic Development Canada website, there are five steps to incorporating your business.

Naming Your Corporation
Completing Articles of Incorporation
Establishing The Initial Registered Office Address And First Board Of Directors
Filing Forms & Paying Fees
Processing Your Application

While the ISED lays out the steps, our team can help ensure that the specific needs of your corporation are met. Canada, as a whole, applies very rigorous standards when granting names, as they need to be distinctive enough that people will not associate them with another organization or business.

Next comes completing and signing your articles of incorporation, which establishes the structure of your corporation. Any amendments or changes to this document incur a $200 fee.

Then, you must establish an office address where your corporate records and official documents will be served on the corporation. Since this address is corporate information, it is required to be made public. After this is established, you must file the appropriate forms for the type of corporation you’re establishing and pay the relevant fee.

Finally, your application will be processed, but it must include these three items to be considered complete:

Includes all necessary documents
Forms are complete and signed
Fee is included

Provincial and Territorial Registration

As you can see, the steps to incorporating your business are quite the process. Even after you’ve completed them, you also need to register with the Province and Territory within which you do business. Typically, provinces and territories require newly incorporated businesses to register within a few weeks.

It’s important to seek the help of our team of lawyers to ensure your business is incorporated to suit your needs. The steps to achieve incorporation can be difficult depending on your business, and you owe it to yourself and the future of your company to make sure that you’re set up correctly. For more information about how we can help you, give us a call at 587-410-2500 . We have a team of corporate and commercial lawyers ready to assist you in this exciting new venture for your business.

Legalization of Marijuana

On October 17, 2018, marijuana became legalized for recreational use in Canada. This presented unique challenges in preparation for the new laws to take effect. Know the Rules!

Progressive Approach

In contrast to Canada’s new cannabis laws, the U.S. federal government still maintains its stance that marijuana is illegal. Many states have worked around this to allow medical or recreational use for adults of age 21 or older, but overall, the United States is losing out on the tax dollars regulation would bring. Canada’s more progressive approach allows online ordering, inter-province shipping, mail delivery, and billions of dollars in investments. We are the largest country to have legalized and regulated marijuana. But there are still issues that must be addressed and they may affect you.

Initial Offerings

The first wave of legal pot shops offers dried flowers, capsules, seeds, and tincture. The second wave, expected next year, will include foods infused with marijuana (edibles). Provinces are currently overseeing the distribution of cannabis. Many are purchasing and storing it for shipment to province stores and Internet shops. Others are supervising growers as they ship directly to privately-owned businesses.

So, What’s the Problem?

People are already worried about a shortage of legal marijuana available for sale during these first few months. Not knowing if the Cannabis Act would pass, growers did not begin projects that could have cost tens of millions of dollars… or more. New facility builds and expansions are still being completed. This potential shortage could lead to a boom in illegal sales—exactly what this new legislation was trying to stop.

Legalization of the drug may lead to an increased number of DUI drivers. Canada recently overhauled the laws for driving while impaired to include allowing roadside tests for THC, the psychoactive ingredient in marijuana. Roadside testing may or may not be accurate. There is not enough evidence to determine how long THC stays in the system. If you’ve been stopped and tested positive for THC, call 587-410-2500 and talk to one of our lawyers about a defense.

What You Need to Know

Canada’s federal system has legalized marijuana consumption, but the provinces each have their own regulations. While growing up to four plants in a residence is considered legal by legislation, in Quebec and Manitoba it is banned.

Canadians crossing the border will likely be subjected to questions from U.S. border control guards regarding drug use. The border is policed by federal law which prohibits possession, distribution, sale, and production of cannabis. You could be denied entry, detained, or even banned from ever crossing the border if you admit to cannabis use. It’s a catch-22 for Canadians. Lie about ever trying cannabis and, if you don’t get caught, be admitted to the U.S (unless they don’t believe you). Or be truthful about smoking cannabis and risk being denied entry for that day or forever. Refusal to answer can result in being barred from the U.S. for life. NEXUS card holders for commuting across the border who admit to using marijuana will lose their cards. There is one way to work around a lifetime ban on entry into the U.S. Your lawyer can assist you in applying for a waiver to allow you to enter the U.S. for up to five years. Ask us about it.

Many U.S. states that share a border with Canada have adopted legislation to legalize marijuana. This muddies the waters even more with state/federal laws in opposition. You may be charged with possession or drug smuggling at border crossings even though the state you are entering has legalized cannabis. This may incur high fines and/or jail time.

Immigration Law

If you have been detained, denied entry to, or barred from entry into the U.S. due to cannabis use, consult with one of the lawyers at Verhaeghe Law Office 587-410-2500 to discuss your options.

The Role of Neuroscience in Criminal Law

How often have you heard someone say, “I couldn’t help myself,” in defense of an unlawful action? Do you believe there is a real, scientific, brain-based reason for their behavior? Neuroscientific evidence has been considered in Canadian courts, particularly that of prenatal alcohol exposure, traumatic brain injury, and results of neuropsychological testing, mostly during the sentencing phase. Is it a good idea to pursue biological reasons, such as brain trauma, for criminal behaviors? Finding the right time to introduce such evidence and determining its usefulness is a delicate balance.

Research and Discussion

Some notable points gleaned from several studies indicate some interesting points, such as: While presenting one’s mental capacity as a reason for committing a crime has been used by defense lawyers for some time, only in the last few years have researchers connected their studies to actual court application.

Neuroscience evidence tends to be used during the sentencing phase of a trial, when there is less pushback about admissible evidence, and the defendant's current mental state is considered. Interestingly, this type of evidence is presented more often in high-stakes cases. Unfortunately, they have not determined whether neuroscience is more relevant in homicide or sexual assault case, for example, or if the parties involved are more likely to invest in experts in these cases.

The Difficulty of Setting a Standard

Ongoing research in both Canada and the US is studying the overall frequency of neuroscientific evidence being introduced in criminal courts. Questions abound, such as how the evidence is treated by judges. Do they examine it and understand the relevance? Trust the experts? Weigh it differently than other evidence?

Some of the limitations in studying the use of neuroscience in court cases are related to data collection. Finding past cases and determining if and how neuroscientific evidence was considered is a challenge. The actual collection of cases may present logistical problems as well. For example, if French cases are not included due to the databases used, a significant number may be missed.

There is an overall upward trend in the number of cases presenting evidence of brain injury or cognitive impairment in Canada. This evidence has been accepted as relevant to the defendant’s mental capacity, responsibility, ability to respond to rehabilitation, and more.

The most common types of cognitive impairment presented in studies are fetal alcohol syndrome, neuropsychological testing (memory, IQ, etc), and traumatic brain injury.

As there is no standard by which to measure the weight of this during decision-making, the subjective opinion of the relevance of the evidence is determined by the judge.

Neuroscientific Evidence and You

During sentencing, this information may prove helpful. Using a traumatic brain injury as an explanation for committing a crime may be a risk unless it is clear that the individual is incapacitated and therefore morally blameless. As a factor in sentencing, diminished mental capacity may be considered a high risk for recidivism and a danger to the public. These two considerations oppose each other—an individual is morally blameless but is a risk for committing a similar crime again—and public safety is at the forefront of any court decision. This is a conundrum for the judges presiding over cases using neuroscience within defense and sentencing.

There are cases that demonstrate defendants with cognitive deficits are candidates for rehabilitation. If you or a family member have committed a crime and have fetal alcohol syndrome disorder, a traumatic brain injury, or other brain damage. However, there are many factors at play as far as the subjective opinions of judges on how to handle these cases in Canada.

For serious crimes committed by someone with a cognitive deficit, you require a strong, knowledgeable, expert lawyer to present your case. Contact the Verhaeghe Law Office for your best defense. Call 587-410-2500.

Purchasing A Home? Buyer Beware

Buying a home or commercial space is an exciting experience, especially if it’s your first time. Let’s focus on home buyers in particular, where couples and families sacrifice a significant amount of their savings and their time searching for the right home. However, there is nothing worse than finding the perfect home and being saddled into a bad contract. It’s important that home buyers don’t skip the critical step of having a lawyer review the contract to ensure that it’s fair, in your best interests, and that you understand your right and obligations.

Why Do I Need a Real Estate Lawyer?

Having a good real estate lawyer is like having that angel on your shoulder giving you good advice during the transaction. A lawyer can help you avoid some common problems with a home purchase or sale. Often, real estate agents use a one-size-fits-all form for their brokerage agreement, but this doesn’t always cover all of the extenuating circumstances. It’s essential to avoid vague and unclear terms, which can end up costing you in the long run.

Purchase Agreements

The purchase agreement is the most important document in a real estate transaction. In it, it details the conditions that both the buyer and seller agree to. This also includes the purchase price and is a legally binding contract between the two parties. Most of the conditions in this agreement are designed to protect the buyer (e.g., repairs that need to be completed by the seller.)

The agreement also outlines when the buyer will take possession of the home and move in. Additionally, any conditions under which either the buyer or seller can legally back out will be written into this agreement. The most common reasons people back out of a deal is that they could not secure financing or there are legal matters that pertain to an estate. If a seller backs out of the deal for any other reason other than what’s outlined in the purchase agreement, the buyer may be able to recover damages in court.

The Purchase Agreement Is Signed. Now What?

The purchase agreement is a giant hurdle to overcome, but once it’s signed, it’s time to look at the seller’s title. This is necessary to establish the state of the seller’s title to the property to the buyer’s, and most like the financial institution’s satisfaction. A title search is ordered from Alberta Land Titles. A lawyer can help review the title search and explain any exceptions or encumbrances on title. What does this mean? It’s important to determine whether there are problems showing up on the title or issues with adjoining owners. Lawyers can explain the impact of easements and agreements or any restrictions that were imposed by previous owners.

Closing Time

We’re coming down the stretch toward the finish line. While the purchase agreement might be the most important document of the transaction, the closing is the most important event. During this time, there are certain adjustments and other closing paperwork are prepared; strict trust conditions are placed on the Buyers Lawyer, certain undertakings are given by the Sellers Lawyer, title or possession passes from seller to buyer, and the balance of the purchase price is paid. For the vast majority of homebuyers, the balance of the purchase price is paid through a mortgage loan.

A lawyer is helpful in explaining the nature, amount, and fairness of closing costs and ensures that all documents are appropriately executed. This can be a confusing and complicated process to a buyer and seller, but having a real estate lawyer on your side throughout the entire transaction ensures your rights are protected. Too often we see buyers giving money directly to sellers for property owned by someone else. A lawyer can order Title Insurance for you. Last year there were in excess of 3000 cases of property fraud in Alberta or other situations where property was placed at risk. It is our policy to order Title Insurance on each and every real estate purchase transaction. When a major builder declared bankruptcy, Builders Liens were placed on many of our clients and their neighbours homes. Each and every one of our clients had Title Insurance step in and protect them. We fielded a lot of nervous calls; offering relief that they were protected for a small one-time fee (under $230.00) they paid when they purchased their property. Many of their neighbours were not so lucky. Their lawyers had not purchased Title Insurance and these buyers were stuck dealing with their liens on their own, some in the tens of thousands of dollars.

Give yourself the peace of mind when you’re making one of the most significant purchases in your lifetime and have an experienced lawyer by your side throughout the transaction. Our team at Verhaeghe Law Office has a wealth of knowledge in the real estate business and help our clients make sound decisions that could impact the rest of their lives. For more information, please free to visit our main page and let us help you.

Why Write a Will?

A will is also referred to as a Last Will and Testament, a document that becomes valid after your death. In it, you express what you want to happen to your assets and property. Writing a will with your lawyer ensures that your assets are distributed exactly as you want. Without a will, even if you have verbally expressed your desires, your assets may not go to those you’d like to have them.

Your Will

Writing a will may not be at the top of your to-do list. There’s no predetermined time in your life that is the “perfect” time to do it. Some people approach the subject after receiving a serious medical diagnosis. Some choose to do it when they get married, or when they have their first child. These are all significant life events that, if you haven’t done it already, should spur you to get that will ready. Planning ahead will benefit everyone involved. According to a poll by the Angus Reid Institute, 51% of Canadians don’t have a will. Don’t be one of them.

People often ask if they need a lawyer to make a will. There are will kits available online that lead you through the process and are very basic. Think of them as one-size-fits-all wills. Your particular situation or circumstances may not be covered. In addition, decoding the legal language can be difficult. The kits come with instructions but if they are not followed to the letter your will may not stand up as a legal document.

Consulting a lawyer is the safest way to complete a will that follows your wishes and provides for your loved ones.

Included in Your Will

In addition to distribution of your assets, other issues that may pertain to you will be covered in your will. One such item is setting up a trust. Young children cannot receive an inheritance in Canada. A trust, managed by an appointed Trustee, is set up so that the money is held safe until the child is old enough to manage the money on their own.

Also concerning children, if something happens to both parents, a will is used to name the people you have chosen for guardianship. If you don’t choose a guardian in your will, the judge will appoint a guardian. This may or may not be the person you would have chosen.

In Addition To Your Will

Two other legal documents are very important to complete in preparation for serious illness and end of life. An Advanced Healthcare Directive and an Enduring Power of Attorney.

An Advanced Healthcare Directive is a legal document that serves as informed consent for a medical situation in which you are unable to discuss your wishes for treatment options. These are legal documents outlining medical conditions and treatment options, usually in a templated document, along with personalized notations for each treatment. You can also add values statements to these, that may help clarify your directives in medically complex situations. Advanced Healthcare Directives generally include no CPR, DNR (Do Not Resuscitate), no feeding tube, and other treatments.

Power of Attorney is another important legal document that many older adults consider. It designates that the assigned person can manage money or property on your behalf while you are mentally incapable of handling your affairs. If you become mentally incapacitated, the Power of Attorney ends. An Enduring Power of Attorney allows the designated person to continue to act on your behalf if you become mentally unable to do so.

What If I Change My Mind?

One reason people hesitate to make a will is that they fear once their wishes are in a legal document they are cemented in place. This is not the case. Once you’ve seen a lawyer and have written a will, revisit it every five years or in the event of a significant life change. Do you still want your assets and properties divided the same way? Wills can be revised with documented changes in a Codicil, a supplement to your will that modifies it.

It may seem morbid to think about your death, but it’s the best way to make sure your assets are distributed the way you want. Don’t leave your family in the difficult position of having your estate distributed by a government formula. Write a will and protect your assets—and your loved ones. Call Verhaeghe Law Office today at 587.410.2500 and make an appointment to write your will.

Mediation Matters: Avoid The Trial

When you file a Notice of Claim or a Dispute Note, mediation can serve as a way to avoid long, expensive and tempestuous trial court deliberations. Defined by Canada’s Department of Justice, “mediation is negotiation between disputing parties, assisted by a neutral. While the mediator is not empowered to impose a settlement, the mediator's presence alters the dynamics of the negotiation and often helps shape the final settlement.” In other words, having a lawyer that is impartial to either side of the case, acting as a legal mediator, can guide you to a peaceful or, at the very least, calmer resolution that is fair to both parties. Without spending days in a courtroom trial or in arbitration you can avoid legal expenses piling up by preparing well for mediation and working toward a common goal. If you are dealing with a particularly painful subject matter, avoiding having to discuss these details in front of more parties and having them debated can also help reduce emotional distress. There are many reasons to seek mediation, and there are careful steps you can take to prepare for mediation, as well.

Mediation: Pros and Potential Cons

As mentioned, mediation can help keep costs down during a delicate legal situation between two parties, as well as reducing emotional distress. Below are some more pros that relate to legal mediation, as well as a list of potential cons. We say potential as these won’t necessarily relate to every mediation situation, where as the pros can be true across the board.

Pros:

Legal service cost reduction.
Emotional stress reduction.
More private than trial and litigation.
Less time consuming than trial, litigation or arbitration.
Reduce animosity between parties (especially crucial when children are involved).
It is easier to agree on third parties to help further with mediation than in trial.
This is a negotiation, which means unique and specific outcomes can be arranged more easily than in trial court.
Helps maintain peace when a continued relationship is needed or desired (business or personal).
Can review and come to resolutions on many varied issues, something that may otherwise involve different trials and litigation.

Potential Cons:

Legal precedents cannot be produced.
Similar to the trial concern of a judge deciding your fate, you are at the will of your mediator to protect both parties best interests and guide you both fairly.
Due to mediation being non-adjudicative, one party can manipulate mediation to avoid or prolong avoidance of trial and litigation.
Power imbalance is a very real fear for many contemplating mediation. In cases involving manipulation and “power play” such as mental, physical and sexual harassment or discrimination, mediation may not work. This is because all boundaries that are set need to be agreed upon mutually and both parties have to trust that the other wishes to genuinely find the most positive solution.

How To Prepare For Mediation

The most crucial step to mediation is genuinely agreeing to participate in the first place. Once agreed upon, it is imperative that both parties remain honest and open-minded, working towards a common solution. Below is a very general outline of how to set up and prepare for mediation. Bare in mind this can change depending on your exact situation, which our legal team is happy to assist you with.

Both parties agree to mediation.
Agree on mediator selected.
Confirm the issue(s) that you mutually wish to resolve.
Settle all mediation costs ahead of time, most typically a 50/50 split.
Agree upon what third parties are allowed, other than the mediator, ie: accountants, psychologists, etc.
Create a written agreement for if/when resolving the dispute takes place.
Establish all boundaries: mediators mandate, each party’s responsibilities, time per mediated session, how much mediation you agree to before deciding on litigation, and much more that will be more directly related to your particular situation. (In some cases mediation can only go a certain amount of time before legally bound to move into court.)

There are far more detailed steps to preparing effectively for a proper and amicable mediation that you should discuss with an official legal mediator. Verhaeghe Law Office will walk both parties through every step of the mediation process, ensuring everyone is comfortable with the agreed upon terms

Learn More About Mediation

One major takeaway we hope to impart is that trying mediation does not hurt, and can potentially lead to more palatable, fair and efficient results. Our legal team is here to discuss mediation and how to best represent both of your best interests. For more information about how Verhaeghe Law Office can help you through a difficult legal balance without elongated trials, please contact us at (587) 410-2500 to discuss if mediation is your best option

Impaired Driving

Driving while impaired due to the ingestion of alcohol or drugs can incur a number of offenses under Canadian law. New, reformed driving laws will be in effect in December and the biggest and most controversial changes are making headlines. Recreational marijuana will become legal in October of this year and has prompted police and lawmakers to increase their ability to test and charge impaired drivers under the influence of marijuana. If you’ve been charged with DUI or related offenses, call (587) 410-2500 to speak to one of our lawyers.

Alcohol, Drugs, and Accidents

Mothers Against Drunk Driving (MADD) Canada, have compiled statistics about driving impaired. Alcohol and/or drugs are involved in an average of three Canadian car crash fatalities every day. Of the 2,297 deaths due to road crash in 2014, 1,273 included an individual that tested positive for drugs or alcohol. That’s over 55%.

Your risk of a fatal accident while under the influence of alcohol or drugs, including prescription drugs, is greatly elevated. We recommend you do not get behind the wheel of any vehicle if you have been drinking or using any kind of drugs.

Police Detection of Impaired Drivers

Starting December 2018, reformed DUI laws will go into effect. Some of these reflect new procedures for detection of alcohol and/or drug use. The controversy that surrounds these laws is ongoing, but Bill C-46 is moving forward.

The most problematic change is that police will no longer need reasonable suspicion to test drivers for alcohol use. If any driver refuses to take the sobriety test, they will face criminal charges with penalties similar to impaired driving convictions. Detractors state that this practice is a violation of civil liberties with unreasonable searches as well as the potential for racial profiling.

In addition, Canadian police officers are currently undergoing training for screening for drug use, particularly for THC, the main psychoactive ingredient in marijuana. Officers cannot use random testing as they can for alcohol; they must have reasonable suspicion before requiring a driver to take the test. However, if you are pulled over and alcohol is ruled out as a source of impairment, THC testing can be administered.

BAC (blood alcohol levels) have been set for quite some time, and a similar set of THC levels will be applied to impairment with marijuana use. The problem lies within the science. There isn’t a definite level of THC that is proven to cause impairment. The government has proposed levels, but even small amounts of cannabis used just before driving could land a driver within this range. Until the science improves, the government will be taking a zero tolerance approach.

The new law also eliminates the use of the “bolus drinking defense” in which a driver can claim that they drank just prior to driving and the alcohol was not fully absorbed into their system so they were not over the limit when driving. This will no longer be applicable as the law states that it is illegal to be over the alcohol limit within two hours of driving.

New Penalties for DUI

Beginning December 18, 2018, alcohol-impaired driving that does not cause bodily harm will incur mandatory penalties that range from $1000 for a first offense to a minimum of 120 days in prison for a third offense. Penalties are based on BAC levels and the number of previous offenses, or the refusal to be tested.

Drug-impaired driving with 2 nanograms (ng) but less than 5ng of THC per milliliter of blood will earn a maximum $100 fine. Note that hybrid charges, 5ng or more of THC with detectable levels of LSD, psilocybin, psilocin, ketamine, PCP, cocaine, methamphetamine, 6-mam, or 5mg/L of GHB will range from $1000 fine to a minimum of 120 days in prison. THC and alcohol will incur similar penalties.

Maximum penalties for Impaired driving causing bodily harm will range from two years less a day to 10 years in prison. Impaired driving causing death carries a maximum penalty of life imprisonment.

THC Testing

If there is a suspicion of DUI, police can pull you over for roadside testing. A breathalyzer test, to rule out alcohol impairment will be administered. After a pulse check, you will be asked to perform the eye test, one-leg stand, and walk and turn. In December, police will be able to administer saliva tests to detect THC.

Based on the roadside test results, police may take you into the station for further testing including: blood pressure, temperature, divided attention tests, pupil examination, and more. The process will take approximately one hour to complete.

Is the High Worth the Risk?

We hope you answer “no” to that question. The risk of fatal accidents while driving under the influence should be reason enough to limit consumption or arrange for a ride when using alcohol or marijuana. If the loss of life isn’t enough, the law reform and stiffer penalties, along with the ability for police to conduct random alcohol testing, should prompt you to think twice before getting behind the wheel.

Please do not drive while under the influence of alcohol or drugs. If, for some reason, you are charged with DUI, call Verhaeghe Law Office right away.