Monthly Archives: December 2008

Blog Review: Solo in Ontario: Criminal Practice

Posted in: "All, Blog Review, Business Development by Admin | No Comments Tuesday, December 9, 2008

Opening your own law practice is hard. Opening a law practice immediately after being called to the bar is harder. In his blog “Solo in Ontario” one newly minted lawyer, Bo Arfai, shares the joy and pain of opening his own law office in Toronto after his call to the bar in 2008.

Lawyers can be the envy of other professionals when it comes to setting up a solo practice. While other professionals, such as veterinarians and dentists, often require large capital to start up their practices, lawyers seem to need relatively less: a laptop and a phone.

If only things were as easy as that sounds. Bo soon finds out that the expenses of setting up a law office goes far beyond a laptop and a phone (in his case, an iPhone). There are fixed assets, office equipment, insurance premiums, law society dues, reference materials, and telecommunication expenses. Eventually Bo finds that the total cost for his first few months comes to a staggering $10,048.00.

I note that Bo’s start-up costs are relatively low for a new solo practice. As Bo works at home, he saves about $500-$1,000 per month on office rent. Professional service charges and the costs of computer software are conspicuously  absent from his calculations. These additional costs would have likely pushed his expenses up toward $15,000.

Besides the frank disclosure of his operating costs, Bo shares something else with his reader: his relentless entrepreneurship.

With great energy and enthusiasm, Bo takes on the challenges of a small business owner: the limited resources, the difficulties of reaching out to clients, and the ever-daunting tasks of doing it all oneself while staying afloat (“What to Do with All Those Business Cards,” posted December 1, 2008; “The Highs and Lows of Being a Sole Practitioner,” posted November 27, 2008).

In fact, he takes great pride in reaching out to the community and operating on a tight budget. He shares with his readers the fruits of his hard work (“Networking Paying Off,” posted November 27, 2008). He learns to adjust his attitude towards clients and fees (“Fees and Clients,” posted November 11, 2008). Perhaps the most enjoyable part of reading Bo’s blog is simply the pleasure of watching his practice grow.

To visit Bo’s blog, click on the following link:

http://soloinontario.blogspot.com

You can also find the link on this website’s main page, under “PSW Recommends.”

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PSWLaw™, Integrated Small Business Solutions™ Trade-Marks Registration Pending

Posted in: "All, Administrative Law, Business Development by Admin | No Comments Monday, December 8, 2008

I’m pleased to announce that my currently unregistered trademarks (officially spelled “trade-marks”)  “PSWLaw” and “Integrated Small Business Solutions” are now in the process of being registered.

As of this morning, I have filed the applications and paid the prescribed fees for the registration of these two trademarks. The proposal for the registration will be published by the Registrar at the Canadian Intellectual Property Office under Industry Canada in its journal.

Hopefully no one will object to the registration. If so, they will be protected as registered trademarks under the Trade-Marks Act.

Currently the only persons entitled to file a trademark application on another person’s behalf are the trademark agents.

A person endeavouring to  become a registered trademark agent – and I’m considering it – must need to meet one of the following conditions:

(a) reside in Canada, have worked in Canada in the area of Canadian trade-mark law and practice for a period of at least 24 months and pass the qualifying examination relating to Canadian trade-mark law and practice; OR

(b) reside in Canada and be a lawyer entitled to practise in any province in Canada, or a notary in the province of Quebec who has:

· passed the qualifying examination relating to Canadian trade-mark law and practice; OR

· worked in the area of trade-mark law, including the preparation and prosecution of applications for registration of trade-marks, for a period of 24 months or more and who has submitted an affidavit or statutory declaration to that effect to the Registrar of Trade-marks

Since I am a lawyer entitled to practise law in Ontario, I would either have to write the qualifying exam or work in the area of trade-mark law for at least two years.

I think I’ll take the exam in 2009. I’ll let you know the good news when it comes.

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PSWLaw Discusses Debt Collection and Small Business Contracts on Radio Show “Small Business Big Ideas”

Posted in: "All, Business Development by Admin | No Comments Sunday, December 7, 2008

Today I had the pleasure to be a featured guest on the radio show “Small Business Big Ideas.”

The host, David Cohen first asked me about debt collection in a time of economic downturn. I was thrown off my feet by the question because the plan had been to talk about small business contracts first and then wrap up the interview with the debt collection issue. Nonetheless, I quickly gathered my wit and re-organized my materials.

Generally, letting your customer know that you’re charging interests on overdue accounts helps. For big accounts, you may want to consider hiring a lawyer to do your collection. In my experience, over 80% of overdue accounts can be collected via a lawyer’s demand letters.

David then moved onto the topic of small business contracts. I reminded David that it’s generally a bad idea to do business on trust alone. If one day you unfortunately end up in court, you’ll have a difficult time proving exactly what the terms were.

If you’re a small businesses person who routinely conducts transactions over the phone, I suggest you keep a check-list handy. The check-list should include what the products are, how much they cost, what’s included and what’s not, and your return policy. As you go over the list with your customers, check off each item. At the conclusion of the transaction, initial and date the list. If one day you regrettably end up in court, at least you’ll have sufficient documentation to protect yourself.

The entire interview lasted about five minutes, though I was barely one-third through my materials. (I spent hours preparing for it yesterday!) In the end, it’s a very cool experience being featured on a radio show. I certainly hope to be invited again.

To listen to the episode, please click here and choose the podcast of December 7, 2008.

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Ontario Condo Law Blog – ontariocondolaw.com

Posted in: "All, Blog Review by Admin | No Comments Thursday, December 4, 2008

Thinking about buying a condo? Living in one? You need to read this blog!

My good friend Chris Jaglowitz of Gardiner Miller Arnold LLP (“The Condo Lawyers”) is a lawyer whose practice is restricted to condominium law. As the condominium market in Toronto has been booming for the past several years, Chris is busier than ever. Amazingly, he still finds time to write a blog on condominium law.

The blog features topics such as case studies, construction deficiency issues, condo rules and by-laws, and news and events. It is a rich source of helpful tips on buying a condo. (“Read before Leaping – Read the Rules First,” posted November 20, 2008) It also discusses some of the challenges of owning and living in a condo in Ontario. (“Educate Owners about Insurance,” posted December 1, 2008)

It’s vitally important to understand that owners and occupants in modern condominiums must obey the rules, declarations, and by-laws of their condominium boards. Long gone are the days of condominium owners being “king of their castles.” The governing legislation in Ontario, the Condominiums Act, 1998, recognizes the fact that hundreds or thousands of individuals often reside in the same building, and that unit occupants and owners are entitled to the right of quiet enjoyment of their properties. As such, the condo board’s rules and decisions are necessary and must be respected.

Chris brings “trouble spots” of condo law to the reader’s attention. His writing is concise and accessible. The articles are short and to the point. If you’re thinking about buying a condo, or living in one, you need to read this blog.

Visit ontariocondolaw.com by clicking here.

You can also find the link on the main page, under PSWRecommends.

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Sorry Seems to Be the Hardest Word

Posted in: "All by Admin | No Comments Wednesday, December 3, 2008

Lawsuits are not necessarily about money.

On more than one occasion I’ve witnessed plaintiffs who remain deeply wounded even after winning favourable awards or settlements. The reason: money simply won’t bring back their beloved .

Sometimes the plaintiff would have preferred an apology to million-dollar settlement stating “this settlement offer is not an admission to liability.”

Unfortunately, in civil suits an apology often can be, and is, seen as admission of liabilities. As such, an apology may well be the last thing a defendant would offer.

Once a defendant admits to liabilities, the plaintiff no longer needs to prove its case and may move for a summary judgment, where the court will assess damages based on the admitted liabilites and award the plaintiff accordingly. This is why there are the “no liability” stipulation on settlement offers.

To address this issue, the Ontario government introduced Bill 108, Apologies Act, 2008 in October. This proposed legislation is aimed at encouraging defendants to commiserate with the plaintiffs and facilitating the healing process for the wronged.

Some highlights of the bill:

  1. For civil litigation purposes, an apology does not constitute an admission of liability to law.
  2. An apology does not affect insurance coverage for any person connected to the matter, despite any other law.
  3. Apologies are not admissible as admissions to fault or liability in civil proceedings, administrative proceedings, or arbitration proceedings.
  4. However, this proposed legislation is not applicable to criminal proceedings or proceedings under the Provincial Offences Act.

The proposed legislation is currently under its second reading and is not yet law. For more information, please click here to visit the website of the Legislative Assembly of Ontario.

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Year-End Mad Dash

Posted in: "All, Business Development by Admin | No Comments Tuesday, December 2, 2008

Things are crazy here. My friends are surprised to hear this, thinking “Why would anybody sue at this time of year?” Let me tell you why.

Because of revisions to the Income Tax Act in recent years most small businesses now operate their fiscal year from January 1 to December 31. There are no longer obvious tax advantages for small businesses to operate with a “skewed” fiscal year, e.g. from February 1 to January 31. Instead, many businesses are now required to report income according to the calendar year, regardless of their fiscal end.

As the year-end approaches, small businesses scramble to collect payments from their clients and settle overdue accounts. Business owners retain me to write demand letters and file claims, hoping to wring a few dollars from the accounts that would otherwise be written off. Hence the busy work.

Besides the obvious dollar-and-dime reasons, there is also the psychological factor. This is particularly perceptible in Landlord and Tenant Board matters. As people are getting ready for the holiday season, they also become easily stressed and somewhat paranoid. Landlords often can’t contemplate resolving their cases beyond the last week of December and insist that I get the tenants out as soon as possible.

Of course, I do what I can. However, there are protocols to be followed. All landlords who want to end the lease before its expiry must give at least ten days’ notice and apply for a hearing. Unfortunately, as of the last week of November, the Toronto South Landlord and Tenant Board cease scheduling new hearings before the end of December. All new applications must be heard in the new year.

Facing frustrated landlords wanting to oust their tenants, I often advise them to work things out privately with the tenants if they want them to move out before December 31. An eviction order, alas, will not be forthcoming before the new year arrives.

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Book Review: Kitchen Confidential vs. Waiter Rant

Posted in: "All, Book Review by Admin | No Comments Monday, December 1, 2008

Kitchen Confidential (Updated Edition) by Anthony Bourdain
2007, Harper Perennial; 312 pages; $14.95

Waiter Rant by The Waiter, Steve Dublanica
2008, HarperCollins; 302 pages; $26.95

Mr. Bourdain’s bittersweet tale of being a chef rippled through the mass media in 2000 when it was first published. The candid account of his 25-plus years in the culinary industry outraged some (mostly restaurant owners), delighted some (mostly culinary professionals), and shocked many (the public).

Mr. Bourdain discovered his passion for food when he was ten, while on a family vacation to France. He stumbled into the restaurant business when he took a job as a dishwasher in Provincetown during his college years. This was when he discovered the dysfunctional yet fascinating world of the culinary profession. The eye-opening experience as a novice cook introduced him to the world of booze, drugs, power, and money. He knew by then there was no turning back.

Mr. Bourdain’s tales are candid and raw. He starts as a ruthless punk and finishes as a professional chef. How the 25-plus years have changed him is remarkable, although Mr. Bourdain rarely dwells on retrospective analysis . Rather, he relies on his stories to lead the way.

In a mere 300-some pages, Mr. Bourdain explains why readers should not order seafood on Mondays, why so many restaurants fail, why good cooking is not about creativity, how to get professional-grade cookware cheap, and how he keeps on top of things via his private intelligence network.  As a result, his narrative is sometimes choppy.

Mr. Dublanica, a.k.a. The Waiter, dishes out his take on life as a professional waiter. After hitting rock bottom in his personal life  and finding himself on the brink of a breakdown, he started working as a waiter so he could sort things out . Several years later, his supposedly temporary gig slowly solidified into a permanent profession. He started to write down his observations and thoughts on his blog in 2005. Soon the popularity of the blog grew, and it gave birth to the book Waiter Rant.

Since Mr. Dublanica has worked in the industry for a shorter period than Mr. Bourdain, his book’s contents are notably thinner than those of Kitchen Confidential.

As the title suggests, Mr. Dublanica mostly rants. He rants about the dysfunctional work environment, the misfit workers, the paranoid owners, the lousy tippers, the holiday horrors, the good (or bad) money, and the madness of a waiter’s life.

The first half of the book is devoted to exposing the ugliness and the craziness of the restaurant industry. In his own words, waiters today are expected to be “food allergy specialists, sommeliers, cell-phone-rule enforcers, emergency medical technicians, bouncers, receptionists, joke tellers, therapists, linguists, punch  bags, psychics, protocol specialists, and amateur chefs.”

As his journey progresses, Mr. Dublanica realizes that he is also supposed to know how to fix air conditioners, find a bottle of replacement wine within ten minutes, stop customers from having sex in the washroom, cut drunk patrons off, and wring tips out of cheap guests. The tales are arranged into a fictional year, from New Year’s Eve to Valentine’s Day and then on to Mother’s Day, the 4th of July, Labour Day, and Thanksgiving.

As time goes by, fewer and fewer facts are presented and more and more personal reflections are added to the mix. Money, power, alcohol, and stress gradually overtax him until Mr. Dublanica is desperate to get out of the waiter’s life. Only after he quits his job as headwaiter does he realize that perhaps it is possible to find inner peace by starting all over again.

Mr. Bourdain’s Kitchen Confidential is heavy on factual content  while the narrative is sometimes disrupted. Mr. Dublanica’s Waiter Rant delivers his waiter’s perspective cynically yet in a way we can all relate to. The two books in essence describe a dysfunctional industry behind the scenes, full of misfits and addicts, that is rarely seen by the public.

For more information:

Visist The Waiter’s blog at http://www.waiterrant.net

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