Monthly Archives: February 2010

New Family Law Rules Coming into Force; Major Legal Publishers Clueless

On March 1, 2010, sections of the Family Statute Law Amendment Act, 2009* come into force, amending various sections of the Children’s Law Reform Act, the Family Law Act, the Change of Name Act ,and the Vital Statistics Act.

Under the amended Family Law Act, for example, child support payable  may be recalculated to reflect updated income information. While no cases are available for the interpretation of this section yet, I believe it will make the lives of many a lot easier if they unfortunately lose their jobs and become unable to pay support.

The Family Law Rules are also amended under the new legislation. The changes include an amended Form 6B: Affidavit of Service, while the new Form 35.1 is required for custody or access claims.

Neither of the current Consolidated Ontario Family Law Statutes and Regulations (2009) nor Ontario Family Law Practice (2010) reflects the pending changes. When asked, the respective publishers told me that there won’t be a supplementary edition to reflect the changes, and I will have to buy new books in the summer.

Does anyone care?

* S.O. 2009, c. 11

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Your Rights in Your Language: Multi-languge Legal Information to Aid New Comers

As a communityThe Community Legal Education Ontario announced that legal information on eight high-need topics have now been made available in languages other than English and French. They include Arabic, Chinese, Somali, Spanish, Tamil, and Urdu.

The topics include as follows:

CLEO has published the information as an effort in educating the community. Accordingly, it has granted liberal licensing rights to community organizations. People may make as many copy as needed.

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A Brief Note on Time Management and Avoiding Office Time Wasters

Not getting work done? Constantly running out of time?

Try avoiding these time wasters:

10. Unannounced visitors and drop-bys: Having a stream of visitors dropping by to say hi, it can hinder your efforts to concentrate on your tasks.

9. Gossiping: Senseless chatter about others wastes everyone’s time and creates friction in the office.

8. Surfing the net: This includes reading “funnies” (funny junk emails), looking at non-work-related websites, signing up for sweepstakes, and playing online games.

7. Excessively checking emails and voicemails: Constant checking of incoming messages disrupts your concentration and your work flow.

6. Starting a project without all the necessities: Be it a piece of information or a spread sheet, if you don’t have everything you need, you will inevitably run into trouble.

5. Procrasination: Day dreaming, indecision, or purposely delaying assigned tasks will leave you scrambling at the last minute.

4. Disorganization: You won’t get much done if you’re constantly looking for that piece of paper buried in the file.

3. Doing someone else’s job: It happens when you don’t say no to others’ petty requests. While it’s important to be a team player, it’s imperative that you look after your key projects first.

2. Meetings without a specific purpose, timeframe, or agenda: A meeting lacking any of these three goes on longer and achieves less.

1. Lack of priorities and plans: Many people feel the task daunting because they don’t know where to start or how to proceed once started.

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Tips on Setting Up Your Own Law Office: What to Splurge on and What to Be Cheap on

Since I  was featured in the Lawyers Weekly, I have received quite a few inquiries from lawyers who are trying to set up their own offices. Today I’d like to share with you some tips I’ve been giving out. Although this article is written for setting up a law office, I think it is quite relevant for other professionals, such as accountants and chiropractors.

First, you have to decide whether you need a separate business office or whether your home office will suffice. It depends on the area of practice. For example, if you are a criminal defence lawyer and most of your clients are in jail, or you practise exclusively in real estate transactions, you probably don’t need an actual office

On the other hand, if your practice requires a lot of face-to-face meetings, having an actual office makes you appear more legitimate and your clients feel more comfortable.

Of course, there are other options in between, such as renting boardrooms on an as-needed basis from other law firms, or sharing office space with another lawyer. Just make sure the space will be available whenever you need it.

Once you have decided what kind of office space you need, it’s time to consider how to furnish it.

You need cash to set up an office and keep it running for at least several months before your practice becomes sustainable. Therefore, it’s terribly important that you spend your cash wisely. I offer a few suggestions below:

Things you should splurge on:

  • A decent computer:

Let’s face it, you can’t do without a computer in the 21st century. While you may not need a state-of-the-art computer, you should make sure that you buy from a reputable brand because minor technical glitches can paralyze your practice. Warranties offered by the retailer are something to consider if they will facilitate speedy repairs.

  • A laser all-in-one photocopier, printer, scanner, and fax:

When purchasing the all-in-one, you should  consider not only the price, but also the per-page cost. Be wary of cheap machines – their per-page costs can be very high as the manufacture aims to make money off the toners.

Another important consideration is the printing speed. The production of legal documents can easily overwhelm your machine. For example, a machine that prints less than 20 pages per minute may become frustrating.

Finally, you should choose a model that comes with a large auto-feed tray to maximize the efficiency of your document-production.

  • A nice ergonomic chair:

I can’t stress enough the importance of having an ergonomic chair; a lawyer can spend an impressive amount of time sitting down. A chair that is not ergonomic can cause stress on your body if you sit too long on it. Consider it an investment in your health.

  • A user-friendly website

Rather than hiring a friend or doing it yourself, get a professional company with a portfolio that impresses you. Communicate your desired outcomes to the designers clearly and set clear deadlines for the project. By hiring a professional firm, you avoid delays that can be very frustrating and costly.

Things you should go cheap on or avoid initially:

  • File cabinets and other office furniture

A file cabinet is a file cabinet. So long as it locks and is not rusty, it will do. Ditto with bookshelves, coat racks, lamps, tables, and client chairs. A slightly used piece of furniture can cost 40% to 60% less than the retail price.

  • Advertising

If you don’t know how advertising works, proceed cautiously, – I learned this the hard way. Advertising is expensive and the results may not be immediate. If you want to take out ads, you should do some independent research or consult a professional. As when buying used cars, you shouldn’t take the salesperson’s words at face value. The numbers on circulation or exposure can be very misleading to the untrained eye.

  • Letterhead and customized stationary supplies

While preprinted letterhead and envelopes may look impressive to the clients, there are few benefits from incurring such costs at the beginning. Your letterhead can be produced by most word-processing programs, while envelopes can be dressed up with labels. It will convey the same professionalism while keeping your costs down.

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Site Update: Article in Chinese Now Available

I’m pleased to announce that an article in Chinese (traditional) is now available under Information in Chinese. This article discusses tax tips for small businesses after the financial crisis in 2008-09.

I plan to post articles in Chinese on a regular basis. Come back to www.pswlaw.ca often for updates.

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PSWLaw Celebrates Family Day and the Lunar New Year

We at PSWLaw are taking time off this Monday, February 15, 2010, to celebrate Family Day and the Lunar New Year.

We will be back Tuesday, February 16, 2010. read more…

Some Legal Aspects of a Wedding: What Your Wedding Planner Won’t Be Telling You

Planning a wedding? Here are certain legal aspects that your wedding planner won’t be telling you any time soon.

  • In Canada, marriage for civil purposes is the lawful union of two persons to the exclusion of all others. In other words, same-sex marriage is legal, although religious officials aren’t obligated to perform marriages that are not in accordance with their religious beliefs.*
  • Polygamy isn’t legal in Canada at the moment.^ However, under the Ontario Family Law Act,# a spouse in a polygamous marriage is recognized if the marriage was celebrated in a jurisdiction whose system of law recognizes it as valid.
  • Persons related by blood or adoption are not prohibited from marrying each other by reason only of their relationship, unless they are related lineally, or as brother or sister or half-brother or half-sister.** In other words, marriage between cousins is entirely legal in Canada.
  • It is a crime for foreign nationals to marry Canadian citizens or permanent residents only to gain entry into Canada.^^ In many cases, sponsors and foreign applicants arrange a “marriage of convenience”: a marriage or common-law relationship where the sole purpose is for the sponsored spouse to immigrate to Canada.
  • If you have been divorced in a foreign country and wish to re-marry in Ontario, you’ll need to get an opinion letter from a lawyer indicating whether the divorce is recognized in Canada before you can be isseud a marriage licence.##

read more…

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Attention Small Business Owners: Take Advantage of Canada’s Economic Action Plan

As Canada is climbing out of the recession, most incentives in the federal stimulus package passed last summer are coming to an end. For example, the home renovation tax credit ended on January 31, 2010.

Thankfully, many incentives for small businesses remain in place for a while longer.

Besides the tax cuts and assistance on financing that have been well-advertised in the media, there remains one practical program that isn’t well-known: helping all sectors invest in computers.

This is how it works:

The regular capital cost allowance (CCA) rate on computer hardware and systems software is 55 percent, subject to the half-year rule that restricts CCA deductions to one half of the CCA deductions otherwise available in the first year. The new temporary 100-percent CCA rate allows businesses to fully deduct the cost of eligible computers in just one year because the half-year rule does not apply.

New general-purpose electronic data processing equipment and systems software that are acquired by a taxpayer for use in a business in Canada are eligible. This includes ancillary data processing equipment and systems software.

However, to qualify for the savings, new computer hardware and systems software must be acquired after January 27, 2009, and before February 1, 2011.

For more information, visit Canada’s Action Plan online at: actionplan.gc.ca/eng/index.asp.

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PSWLaw Announces New Line of Services Dedicated to First-Time Entrepreneurs and Small Business Owners

Are you running a corporation for the first time? Are you a new business owner unsure about the legal requirements of running a business?

PSWLaw is pleased to announce a new line of services dedicated to those who are new on the scene.

We can to provide you with the following information:

  • How to incorporate
  • What is a “minute book”?
  • Your obligation to keep records
  • When you need to be registered with tax authorities
  • Issuing shares
  • Registering shareholders
  • Electing board of directors
  • Appointing officers
  • Adopting the corporate seal
  • How to update corporate records
  • On going consultation and legal advice

Our aim is not to take care of the records for you, but to provide you with the tools so you can do it yourself and reduce your future legal fees.

To book an appointment, please call our 24-hour confidential voicemail box: 416-433-5531.

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