In the News

Ontario Auditor General Targets the Family Responsibility Office (FRO)

Ontario’s Auditor General, Jim McCarter, released his annual report for 2010 today. Among the highlights, the Family Responsibility Office (FRO) was criticized for not doing its job properly, despite the previous year’s negative assessment.

The FRO is the public office that oversees the implementation of court-ordered spousal and child support orders.

According to the Auditor General, the FRO acts on a maximum of one quarter of all orders issued. As many as 80% of the calls to the FRO did not get through.

McCarter said that the office needs a more “results-oriented culture” and should revamp the system that tracks support payors and their lack of payments.

Collaborative Family Law Practice Now Available through PSWLaw

I’m glad to report that I’ve completed Collaborative Practice Level I training and am now eligible to provide the services of collaborative family law.

Collaborative practice is a modern approach to settling family law disputes in a non-litigious fashion.

In collaborative practice both spouses retain the service of their own lawyer and agree not to proceed with litigation during negotiation. The parties are encouraged to make goal-oriented decisions as opposed to the tactical choices typically seen in litigation.

Services from other professionals such as financial planners and counsellors are often provided to the parties to facilitate the process.

If a settlement cannot be reached, the process is terminated. The lawyers involved in the negotiation will not represent the parties in future litigation.

There are two obvious advantages to the collaborative approach: lower cost and better emotional well-being.

The cost of collaborative practice is generally well below that of full-blown litigation before the court. The parties feel more secure and able to negotiate in good faith because a “cease-fire” agreement is in place. In the event that the negotiation process breaks down, the parties will face additional costs to retain new lawyers.

Further, clients often feel better informed and more capable of making decisions compatible with long-term goals when other professional service providers are involved.

To learn more about collaborative practice, visit my collaborative practice page.

If you are interested in conducting your family law matter collaboratively, please call our office at 416-433-5531 to make an appointment.

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Canada Lifts Visa Requirement for Visitors from Taiwan

On Monday, November 22, 2010, Citizenship and Immigration Canada announced that Canada has lifted its visa requirement for visitors from Taiwan. This is no doubt an early holiday gift to many Taiwanese-Canadians.

Under the new directive, travellers holding ordinary Taiwan passports issued by the Ministry of Foreign Affairs in Taiwan no longer require a Temporary Resident Visa to visit Canada.

According to Minister Jason Kenney, this decision will help boost Canada’s significant trade, investment, cultural and people-to-people links to Taiwan.

Taiwan is home to many of the world’s most dynamic international and high technology companies, including computer giants Acer and Asus, GPS maker Garmin, and the popular mobile phone manufacturer HTC.

Besides the obvious benefits of boosting trade between Canada and Taiwan, the lifting of the requirement makes it easier for Taiwanese passport holders to visit their Taiwanese-Canadian family members or simply to come here for pleasure. In 2009 more than 51,000 Taiwanese travellers visited Canada. More than 150,000 Canadians are of Taiwanese descent.

The visa exemption applies only to holders of ordinary Taiwan passports issued by the Ministry of Foreign Affairs in Taiwan that contain the personal identification number of the individual.

For a complete list of countries and territories whose citizens require a visa, please visit CIC’s website at www.cic.gc.ca/english/visit/visas.asp.

With files from Citizenship and Immigration Canada

B.C.’s Pet-Friendly Antifreeze Legislation Mandates Bitter Agent

The Government of British Columbia is taking measures to prevent ingestion of antifreeze by animals (mostly household pets) and small children by mandating that a bitter agent be added to all antifreeze sold by retailers, starting January 2011.

In the bitterly cold Canadian winter, antifreeze is a common household item, used primarily in cars and sometimes as a surface treatment for sidewalks and driveways to prevent ice from building up.

The main ingredient in antifreeze, ethylene  glycol, is toxic to many animals and humans. It causes poisoning by damaging the liver and interfering with the central nervous system.

Unfortunately, antifreeze has a naturally sweet flavour, which makes its taste appealing to animals and small children. While children are supervised by adults, household pets are often left on their own. When they come across antifreeze, they may lap it up because it tastes good, or simply because they are thirsty.

To combat accidental ingestion of antifreeze by household pets and small children, the B.C. government introduced new antifreeze regulation in 2009. The new law,* which takes effect on January 1, 2011, mandates that all antifreeze sold by retailers must contain denatonium benzonate, a bitter agent.

Denatonium benzonate, often referred to by trade names such as Bitrex or Averson, is the bitterest chemical compound known. It does not interfere with the working mechanism of antifreeze, nor does it cause known long-term health risks.

The law, the first one of its kind in Canada, is welcomed by animal welfare groups and parents with small children in B.C. Let’s hope other provinces and territories will follow suit soon.

*B.C. Reg. 142/2009

Remembering the Fallen

Tomorrow is Remembrance Day.

Also known as Veterans’ Day in the U.S., the occasion marks the end of the First World War at 11:00 am, November 11, 1918.

This is a sombre day for me because my late grandfather and late mother-in-law both served in WWII, one in the Pacific and the other in Europe. Without their sacrifice, I would not be here practising law today.

Our office will be observing two minutes of silence from 10:58 am to 11:00 am to commemorate the occasion. We have also made a small cash donation to the local legion to thank them for their services to this country.

*Image courtesy of Wikipedia, used under Creative Common Attribution-ShareAlike 3.0 Unported Licence, all rights reserved.

A Practical Case against Buying Counterfeit Goods

Most of us have, at one time or another, been tempted to buy knockoffs, formally known as counterfeit goods. These items are often considerably cheaper than the genuine brand and may even look identical to the real thing.

Let’s brush aside the typical intellectual rights infringement claims. I have practical reasons for not buying fakes. After reading this blog, you may want to think twice next time you encounter counterfeit goods.

Counterfeit goods, by definition, are intentionally made to pass as goods produced by well-established producers or brands sold at significantly higher prices. Alas, similarity in appearance doesn’t translate to functionality.

Most problems with knockoffs stem from these basic facts:

  1. You don’t know where they were made.
  2. You don’t know who made them.
  3. You don’t know what they’re made of.

Where the goods are made matters. Name brands and well-established producers comply with manufacturing standards and local labour laws. Fakes, however, are often made “underground,” without the scrutiny of public officials, and evade laws designed to protect workers. The work environment may be hazardous. The workers may be child labour and/or forced to work excessive hours without adequate, if any, compensation. Injuries or deaths may be covered up, leaving the victims and their families without recourse as the employer walks away with impunity.

Who makes goods is important. Fakes lure consumers with cheap prices. That means knockoff makers get them made as cheaply as possible. The workers who manufacture the fakes are seldom qualified. They may be illiterate adults or children who cannot properly operate machinery. Such employment practices can lead to a significant loss of product quality, reliability, and durability. You may have heard anecdotes on how fake goods fall apart quickly.

It may be funny if a fake designer bag falls apart during a gala. It’s definitely not funny if your power surge protector bursts into flames in the middle of the night.

Most alarming is that you don’t know what the knockoffs are made of. This is particularly a hazard when it comes to fake pharmaceuticals, be they fake Tylenol or Viagra. It’s one thing if the pills don’t work as they should; it’s another if unknown ingredients cause health hazards because they are poisonous or they interact negatively with other medications the patient takes. Extreme cases may lead to permanent liver failure, kidney damage, or death.

Fake perfumes are another serious health hazard. They can contain bacteria, urine, fecal matter, and antifreeze, just to name a few surprise ingredients. Unsafe ingredients may cause allergic reactions ranging from minor rashes to death. Knowing this, do you really want it sprayed on your body?

What about other fake consumer products, like jewellery, designer bags, and sunglasses? Surely they can’t hurt.

Wrong. The paint on fake jewellery and counterfeit designer bags may contain lead, which is particularly poisonous to children. Fake sunglasses may be tinted, but they often fail to protect your eyes from UV rays. With your pupil dilated under the shades,  you may be unknowingly frying your eyes simply by wearing a pair of knockoffs.

Last but not least among fakes to be concerned about are knockoff electronics. Besides the well-known failings that they don’t function well and are short on durability, the wiring may be faulty and become a fire hazard. Spontaneous combustion is not unheard of. Counterfeit rechargeable batteries, which may contain hazardous materials such as cadmium, are another serious concern. If the hazardous elements are exposed, they may endanger the health of you and your loved ones.

Think twice before buying counterfeit goods. The price may be tempting, but the real cost to your well-being may be astronomical.

Up and Up We Go: Lawyers’ Mandatory Insurance Premium for 2011 Breaks the $3,000 Mark

By law, lawyers in Ontario are required to carry professional liability insurance to provide legal services in private practice. The insurance requirement is meant to protect the public from lawyers’ negligence or misconduct and provide that, if something goes wrong, at least the insurance company will pick up the cost of repairs.

The minimum mandatory coverage includes $1 million per claim and $2 million for all claims reported in the policy year. A standard $5,000 per claim deductible is applicable under this basic plan, though lawyers without claim history in the past few years may apply for a reduced deductible for an additional premium.

The Lawyers’ Professional Indemnity Company (LAWPro) has just announced that the mandatory coverage premium in 2011 will be $3,350 per lawyer, up from $2,950 in 2010.

According to LAWPro, the factors behind the $400 premium jump include continuing weak investments, low interest rates, the impact of the HST, and depletion of the capital. (Read: It’s not our fault.)

In addition to the above, LAWPro also reported that claim frequency and amounts are on the rise. And of course, the increase in the number of lawyers is another reason behind the higher premium.

I personally believe the underlying reason for the high insurance premium is the lack of competition. Lawyers are required to purchase their insurance coverage exclusively from LAWPro because other commercial insurance providers are not recognized by the regulating body.

Until a second option becomes available, one phrase sums up the mandatory insurance premium: “up and up we go.”

PSWLaw Celebrates Small Business Week, Oct 17-23, 2010

This week, October 17–23, is Small Business Week. Held on the third week of October every year, Small Business Week was started by the Business Development Bank of Canada (BDC) 30 years ago. The week-long celebration has gained momentum in the past few years and gone mainstream. 

Trade organizations and financial institutions such as the Toronto Board of Trade and the Bank of Montreal are holding events and seminars marking Small Business Week. 

Here are a few events that may be of interest: 

Organized by the Bank of Montreal, Bay and College Branch (416-867-5190)

October 20 – Biz Week Fair 

Bank of Montreal, Bay and College 

763 Bay St. 

Organized by the Toronto Board of Trade (416-366-6811)

October 19 – Top of Toronto Networking Breakfast 

Islington Golf & Country Club 

7:30 am – 9 am 

October 21 – Technology Breakfast 

President & CEO of Ubisoft 

Toronto Board of Trade – Downtown Centre 

7:30 am – 9 am 

October 22 – Cash Management Toolkit Breakfast 

Toronto Board of Trade Downtown Centre 

7:30 am – 9 am 

The Canadian Institute for Chartered Accountants is presenting on these topics: 

  • Controlling and Optimizing Cash Flow
  • Building Blocks of Cash Management
  • Effective Budgeting
  • Analyze Sales Cycle

October 26 – Ian Troop – Pan Am Games – Limited seating left! 

Events on the Park – Leslie & Eglinton 

7:30 am – 9 am 

“How can your business get in the action?” 

Several trade organizations are organizing events.

Thank You for Attending Breakfast with PSWLaw

I’m pleased to announce yesterday’s Breakfast with PSWLaw was well-attended. It’s great to meet the neighbours and say “Hi.”

I particularly would like to thank the management of LuCliff Place for granting the permission for the event and FreshStart for supplying the gourmet coffee.

If you missed the breakfast, here are a few photos of yesterday’s Breakfast with PSWLaw.

Breakfast with PSWLaw: October 4, 2010 is Free Coffee and Muffin Day!

Come join us for a free breakfast on Monday, October 4, 2010!

We’ll be giving away coffee and muffins from 7:30 am to 9:30 am at the lobby of 700 Bay St., Toronto, ON, M5G 1Z6 to celebrate our recent move to LuCliff Place.

No strings attached. While quantities last.

Early bird gets the muffin!

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