Intro to Regulatory Offences

Regulatory offences: Some offences utilize the machinery of criminal law, but are not truly considered to be criminal offences. These offences deal with everyday civil matters such as traffic infractions, pollution, hunting regulations, and so forth. Besides the supremely important fault requirement (discussed below), there are a number of ways to identify a “regulatory offence” from a “true crime”:

1. true crimes are usually more socially and morally condemned than regulatory offences.
2. regulatory offences are usually aimed at deterring harm to the public, rather than the individual.
3. regulatory offences are often part of a complex regulatory framework.
4. regulatory offences are not in the Criminal Code (R. v Wholesale Travel, 1993).

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Just a Number with Insurance Companies

We all have to get insurance if we do certain things like drive. Other forms of insurance are ways of mitigating risk, like life insurance or home insurance.

To complicate matters there are a variety of forms of insurance one can purchase to protect the same thing. Life insurance has ‘term insurance’ or the much maligned ‘universal life‘, but there thousands of iterations.

But what happens if you need to make a claim?

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Condos or Townhome vs Single Family House

For the most, a house will be the single greatest purchase of their lifetime. This is particularly true in large cities where real-estate prices are much higher than rural areas. There is a significant amount of research, a well defined process, and necessary expertise to close real-estate transactions. But are there differences between single family home and townhouse / condo transactions?

Yes there is, and it’s more than just preference, but let’s start there.

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Pay Attention to the Fine Print – Chattels

Have you heard of horror stories that upon purchase of a new home, a couple may encounter that there are no appliances. Not just a microwave or toaster oven, but the fridge, range, washer and dryer, all gone?

It happens all the time.

You have to declare in the sale what items are included with the purchase, they are called chattels.

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On the Hook for Debts of an Estate?

When someone leaves you some cash, land, a turtle, behind in their will, who is on the hook for any outstanding debts?

It goes without saying, nowadays there are fewer and fewer people retiring with a mound of cash. Some of our elderly folks need to work well into their seventies, and even then they’ll end up racking up debt to stay afloat.

In a will a Executor is appointed over the estate to divvy everything up. But what happens when you have more debts than assets? Continue reading “On the Hook for Debts of an Estate?”

General vs. Specific Practices

There’s a lot to be said about specific law practices. In fact, there are few ‘general’ practices. Unlike the trades, lawyers typically aren’t ‘Jack of all Trades’. One guy doesn’t specialize in all forms of law. Certainly, there is a general knowledge of other areas, but specialization is very real and something you should pay attention to when selecting an attorney. just going with someone’s cousin Guido doesn’t mean you’re a shoe in for success.

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Confidential Employees – Collective Bargaining

Confidential employees are excluded from collective bargaining because they might be able to give the union access to matters that the employers do not wish them to know about such as bargaing strategy, grievances, etc. (Canadian Union of Bank Employees v. Nova Scotia). That being said, confidential employees will only be excluded if there is a demonstrated conflict of interest (see test).

Managers and Collective Bargaining

Managers are usually excluded from collective bargaining as it is a fundamental premise of labour law that there is a conflict of interest between management and workers (Children’s Aid Society). The most important factors in determining if an individual is a manager are: the power to discipline, the power to hire, promote, demote, and grant wage increases (Children’s Aid). In addition we look to see the discretion exercised by these individuals (Quebec Telephone), being sure to distinguish whether the discretion exercised is “real” discretion, or just implementation of a rubric or policy manual.