There May Be A Benefit In Hiring Car Accident Lawy

Monday, February 9, 2009

Canada Name Search – Tips on Ordering a Federal Nuans Name Search

A Canada Name Search or Canada Business Name Search or Federal Nuans Name Search, as it is sometimes called, is required to incorporate a federal company in Canada.

The main objective of Industry Canada for incorporating a federal company is to have protection for the name across Canada. In order to accomplish this, the federal government must ensure that any name that is proposed does not conflict with any other name being used by an existing corporation anywhere in Canada. The federal government scrutinizes any proposed names very carefully. Industry Canada has developed Name Granting Guidelines and there are certain considerations to make when choosing a name. The average person doing a name search for a Canadian federal corporation would not be able to weed out the names that would be a conflict.

To save yourself time and money you should first do a preliminary name search through an experienced search house. The reason you should have someone experienced perform your Canada Name Search is that the federal government will refuse any name that is remotely close to another name and even names that sound the same and are spelled different will be a conflict. A search house is trained to look for these types of conflicts.

If you do not do a preliminary name search and the federal government rejects your proposed Canada Name Search, you will be required to order another Canada name search in order to request the government to look at another proposed name. This will continue until a Canada name search is cleared. The preliminary name search helps prevent this waste of money.

The federal government as well will provide you with a name clearance which is called a Federal Name Decision which can be obtained in advance of filing your articles and save wasted time. However, a Federal Name Decision cannot be obtained without first providing a Canada Name Search.

They will not look at a proposed company name without a full Federal Nuans name search report being provided to them. Hence, the reason for the preliminary name search.

Frankly there really is no guarantee with the Canadian federal government when it comes to names but experience can help make the process go much more quickly and reduce the likelihood of a rejection to a small percentage.

The name that you pick for your proposed company should contain at least five words and be very descriptive of the type of business that you intend to conduct. A preliminary name search should be done to determine if there are any similar names. If any similar names come up from the preliminary name search, the name should be rejected and a new proposed name should be picked. Most search houses will agree to provide you with a certain number of preliminary name searches for free when you agree to buy your name search from them.

Once you believe that you have a name that is sufficiently different than others, a full Canada Business Name Search should be ordered. There will more than likely be additional names on the corporation name search that are similar in one way or another to the name you have picked. The Canada name search should be submitted to Industry Canada for advance approval.

You should provide them with the following:

- A very complete description of the nature of business of the proposed company;

- if any of the words in the name are a combination of letters rather than an actual word, this should be explained;

- if any of the words in the name are in another language, provide a translation and let them know the language the words are in;

- if you are using your personal name in the proposed name you should advise them of this as well;

- provide the name of the city and province in which the company will conduct business; and

- if you own another company or proprietorship with a similar name let Industry Canada know the name and number of that registration so they will connect it to you.

The more information that you provide Industry Canada when you request its advance approval prior to incorporating, the more likely you will be able to obtain approval of the name. The federal government will then provide you with a Name Decision and approve your Canada Name Search and you will be provided an approval number.

If Industry Canada rejects the proposed name, it will provide you with an explanation as to why. If Industry Canada feels the name is too similar to another name being used by an existing company, you can look into the nature of business of that company and find out (a) what they do, and (b) whether they are still in business. If the nature of business is substantially different than your proposed company then Industry Canada may provide its consent to you for the use of your proposed name regardless of whether it first said no to your request. You may be able to determine the nature of business by checking Yellow Pages, Superpages or calling and discreetly attempting to determine the nature of business. You can also obtain more information about the conflicting company by obtaining a corporate search. A corporate search will provide you with the address of the company and the names of the directors and officers so that you have more information to find out whether the company is active. If you cannot locate the company in the phone book and on the web you might have a case to say that the conflicting company name is not out in the public eye so you should be able to use the name.

You would send a further letter to Industry Canada by facsimile outlining the information that you have researched and ask them to reconsider your choice of name again. In some cases, Industry Canada will allow you to use the name on the basis that if any one challenges the name at a later date, you will endeavour to change your name.

If, after all efforts have been attempted, your name is still rejected you will need to start the entire process over again. Remember…..there is no guarantee. It depends on the examiner at Industry Canada, but you can cut down the odds if you do it right the first time.

Prevent Car Dealers, And Other Finance Sources, From Accessing Your Credit Reports Without Your Permission

It sometimes happens that car dealers and other sellers of “big ticket” items like furniture and appliances will tell the consumer their credit reports will not be accessed and then they are. Too many credit report accesses can adversely affect your credit rating.

More and more, people arrange for their own financing before buying cars or other big-ticket consumer items (boats, refrigerators, etc.) In my own opinion, this is a superior idea. However, such consumers then fill out credit applications at the dealership, which in turn pulls the consumer’s credit and lowers the consumer’s credit score with a “hard pull”. This is entirely unnecessary.

I have received many calls over the years from consumers who tell me (and I generally believe them) that they verbally told the dealership not to pull the credit report, but the dealer does anyway. Can they do anything? Usually, no. I address this problem in a very recent correspondence with a woman named Rebecca, which follows:

“Dear Mr. Brennan, I have a questions I went to a dealership to buy a car, did not do business with them financially I already had my loan from the credit union and I told them this, thy promised me they wouldn’t pull my credit or touch anything like that. Once I signed the paper work from them to send the buyers order and sticker to my credit union etc. I came to work the next morning had got notice that the dealership pulled my credit regardless and its showing on all 3 bureau’s what can I do? Signed, Rebecca”

“Dear Rebecca, if you signed something from the dealer authorizing them to pull your credit, there’s not a lot you can do. Unfortunately at many car lots, etc., the authorization to pull your credit is in small print and you would not normally notice it unless you were specifically looking for it. I usually advise consumers to specifically look for and cross out the language giving the dealer the right to pull a credit report, if indeed the consumer is not going to be applying for financing through the dealer. If the consumer already has his or her own loan, there’s absolutely no reason for the dealer to pull credit, but dealers will often pull credit anyway to find out how much they can upcharge the consumer with worthless add-ons on their loan, such as window etchings, leather treatment, etc.

“However, the moral of this story is, don’t rely on verbal assurances that the dealer will not pull credit. You need to read through the purchase contract, or other dealer documents, and find the language allowing them to pull credit, and cross it off. Or, give them a letter with your signature stating that you positively do not grant them permission to pull credit, and obviously keep a copy for yourself. It needs to be in writing to get anywhere with an unauthorized credit access claim.”

Thanks for taking the time to read & hope this helps you. Bob Brennan

The “Tampering” Defense to Lemon Law Claims by Mercedes and BMW

This articles on the "Tampering Defense" to Lemon Law claims should be of special interest to Mercedes and BMW owners living in the Southern California area.

Here in Southern California, there are a good number of BMW and Mercedes dealerships around. In fact, a few years ago, I read that So. Cal. was the largest market in the WORLD for BMW’s and Mercedes. I don’t know if that’s still the case but S. Cal. continues to remain big enough to mean something to these German manufacturers.

Lately, both MBZ and BMW have responded to lemon law claims with the “tampering” defense, i.e. that the consumer tampered with the vehicle to produce repeated problems. In particular, MBZ and BMW have targeted persons of Armenian and Russian descent who have made such claims.

In fairness to BMW and Mercedes, there have been reported tampering cases where consumers with contacts within the dealerships have subtly altered the electronics of the vehicle to produce “codes”, check-engine lights and other electrical malfunctions which would then give rise to a lemon law claim after not being repaired after some repair attempts. However, what we’re seeing now is MBZ and BMW stretching the “tampering” defense to just about any lemon law claim, particularly if the complaint involves electronics. As with prior cases, they appear to be targeting Armenian and Russian consumers.

What is particularly unfair about this is the fact that MBZ and BMW vehicles frequently have legitimate electrical defects which give rise to legitimate lemon claims. This is one of the reasons that these manufacturers are stretching the “tampering” defense well beyond its proper boundaries.

If you have a lemon claim AND IF your vehicle’s defect is electrical in nature, AND PARTICULARLY IF you are Armenian or Russian, here is how you “short-circuit” the “tampering” defense:

1. When you bring your vehicle in for a repair attempt, deliver a written note to the service writer with the following: “Because of repeated instances of _______________________(describe electrical defect, i.e. “check engine light illumination”), I am considering bringing a lemon law claim for replacement or repurchase of my vehicle. I am concerned that [BMW] [MERCEDES] will accuse me of having tampered with the vehicle’s electronics to falsely create a lemon law claim. THEREFORE, I INSIST THAT, DURING THIS REPAIR VISIT, YOU UNDERTAKE ANY AND ALL NECESSARY INSPECTIONS OF THE VEHICLE TO EITHER CONFIRM OR RULE OUT THE EXISTENCE OF ANY TAMPERING.” You can bring this note to the dealership as many times as you want, but once will probably suffice.

2. Obviously keep a copy of the note for your own records.

3. If the vehicle remains unrepaired, you have your lemon law claim in place and you have essentially undermined their “tampering defense” by yourself throwing it into the open for an inspection specifically to either prove or rule out the tampering. This will obviously lend credibility to any future lemon law claim you may have.

I hope this short article has been of assistance to you & thanks for reading.

Are You Stressed Out Over Injuries From An Accident?

If you suffer serious personal injury as the result of an automobile accident, whether you are driver, passenger or pedestrian, life can become very difficult. Physical injuries affect your ability to work, take care of your family, and pay your bills. If you were involved in an automobile accident and it was not your fault, you may need to consult with a personal injury attorney. You may want an experienced personal injury attorney to help you get all the compensation you are entitled to such as medical expenses, lost wages and pain and suffering resulting from the accident. A personal injury attorney can help give you an idea of how much your case is worth and the steps involved in filing a lawsuit, if your case can’t be settled for a reasonable able sum based on your medical bills, lost wages, lasting bodily injuries.

Dealing with insurance companies can be overwhelming and a bit frightening for most people. An experienced personal injury attorney can help you deal with these issues and help you make the best decisions for you and your family. A good attorney can also help you determine if a settlement offer made by an insurance adjuster is fair to you. There are a lot of legal issues to consider regarding automobile accidents. It may help to have someone on your side to advise you of your rights, deal with the insurance company and court system, and help you get your life back on track.

Things you should do if you are ever involved in an accident include, getting a copy of your accident report and getting the contact information for all witnesses; getting copies of your medical bills and photos of the injuries and vehicle; and follow the instructions of your doctors. When you meet with a personal injury attorney provide the attorney with all of your information. And most importantly, talk to an attorney before you sign any releases. If you need the services of an attorney, the sooner you hire one the more likely you are to properly protect your legal interests.

Most attorneys who represent victims of automobile accidents do not charge any consultation fee and work on a contingency fee basis, which means the attorney will only get paid if you get a financial settlement. So it should not cost you anything to see if an attorney can benefit you and whether you need legal representation regarding your case. So if you are involved in an automobile, truck, motorcycle, dog bite, or any other type of accident, suffered injuries, and it was not your fault, call a personal injury attorney today. You may be happy you did. Let your attorney worry about the court process. While you may be entitled to financial compensation, there is no guarantee that you will be offered the compensation you deserve for your damages. Your attorney can help you understand how the legal process of settling an accident case, both the good and the bad.

What Are Some Characteristics That Make Up a Good Criminal Lawyer?

No one necessarily wants to be in a position where they have to seek legal counsel for any situation. When lawyers get involved, that’s usually when things get ugly for some, if not all of the parties involved. If you are involved in a situation where you need representation from a good criminal lawyer, it helps to know what to look for in the best criminal lawyers.

Here are some very important qualities that you should look for before obtaining legal counsel:

Tenacity

A good criminal lawyer will never say die, they will be ever prepared to do what it takes to get the win. Long, long hours pouring over every little bit of information available - studying case files, interviewing witnesses and seeking new information that even the police haven’t found are all things that your lawyer should be doing for you. If your lawyer is getting eight hours of sleep a night while representing you than he isn’t doing enough to win the case and earn his fee.

Reputation

A good criminal lawyer will be known and recognized in the community, you will have heard their name and seen their face because they are ever determined to win and will want everyone in the community to know how hard they work. A good criminal lawyer’s reputation for success will most certainly precede them.

Experience

Practicing law is a very tricky and difficult occupation, requiring thousands and thousands of hours of study and experience 'in the trenches' to truly perfect. You want a criminal lawyer that has dozens, or better yet hundreds, of cases under his or her belt. With every case tried a good lawyer will learn something that they didn’t have up their sleeve before and you’ll want the benefit of all of those tricks present in the lawyer that is going to be representing you. It’s even better if the lawyer has a good bit of experience representing people in cases similar to yours - some will say that experience is experience, but there are some inherent pitfalls that come with trying certain cases and the more experience your lawyer has dealing with the actual specifics that he or she will encounter with your case, the better prepared her or she will be.

High Workload

If you call a lawyer to make an appointment and they tell you that they are available any day at any time, that is not a good sign. You want a lawyer that you have to fight to get an appointment with; because that means that they are working. An overly busy lawyer normally gets to be overly busy by winning cases, if a lawyer tells you that he has unlimited availability then they probably haven’t done to well for themselves in the courtroom. It’s much better to be squeezed in by a winning lawyer and give yourself the best chance of getting top quality representation than to choose your appointment time with a lawyer who’s got too much time on his hands and set yourself up for defeat.

Local Office

You’ll want a lawyer who’s got a local office rather than someone from outside of the jurisdiction. A local lawyer will often have solid relationships with many of the judges and many of the prosecutors that you’ll be appearing before. If your case happens to be one of the many that will be pleaded out to avoid trial, than those close knit relationships with the judges and the prosecution could come in very, very handy in your particular case.

Depending on your case, your choice of legal representation could very well be a life altering decision. Don’t pick blindly from the phone book, do all of the appropriate and necessary research to ensure that you are getting the best possible representation that you can afford for your particular case because that’s the only way that you’ll truly be able to feel confident going into the trial.

Employment Law – How to Make it Work For You in a Recession!

As every media outlet in the UK and beyond has been repeatedly telling us for the past couple of months, we are already in a period of economic recession. As you will also be aware, this means a tough time for businesses small and large. A topic that might not immediately spring to mind when you think of this, however, is that of Employment Law and in particular the risks you are taking if you your employment procedures are not compliant.

For both employees and employers alike, this is an area that needs to be closely inspected in case the recession reaches the low point that it is forecast to reach. Yet it’s not just the consequences of the credit crunch which might lead you to look at Employment Law a little more closely. Over the past 20 years there has been a steady rise in the amount of employees taking their employers to court over decisions that they felt, after seeking legal advice, were not in accordance with Employment Law. This has particularly been the case over the past five years since the introduction of a huge amount of protective employment law and regulations that companies now have to comply with. Although much if it is the codification of simple good practice, there are a number of areas where companies continue to trip up – indeed, it can be a minefield.

It can be a traumatic experience for all parties involved, not to mention for those connected to parties involved, which is why knowledge in this field of law is especially useful. Good advice will reduce any stress and worry involved, so that you can rest assured that your procedures are watertight and potential claims are limited.

There are various reasons as to why an employee might take legal action against his former (or sometimes current) employer. Three of the most frequent reasons include Harassment, Discrimination, and Unfair Dismissal.

Discrimination is a common complaint, particularly since the instigation of the Human Right Acts, and it can take a number of forms. The grounds on which people are discriminated against comprise of anything including:

1. Sex
2. Race
3. Disability
4. Religious Belief
5. Age
6. Sexual Orientation

Instances in which it is unlawful for an employer to discriminate against you on the grounds of these include:

• Refusing to employ or consider you for a job
• Offering you a job on less favourable terms than others
• Refusing to promote or transfer you to another job
• Giving you less favourable benefits than a colleague
• Shortening your working hours
• Dismissing you or making you redundant

There is a huge amount of legislation relating to the different types of discrimination and it is imperative that your company complies rather than facing the consequences of not doing so. If a disabled person was to take legal action against their employer then they would do so upon the basis of the Disability Discrimination Acts of 1995 and 2005, for example. Another illustration of this would be the 1976 Race Relations Act, which makes it unlawful for your employer to discriminate against you on the grounds of your colour, nationality, ethnic or national origins.

Harassment on the grounds of sex, including sexual harassment, is considered to be direct discrimination and is strictly prohibited by law. In broad terms, harassment can occur where: Unwanted conduct on any of the areas covered by the discrimination laws is apparent; an intimidating, hostile, degrading or offensive atmosphere is created; or the person is the recipient of embarrassing jokes, offensive jokes, pranks, or unwelcome physical or sexual advances.

In addition to Discrimination and Harassment, there is the matter of Unfair Dismissal. If you are an employee and feel your employer has dismissed you unfairly then you might be able to make an unfair dismissal claim to an Employment Tribunal. However, in most instances you will need to have been employed for at least a year to make a claim. The onus is on you as an employee to show you have been dismissed and your employer to show they have a valid reason for dismissing you and acted reasonably in the circumstances. An important thing to note here is that (again, in most instances) a claim must be made within 3 months of the effective date of termination. Nevertheless, this may be extended to 6 months in some situations.

Ultimately, it can only be beneficial to stay abreast of Employment Law to make sure you are treated fairly and treat your employees fairly, and it is important to get professional legal advice on any matter that might lead to legal action. This knowledge, in turn, will reduce any stress on your part, which any employee or employer will admit is a welcome consideration regardless of the economic climate.

This article is free to republish provided the authors resource box below remains intact.

Compensation Claims When Injured As a Result of a Car Collision

There are numerous obligations on a person that has been injured in a motor vehicle/car accident which is also known as a third party claim so as to protect their legal rights.

Firstly, it must be established that the accident occurred as a result of the fault of another person.

Negligence of the Driver

Generally, people who operate machinery such as cars, motor cycles, buses and/or any other unregistered form of transport that is similar to a motor vehicle and defined as a motor vehicle under the law need to operate the machinery taking reasonable care. The injured party known as the Plaintiff is required to prove that the defendant, that is, the person at fault was negligent. In many cases only a small degree of negligence is necessary to be established. Police attending the scene of an accident are not always correct in assessing who was at fault and look at it from a different point of view namely, a criminal burden of proof.

Accidents not caused by the Driver

In some circumstances motor vehicle accidents, can occur where there was no driver fault. For example if there is an issue as to the unsuitable state of the roadway caused by for instance the Road Traffic Authority leaving gravel or sand on a road or alternatively, the vehicle itself may have been faulty, action can be brought against other parties other than through third party compensation. This action may involve a product liability suit against a car repairer and/or manufacturer or alternative an action against someone that caused damage or unsafe surface on a roadway. We will look at all of these aspects in assessing liability.

Injuries

Often in motor vehicle accidents people are seriously injured and could sustain brain injury, orthopaedic injuries, internal injuries to stomach, liver spline and/or other areas of the body and these injuries and disabilities cover psychological and psychiatric problems. We will take into account and have you assessed by various medico-legal specialist covering psychiatric, orthopaedic, neurological, homecare service needs, wage loss including loss of superannuation, projections into the future as to wage loss, superannuation loss and homecare needs and medication and surgery needs both past present and future.

Nominal Defendant Claims

Often an accident can occur where the identity of the driver at fault is not known for example where a person causing an accident leaves the scene of the accident or does not collide with the injured person and/or the vehicle in which they are travelling but rather indirectly causes the accident and their identity is not known. Under those circumstances, there is a special insurance cover known as Nominal Defendant right of action in Australia covered under Australian law. It is very important however to report immediately to police attending the scene of the accident or shortly thereafter of these circumstances so that adequate investigations can be made in a timely fashion.

Non Economic Loss

Claims for pain and suffering arising from car accident claims are known as non economic loss. There are however thresholds to overcome and in NSW an injured person must have injuries 10% or greater based upon Whole body permanent impairment. In various states of Australia the figure differs but basically there are specialist doctors that our firm will engage generally at our own cost who are well versed in assessing this aspect. Even if a claimant does not exceed the 10% threshold the injured person still has very valuable legal rights for numerous other heads of damages including Homecare and/or gratuitous services provided by family members and/or friends, past and future medical expenses, past and future wage loss, claims for additional household equipment needed to assist the injured person including renovations to the home if necessary.

Legal Costs

Legal costs in Motor Vehicle/Accident Claims are generally covered by the third party insurance scheme for the particular state in Australia where the accident occurred. Please be aware that these costs are limited and most if not all lawyers acting charge above the scale allowed. It is important to note that any lawyers that wish to charge above the scale need to set out in writing in a separate document the clear terms upon which they intending to charge.