Legal Advice Columns
The following articles are selected reprints of Greg Monforton's legal advice columns. We hope they are helpful in answering some of your legal questions.
Most of us have a rough idea what to do if we are in a car accident. But what does the law require us to do?
Car accidents can be horrible events. People are injured, sometimes killed. Damage costs to cars are high. Insurance rates rise.
Facts of Accident Determine Time Length to Sue
If you want to sue someone, you go see a lawyer. What if you are not sure whether you want to sue? Maybe you decide to wait for awhile and think about.
Jim doesn't see a stop sign. When he doesn't stop, the worst happens: Another car is coming and CRUNCH, an accident. Fortunately, no one is hurt, but there is extensive damage to the other driver's car.
Many people operate under the mistaken belief that the word "contract" is synonymous with "written contract."
You're having a great afternoon watching your favorite ball team. Just as you open your mouth to take another bite of your hot dog, a baseball slams into your face. Who is going to pay your dental bills?
Professional sports have become big business and there are many legal issues we could discuss. In today's article, we will deal with the legal issues involved in a unique aspect of professional sports: The draft system that forces a player to play for a particular team.
The topic of medical malpractice is much publicized, but it is not well understood by most people.
If you have ever sued somebody, you no doubt would have been concerned with winning the lawsuit. But winning on the merits of the case is only the first step; sometimes it's not the most important one. The second question is what type of remedy the court will give you.
In the newspaper and on television we are often told that someone has been granted an injunction to prevent someone else from doing something. How does an injunction work?
Lawyers have a duty to keep everything a client tells them confidential. This is an ethical and legal duty of the lawyer. The courts also respect the confidential nature of the lawyer-client relationship during a trial. Neither the client nor the lawyer will be asked to divulge in court what they have discussed.
You have received a summons to appear for jury duty. Chances are you will have some immediate concerns, such as do I have to go and what about my job?
A short time ago I wrote about what to do and where to go if you were summoned for jury duty. Today, we will consider the role of a jury during a trial.
When a crime is committed, or when a car accident happens, only the people involved know what really occurred. How then, can a judge or jury discovery the truth at a trial that takes place months or years later?
Many people are shy about asking a lawyer how much the service will cost. Don't be. A lawyer should tell you or warn you even if you don't ask. It's in everyone's interest to have everything about the billing process as clear as possible from the beginning.
Military law is not something that applies to most of us. It is a very different system that operates along with our ordinary law.
Although none of us will ever forget the horrible events of September 11, 2001, it will for most of us, due to our lack of direct involvement therein, eventually become a somewhat distant memory. For the families and friends of those directly involved, however, the pain, sense of loss and for many the financial consequences will ever fade away.
Each week in this column I mention whether the law we are dealing with is Federal or Provincial. Sometimes the law covers Ontario, sometimes all of Canada. Have you ever wondered where all this law comes from in the first place? Canada is only 134 years old: Did we invent all the laws on the first day of Confederation?
The Supreme Court of Canada has been in the news recently. We have had decisions of major importance dealing with mandatory retirement at age 65 and the issues of hate propaganda. We hear so much about the decisions they make. But have you ever wondered about the court itself?
Expert Witness Testimony
Only an expert witness can testify to something other that what he saw or heard. An expert can provide opinions on technical matters in areas such as medicine, engineering, etc. This is permitted because it is not reasonable to expect a judge or jury to be able to form their own opinions or conclusions on technical matters.
Property and Real Estate
Before you know it, the snow will be falling, the wind will be blowing and you will want to be safe and indoors, curled up in front of the fireplace with a good book... but, just before you do that, maybe you'd better check how much snow has fallen on your sidewalks. Although you're not expecting company, you never know when someone will come up to your door to deliver a flyer, or walk past your house to exercise their dog.
At about 3:40 p.m. on Jan 19, 1998, Surinder Hundal was driving a dump truck on a wet four-lane street in Vancouver. He went through a red light at an intersection and crashed into a small car, killing the driver.
Do you know what your legal rights would be if you walked into work one morning and were told that you were fired? The answer depends on a number of factors but, generally speaking, you cannot force your employer to take you back.
A concern of many dog owners is the extent of their liability if their dog bites someone.
A common belief is the owner is liable only if the dog has demonstrated a vicious nature and the owner is aware of it.
This is not true.
Under Ontario law, the owner of a dog is liable in damages for the injuries resulting from a bite on another person.
What is it like to have your house broken into and robbed? Or, even worse, be the victim of a violent attack? Fortunately, crime is something most of us do not have to face on a day-to-day basis. It is something that we read about in the newspaper or see on the television news. As a result, our views on crime are shaped in part by shows on television and movies.
Ask any criminal lawyer for the most important piece of general advice to give to someone who has just been arrested, and this is what it will probably be: Don't say anything until you have talked to a lawyer."
We have all seen it too many times: a hockey player swings his stick at the head of an opposing player, or attacks him from behind. This sort of violence is unnecessary in hockey (or any sport). The leagues sometimes discipline the offender, but are such acts also illegal?
As you read this newspaper, you probably aren't at all worried that you will turn a page and find an article written by your mother-in-law telling the world what a chump you are. And you've probably never worried that you'll tune into a radio talk show and hear your neighbor accusing you of being insane.