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Getting Back in the Workforce for Retirees

Many older Canadians desire to work and many need to continue working. Studies performed by researchers have shown that when gainfully employed, older citizens experience personal fulfillment, enhanced self-esteem and overall better physical health. Employment also reduces the likelihood of seclusion. People are living longer, which changes the financial picture. While some work to prevent having to exhaust retirement savings, others need a paycheck to survive. CARP has played a role in helping retired Canadians find employment by hosting job fairs.

However, according to the chairman of the Toronto CARP chapter, Adino Lebo, much more is needed. Employers continue replacing full-time, experienced and skilled older workers with younger counterparts. Businesses are also void of having possible transition type positions that might include fewer hours. Unfortunately, while having the ability to be productive, the societal construct has not changed from the time when most people once quit working after reaching the age of 65.

Some of the options available to older workers include franchised businesses or sales. While these choices do not pose a risk to a potential employer, they may not be the right fit for all needing work. With the limited number of employment opportunities available, competition is steep.

The Ryerson University’s Dean of G. Raymond Chang School of Continuing Education, Marie Bountrogianni has a number of recommendations for older workers interested in re-entering the workforce. The first step involves updating a resume. While someone may be able to look at a potential employee and estimate physical age, a resume need not provide absolute proof.

When applying for a particular position, only submit experience or work information that is relevant to the job. Resist the urge to enter dates for previous positions, schooling or training. Think functional rather than chronological. Employment candidates must also demonstrate ways that they have attempted to remain current in the field of interest. Take a class or two if necessary.

During the interview process, employers cannot legally ask a possible employment candidate about age. If the topic comes up in a round about manner, use the moment to insert the many positive aspects of being older. Express the experience gained from working with various age groups or personalities. Enlighten employers as to the reliability and flexibility that an older employee brings to the table by not having the constraints that many younger people possess.

Social media sites are becoming more and more an integral part of many companies for a variety of reasons. Prospective employees may need to use these tools. If having never done so, become familiar with Facebook and Twitter. If having used these platforms in a previous position, say so. However, as many workplaces are wary of having employees with an addiction to these sites, do not exude over enthusiasm for their use.

Cases

Recent Ruling Clarifies Role of Debt in Equalization Calculations

Today’s post comes from Greg AzizA freelance copywriter with a Journalism degree from University of Toronto and with over 5 years of experience writing for hundreds of companies from virtually any industry. Feel free to connect with him on TwitterGoogle +Linkedin, or Quora

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A recent Ontario Court of Appeal ruling on the issue of bankruptcy as it applies to the equalization process in family law shows the difficulty in deciding what exactly is fair in such cases. Bankruptcy and family law can become very complicated, as the latest appeal court overturn of an earlier verdict again proved.

The ruling in Zavarella v. Zavarella had both a clear majority rule statement and excellent arguments on the side of dissent. In the case, the wife had amassed about $60,000 in consumer debt prior to her marriage. She made an assignment for bankruptcy before the date of her marriage, but when the marriage dissolved, there was debate over how the debt should be factored into her net family property so that equalization could be done fairly.

The issue was further complicated by the fact that the wife obtained a discharge several months after the marriage date, without having paid anything towards the debt. As a result, the initial trial judge ruled that even though bankruptcy had been assigned, the debt still remained on the date of the marriage. Thus, that debt had to be calculated into the net family property, reducing the ex-wife’s equalization payment.

The Court of Appeal did not see it this way, overturning the original decision. The central issue of the case, as most observers saw it, was what value the court should ascribe to the debt that existed on the precise date of the marriage. The argument that held sway was: in light of the premarital assignment in bankruptcy, the liability hinged on the pending discharge in full or in part. This interpretation would make the debt subject to discounting.

The court was said to have followed the rationale in Greenglass v. Greenglass, which guided the justices to assess the “reasonable likelihood” of debt repayment when an equalization calculation is made. The dissenting side believed that as of the date of the marriage, the debt was not a contingent liability, but a fully owing debt, pending discharge. It further ruled that the legislature’s formula for calculation of equalization of net family property of spouses was clear and without room for adjustment. Furthermore, in light of the clear formula outlined in the Family Law Act equalization provisions, judges should not be allowed to use their discretion in family law cases.

During the trial, both the husband’s and wife’s experts testified that full repayment of the debt was unlikely, which led the court to treat it as a contingent liability, thus leading to the discount for the contingency of the probability of collection.

The primary fact leading to the majority opinion was that the assignment of bankruptcy was made prior to the marriage, which would take the debt into the realm of contingent, not liquidated. If the wife had filed for bankruptcy after becoming married, the debt would probably have been fairly reflected at its full-face amount on her net family property statement, because no contingency would have existed on the marriage date.

Family Law Attorney

Vital Steps to Choosing the right Divorce Lawyer

When it comes time to start looking for a legal representation during  divorce hearing you want to make sure you are getting someone that is well versed in these type of cases and is able to take legal action on your behalf that will be to your best interests.  It is a stressful time for most people that have to go through the divorce process so you want to make sure you have nothing to worry about as far as your attorney’s skills are in handling your case.  It is best especially if children are involved to try and go through with the divorce in the most calm and least stressful way for their sake.  This is already going to be a very traumatic experience for your children with the break-up of the family unit.  They certainly don’t need to have their parents battling it out in the courts.  If you are certain you need assistance with your legal issues regarding your divorce there is some advice in this article for you in finding the right lawyer for your particular needs.

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Family Law Attorney

Top 5 Things To Consider When Hiring A Divorce Attorney

Hiring an efficient divorce attorney is very important to decide to what extent he will be able to stand by you and try to help you win your divorce case. Not all lawyers are that loyal and they might simply keep dragging the issue for longer period of time. Some might just take money from both the parties and do something that is not good for either of you. It is very risky to hire such a divorce lawyer if he is not supporting you, and just worried about his money. Getting divorced is first of all very stressful. On top of it, if you get a lawyer who is not bothered to save you in the case, then you are almost heartbroken.

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Contingency Fees: Things to know Before You Hire a Lawyer

Contingency fee is nothing but a fee asked by your injury lawyer at your first meeting. He might even ask you to sign and agreement before leaving his office. You might be wondering what this contingency fees is and why on the earth do you need to pay this to your attorney. Contingency fees may not be always charged and not by all attorneys. Contingency fees are most likely charged for real estate and business.

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Family Law Attorney

7 Personal Injury Claims

After an accident, it might be required to file the personal injury claims and also might be required to hire an attorney in some cases. Your insurance will decide how much the claim is worth and the best steps you can take to protect your legal rights.

Here are the 7 things you need to understand about the personal injury claims before you jump on trying to claim the accidental injuries.

1. Personal Injury case

Drivers are supposed to drive carefully without causing any accidents. However, if by mistake or due to some reason you are in an accident with another driver and the fault is not yours then you are still in a good shape. However, if you have injuries after the accident, then you have the every right to claim for these injuries and any other damages caused by the other driver. You can file a personal injury case, collect all the documents and evidence of the accident and your injuries and reach out for claims.

2. Negligence or anything else?

There are certain cases where the defective manufacturing of a product might be harmful to the employees. In this case, you really don’t have to worry about the claims and fighting out the case with evidence and proofs. You will be automatically covered under the accidental claim if it is proved that the product was defective and potentially harmful for the people who use them. On the other hand, intentional errors are never to be excused. In case you are held responsible shop lifting and hits you, then this was completely wrong, then, you will be liable for the claim, however, you should be able to prove your honesty.

3. Filing law suite

When you file a law suite, both the party lawyers will have to collect the necessary documents. Once this is done both the party lawyers try to settle it out of the trial. In most of the cases it works fine, while very few of them go to the trial.

4. Winning the case

If you are proven victim and the opponent is proven guilty, then you will be awarded for the damages, in terms of compensation for medical expenses, disability, physical pain, suffering, loss of pay you had at your work or any other damages caused.

5. Settlement

If both the parties try to negotiate on a settlement, then you would agree for getting some money for the expenditures you had in exchange with closing out the case and promising not to drag it to trial. This helps your opponent from saving their name getting listed in the civil records or case trials. You might have to consult this with your lawyer and decide if you can go ahead with the settlement, because that is beneficial for you too.

6. Punishment

There won’t be any punishment unless there is loss of life in the accident or unless the case turns into a criminal case from a common civil case. If there is a proof that the other party has intentionally tried to harm you, then it would turn to become a criminal case, rather than the civil case. Otherwise, there won’t be any punishments in such unexpected accidents.

Accident between a car and a truck

7. Being timely

If you are planning to file a personal injury law suite, then you need to know what is the amount of time you have from the time of accident to filing the law suite. Different states have there own time limits. Consult an accidental attorney in case you are not aware of it. In case you miss your deadline then your case will not longer be considered and you will have to bear all the injury expenses.

Family Law Attorney

Actions Against the Police :WHAT CAN I SUE FOR?

Most of the complaints people have on the police is due to their misconduct when the police usually violates a citizen’s civil rights. Under the constitution or the Federal law, it becomes most unlawful for anyone who deprive other person’s rights. Sometimes, people are held responsible by the police even though they haven’t committed the crime. Hence the rage in public arises for such bad conduct police officers.

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Family Law Attorney

Defenses to Divorce

The types of fault most commonly recognized as grounds for divorce are adultery, mental or physical cruelty, desertion or abandonment (usually for at least one year), nonsupport, gross neglect, alcoholism or drug addiction, impotence, insanity, and conviction of a felony (a prison sentence of at least one to three years may be required). One important ground rule:

To obtain a divorce based on fault, the innocent spouse must be the one who initiates the legal proceedings; a person cannot go out and commit adultery, then file for divorce on the ground that he or she has been unfaithful. In some states, a divorce is available if the parties have been separated under court order or written agreement for a specified length of time, ordinarily six months to two years, depending on the state.

Before no-fault divorces, adultery and extreme mental cruelty were the most common types of fault alleged in divorce actions. The adultery often was staged or committed with the other spouse’s approval. The “guilty” spouse usually would be caught in the act by the “innocent” spouse’s private investigator, who always had enough time to take several incriminating pictures for evidence.

Divorces based on mental cruelty frequently included testimony from friends, neighbors, and relatives, stating that they had heard one spouse verbally abuse or humiliate the other incessantly. The children might even be called to testify about general living conditions—the house was unsanitary, a parent was drunk every night—or about constant and heated arguments they overheard between their parents. Not infrequently, except for the children’s testimony, much of the testimony was exaggerated, even completely fabricated, to ensure that the divorce would be granted.

Suppose that you spouse sues you for divorce, but you don’t want one. Is there anything you can legally do to “defend,” or prevent, the divorce? Defenses to divorce actions aren’t nearly as important today as they were forty or more years ago, when divorce were harder to obtain. Defenses are only relevant in divorces based on fault. No-fault divorces are essentially un-defendable: If one spouse wants a divorce, there isn’t much the other can do to stop it.

In a fault divorce proceeding, if an innocent spouse forgives the adulterous spouse, the defense of “condonation” stops the divorce. Another defense is the assertion that the other spouse provoked the conduct complained of. The provocation must be sufficient to justify the wrongful act, however. For instance, a husband cannot justify an adulterous relationship because his wife refused to have intercourse with him one night.

At one time, a frequent defense was recrimination: The spouse who filed for the divorce was accused of being equally guilty of immoral or other wrongful conduct. If the wife asked for a divorce on the ground that, say, her husband committed adultery, the husband could defend the divorce on the basis that the wife herself had also committed adultery. Even if the husband agreed to get a divorce, some court would not give the couple a divorce, since they were equally culpable. Holy wedlock became unholy deadlock. This made absolutely no sense, as the two people obviously no longer wanted to be married, and the marriage was beyond salvage. Today most court simply would grant the divorce, end the couple’s suffering, and let them get on with their separate lives.

When divorces were permitted only because of one spouse’s fault, a couple who could no longer live together occasionally would agree that one of them should commit adultery so they could get the divorce.

Unfortunately, if the judge found out about it, he or she would deny the divorce because of the parties’ collusion.

Family Law Attorney

Spencer County Prosecutor

The job of Prosecuting Attorney is a very demanding one. In addition to the ability to effectively manage 10 employees and a $200,000 budget, the Spencer County Prosecutor must effectively prosecute hundreds of felony and misdemeanor cases with the assistance of only one chief deputy and one part-time deputy.

2009 was a record year in Spencer County with over 330 new felony cases filed including two murders and one attempted murder. My office has been extremely busy and working very hard to prosecute these cases and fight for you, the citizens of Spencer County. I am very proud to list some of the accomplishments the prosecutor’s office has been able to achieve since I started working in the office in 2002:

• Strong sentences for serious cases such as murder, child molesting, burglary, and major drug manufacturing;

• Aggressive prosecution of all cases including actively pursuing search warrants and court subpoenas to obtain evidence;

• 24/7 on-call service to law enforcement for search warrants, arrest warrants, and legal advice;

• Regular training for law enforcement on new legal developments and issues affecting law enforcement;

• Drug forfeiture program to seize drug money from offenders and use those funds to purchase law enforcement equipment and fund officer overtime for special projects and investigations. Approximately $14,000 was spent in 2009 from these funds in support of law enforcement;

• Recently, proposed and received approval from the Spencer County Commissioners to update the county ordinance governing the Drug Forfeiture Program to increase fees that can be collected from offenders and expanding types of offenses for which fees can be collected and deposited into the Law Enforcement Fund;

• Bad Check Program to assist local businesses in receiving restitution and fees for bounced checks. Over $10,000 was collected through this program in 2009 and since its inception in 2002 the program has collected over $100,000 in checks and fees involving over 900 bad checks.

• Recently, proposed and received approval from the Spencer County Commissioners to update the county ordinance governing the program to increase the fees that can be collected on behalf of businesses.

• Writing and receiving annual grant to fund the Victim’s Advocate program to provide a Victim’s Advocate in the Prosecutor’s Office to keep crime victims informed on the status of criminal cases and assist in guiding them through the criminal justice process.

• Working with local law enforcement, child protection, and victim assistance agencies to develop a multi-disciplinary team approach to child molesting cases, implement forensic interview techniques, and obtain mobile recording equipment to improve evidence collection in child molesting cases to make cases stronger and obtain even stronger sentences and even more convictions.

• Development of newer and smarter approaches to the methamphetamine epidemic including prison time, the drug court program, treatment options, and intensive supervision following release through the Community Corrections Program.

prosecutor

• Wrote the grant in which Spencer County received a $250,000 annual grant creating the Spencer County Community Corrections program which now funds the community service program, drug court, the electronic monitoring program, the day reporting program, and GED and substance abuse classes all without using any county funds.