13363
Law Matters - Jeff Zilkowsky

Sued for having sex?

May 22, 2012 / 5:00 am

Photo: Contributed With summer coming, your dating life may soon ‘pick up’. And, when dating someone, there is a lot to discuss, such as family, work, and future goals. But how about whether or not you have any sexually transmitted diseases/infections...

Traffic tickets: big changes coming

May 15, 2012 / 5:00 am

There may be big changes coming to B.C. Bill 52: Motor Vehicle Amendment Act received second reading in the B.C. Legislature last week and, surprisingly, there hasn’t been much media coverage on it. Don’t let the lack of media attention stop you: I encourage you to read it....

Eyewitnesses are unreliable

May 8, 2012 / 5:00 am

Photo: Contributed Eyewitnesses who consciously lie on a witness stand are dangerous to our justice system. But, potentially even more dangerous, are those eyewitnesses who think that they are being truthful (and are able to convincingly tell their story), but are actually...

Can you spot a liar?

May 1, 2012 / 5:00 am

Photo: Contributed - (Photo: Flickr user, jacob1880) Can you spot a liar? I don’t think you can. When a witness testifies in court, he/she is being judged on whether or not their evidence makes sense and whether or not it is supported by other evidence. Obviously,...

Your secrets are safe

Apr 24, 2012 / 5:00 am

In practice, I am often asked, “This conversation is just between us, right?” This column is intended to answer that question. Put simply, what you tell your lawyer is confidential. This confidentiality is both a ‘rule of evidence’ (protected by the court) and a...

Class action lawsuits

Apr 17, 2012 / 5:00 am

Imagine this: you buy a new car and, shortly after, some electrical equipment fails from faulty wiring/poor design. It costs you $2,000.00 to fix it. You ask the car manufacturer to compensate you, but they refuse. You want to sue the manufacturer; but, it doesn’t make sense to hire a...

Shoplifters treated unfairly

Apr 10, 2012 / 5:00 am

Shoplifting is a huge problem.  It costs Canadian retailers approximately $2.75 billion dollars per year, over 7 million dollars per day. Without shoplifting, retailers could create 100,000 new jobs. Customers pay prices that are approximately 20% higher to cover the cost of theft (i.e....
11840

Some criminals get off lucky

Apr 3, 2012 / 5:00 am

Last week, I described Crown Counsel’s charge approval process. This week, I will discuss a type of ‘sentence’ that results BEFORE the charge approval process begins. This type of ‘sentence’ is referred to as ‘diversion’. To begin, diversion is not...

Police don't lay charges

Mar 27, 2012 / 5:00 am

Police have a lot of power - provided that they follow the rules, they can search your home, take a sample of your breath, or even apply deadly force. There is, however, something that they don’t do: lay charges. Imagine this: you spot someone stealing your car and you call the police....

Lack of funding benefits offenders

Mar 20, 2012 / 5:00 am

People who are charged with criminal offences are entitled to be tried within a reasonable time, as required by section 11(b) of the Charter. If they aren’t, those alleged offenders can be ‘let off’ without standing trial, a situation that should have everyone concerned (and...

Justice system in crisis

Mar 13, 2012 / 5:00 am

Imagine being hurt, either in a car crash or in an assault. In the case of a car crash, you’d expect that you could sue the negligent driver and promptly get compensation for your losses. In the case of an assault, you’d expect that Crown Counsel could prosecute the offender. Those...

You're fired!

Mar 6, 2012 / 5:00 am

Photo: Contributed Imagine this: You get your first job working at a fast food restaurant. Your manager, Phil, is 21-years-old. You and Phil don’t get along, mostly because you think that Phil is a jerk. After a few uncomfortable weeks of your personalities...

Charter from Canada’s awful history

Feb 28, 2012 / 5:00 am

Canada has an awful history of discrimination. And, in response to that discrimination, the Canadian Charter of Rights and Freedoms was created. Few people know about the Charter and its beginnings; so, it is the topic of this week’s column.  To start, the Charter is a bill of...

When is panhandling illegal?

Feb 21, 2012 / 5:00 am

Photo: Contributed - (Photo: Flickr user, jeffreyjones) With summer coming, there will soon be more pedestrian traffic. With increased pedestrian traffic, there will inevitably be more ‘panhandling’. This column attempts to briefly describe when panhandling...

Parole explained

Feb 14, 2012 / 5:00 am

Photo: Contributed This column is intended to shed some light on parole, an often misunderstood topic. First of all, parole refers to the early release (from jail) of a prisoner into a community, subject to continued monitoring and conditions (upon that release). The...

First vs. second degree murder

Feb 7, 2012 / 5:00 am

There seems to be some public confusion about the difference between first and second degree murder. This column is intended to reduce that confusion. Please be warned that this topic may not be suitable for younger readers. To start, not all homicide (human killing another human) is...

Pedophiles and haunted houses

Jan 31, 2012 / 5:00 am

When buying a home, people typically consider affordability, access to hospitals, proximity to work/schools, and the property’s condition. Most purchasers do not consider whether the home is haunted or whether there is a sex offender or radioactive material across the street. For some...

Corporate criminals

Jan 24, 2012 / 5:00 am

  Photo: Contributed - (Flickr user, vectorportal) Just as individuals can be charged with ‘true crimes’, such as theft, fraud, and manslaughter, so too can corporations. Obviously, corporations cannot technically be arrested (in the traditional sense);...

McDonald's and its hot coffee

Jan 17, 2012 / 5:00 am

  Photo: Contributed - (Flickr user, cups)   Few cases are as infamous (and as misreported) as Liebeck v. McDonald's Restaurants, P.T.S. Inc., 1995 WL 360309 (N.M. Dist.)). It has gained international recognition and is regularly cited as a symbol for...

Bullies, schools and lawsuits

Jan 10, 2012 / 5:00 am

Photo:  - (Flickr user, workingword) Winter vacation is over and children are back in school. For many children, the return to school is less than enjoyable as bullying is common and efforts to prevent it have seemingly fallen short of success. Bullying can take...
12455


About the Author

Jeff Zilkowsky is a lawyer with Hergott Law in West Kelowna, practicing primarily in personal injury and real estate law.  He holds a Bachelor of Arts in Sociology from UBC-O.  In his column, Jeff provides information about current legal events or points of interest or concern relating to the law.

 

The information contained in Jeff’s columns should not be used or relied on as legal advice.

 

Comments are always appreciated and encouraged, so please don’t hesitate to e-mail Jeff at jeff@hlaw.ca.

 

Visit the Hergott Law website:  www.hlaw.ca







The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet presents its columns "as is" and does not warrant the contents.



13110
RSS this page.
(Click for RSS instructions.)
© 2012 Castanet.net
Castanet Apps facebook twitter youtube rss feeds