
September 17, 2008
Web help for clients with EI questions Got a client who has a tricky question about Employment Insurance (EI)? Here are some websites that may have the answer. The Employment Insurance section of the Service Canada website gives an overview of the EI system and contains publications. To search for EI decisions by issue, visit the online Employment Insurance Jurisprudence Library. For information about EI appeals, see the Serving Employment Insurance Appellants website. The site provides explanations about the appeal process, Frequently Asked Questions, and links to other sites that will help in preparing an appeal. New guide for clients having trouble serving documents The Family Law in BC website has just added a new self-help guide on how to serve documents when the other party in a family law case is avoiding getting served or is not available. Court rules often require that documents be personally served on another party, but sometimes the server cannot find the other party or the other party repeatedly and deliberately avoids the process server. In these cases, a master or judge may make a court order allowing the documents to be served in another way. This is called substituted (or substitutional) service because the applicant can substitute the method of service ordered by the master or judge for the service required by the court rules. To do this, the applicant must apply to court for an order for substituted service. This type of application is sometimes called a "procedural application." An order for substituted service allows the parties to get on with the main issue in their case, such as getting a custody or access order or changing the amount of support. Check out the What's New page for other recent additions to the Family Law site (for example, a Russian version of the serving documents outside BC self-help guide and improved introductory pages for the divorce self-help guides). If you have any feedback or ideas about new material you'd like to see on the family law website, please send us an e-mail. Changes to impaired driving laws New laws on impaired driving came into effect July 2, 2008, which affects the LSS booklet What to Do If You Are Charged with a Drinking and Driving Offence. If you use this booklet, note that the information is still accurate for anyone who was charged with impaired driving on or before July 1, 2008, but does not apply to people facing charges laid on or after July 2, 2008. The changes mean that anyone charged with a drinking and driving offence (driving under the influence of alcohol and/or drugs) on or after July 2, 2008 will now: face a maximum penalty of a life sentence for causing death, and a maximum 10-year sentence for causing bodily harm if his or her blood alcohol concentration is over .08%; be required to consent to valid police demands for physical co-ordination tests and/or blood, urine, or saliva samples; be charged with a criminal offence for refusing or failing to consent to a demand for physical co-ordination tests or blood, urine, or saliva samples; be more restricted in the ability to use some of the defences listed on page 11 of the current booklet; face higher minimum penalties, such as: a $1,000 fine for a first offence, a 30-day jail sentence for a second offence, or a 120-day jail sentence for a third offence; AND face a higher maximum penalty for a summary conviction — 18 months in jail instead of 6 months. LSS has added an update sticker and insert to the existing booklet to set out these changes, and we'll continue to distribute this edition. Find it on our website. We're also creating a new booklet for people who face charges laid on or after July 2, 2008. Featured case: Negotiating fairness in a trailer park A tenant of a mobile home park was facing eviction from his trailer when he contacted LawLINE, the Legal Services Society's legal advice phone service. The caller's landlord was changing the trailer park to a strata system and told the tenant that he had to move to another lot in the park. The tenant had not received written notice of the eviction and refused to move to the other (less desirable) lot. The landlord threatened to cut off the tenant's power and water if he didn't comply. The tenant filed for a residential tenancy arbitration and called LawLINE. LawLINE staff reviewed the caller's tenancy agreement and negotiated with the landlord. Through discussions with the landlord, his lawyer, and the local media, LawLINE staff helped the tenant reach a favourable outcome. The tenant was allowed to move to his choice of alternative lots and the landlord waived a month's rent. To find out more about LawLINE, go to the LSS website. Also see the FAQ page for answers to common questions recieved by staff, and the LawLINE Blog.

September 17, 2008

Web help for clients with EI questions

Got a client who has a tricky question about Employment Insurance (EI)? Here are some websites that may have the answer.

The Employment Insurance section of the Service Canada website gives an overview of the EI system and contains publications.

To search for EI decisions by issue, visit the online Employment Insurance Jurisprudence Library.

For information about EI appeals, see the Serving Employment Insurance Appellants website. The site provides explanations about the appeal process, Frequently Asked Questions, and links to other sites that will help in preparing an appeal.

New guide for clients having trouble serving documents

The Family Law in BC website has just added a new self-help guide on how to serve documents when the other party in a family law case is avoiding getting served or is not available.

Court rules often require that documents be personally served on another party, but sometimes the server cannot find the other party or the other party repeatedly and deliberately avoids the process server. In these cases, a master or judge may make a court order allowing the documents to be served in another way. This is called substituted (or substitutional) service because the applicant can substitute the method of service ordered by the master or judge for the service required by the court rules.

To do this, the applicant must apply to court for an order for substituted service. This type of application is sometimes called a "procedural application." An order for substituted service allows the parties to get on with the main issue in their case, such as getting a custody or access order or changing the amount of support.

Check out the What's New page for other recent additions to the Family Law site (for example, a Russian version of the serving documents outside BC self-help guide and improved introductory pages for the divorce self-help guides).

If you have any feedback or ideas about new material you'd like to see on the family law website, please send us an e-mail.

Changes to impaired driving laws

New laws on impaired driving came into effect July 2, 2008, which affects the LSS booklet What to Do If You Are Charged with a Drinking and Driving Offence. If you use this booklet, note that the information is still accurate for anyone who was charged with impaired driving on or before July 1, 2008, but does not apply to people facing charges laid on or after July 2, 2008.

The changes mean that anyone charged with a drinking and driving offence (driving under the influence of alcohol and/or drugs) on or after July 2, 2008 will now:

face a maximum penalty of a life sentence for causing death, and a maximum 10-year sentence for causing bodily harm if his or her blood alcohol concentration is over .08%;
be required to consent to valid police demands for physical co-ordination tests and/or blood, urine, or saliva samples;
be charged with a criminal offence for refusing or failing to consent to a demand for physical co-ordination tests or blood, urine, or saliva samples;
be more restricted in the ability to use some of the defences listed on page 11 of the current booklet;
face higher minimum penalties, such as:
face a higher maximum penalty for a summary conviction — 18 months in jail instead of 6 months.

LSS has added an update sticker and insert to the existing booklet to set out these changes, and we'll continue to distribute this edition. Find it on our website. We're also creating a new booklet for people who face charges laid on or after July 2, 2008.

Featured case: Negotiating fairness in a trailer park

A tenant of a mobile home park was facing eviction from his trailer when he contacted LawLINE, the Legal Services Society's legal advice phone service. The caller's landlord was changing the trailer park to a strata system and told the tenant that he had to move to another lot in the park. The tenant had not received written notice of the eviction and refused to move to the other (less desirable) lot. The landlord threatened to cut off the tenant's power and water if he didn't comply. The tenant filed for a residential tenancy arbitration and called LawLINE.

LawLINE staff reviewed the caller's tenancy agreement and negotiated with the landlord. Through discussions with the landlord, his lawyer, and the local media, LawLINE staff helped the tenant reach a favourable outcome. The tenant was allowed to move to his choice of alternative lots and the landlord waived a month's rent.

To find out more about LawLINE, go to the LSS website. Also see the FAQ page for answers to common questions recieved by staff, and the LawLINE Blog.