Barrick Domey Tannis LLP
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| http://www.barricks.ca/
We believe that the practice of law is more than simply providing legal services. Our goal is to develop a special bond with our clients. It is important to us to take the time to know our clients and be able to respond to their needs with a personal touch. Our firm offers a broad range of services both to individuals and businesses. As a multi-service law firm, we want to fulfill every client’s needs at every step of their personal, professional or business life: purchasing a home, drafting a will, incorporating a business, drafting a partnership agreement, etc.
Our commitment is to serve our clients in a conscientious, diligent and efficient manner. We take no short-cuts. We will:
- listen and genuinely attempt to understand both the issues and its underlying causes
- honestly and forthrightly tell our clients the merits of a case
- take your case only if we feel qualified and competent to handle it
- hold in strict confidence all information
- discharge with integrity all duties owed
- achieve the best possible result for our clients
- within a price structure agreed to before you actually retain our services
Contents |
[edit] Practice Areas
Corporate & Commercial
Whether you are the sole owner of a business, or involved in a partnership or a corporation you will require legal advice on taxation issues, insolvency issues and corporate issues. Partnerships should seriously consider partnership agreements, as prevention is always better than litigation. The creation of a corporation should be done very carefully keeping in mind the rights and obligations of directors, officers and shareholders. Before carrying on a business, one should also consider municipal, provincial and federal regulations and licensing requirements. Finally, the primary concern of a business is to pay as little tax as legally possible. For example, a Canadian-controlled private corporation is entitled to a federal small business deduction and a lower provincial tax rate.
Family Law
Divorces and separations are perhaps the most difficult situations most people will ever have to endure. You are expected to make very big decisions while living through a very emotional experience. Who gets custody of the children? Who gets the house? Must I pay spousal support? Must I pay child support? Must I make a financial disclosure? In order to make the correct decisions you need to know your rights.
Grievances and Harassment in the Workplace '
Both the Canadian Human Rights Act and the Canada Labour Code protect employees from harassment related to work. Provincial human rights laws also prohibit harassment, and the Criminal Code protects people from physical or sexual assault. Ultimately, employers are responsible for acts of work-related harassment. Employers control the organization, and are therefore the only ones who can actually reverse the negative effects of harassment and ensure a healthy work environment. So no matter what kind of workplace you own or business you operate, you have a responsibility to make sure your employees do not experience harassment. If harassment does occur, the employer must show that it did everything it could to prevent it, or to alleviate its effects. Normally, a union has procedures allowing an employee to bring a grievance in certain cases of alleged harassment. Alternatively, a complainant may, within one year of the behaviour complained of, file a complaint with the Canadian Human Rights Commission if the harassment was because of race, national or ethnic origin, colour, religion, age, sex, marital status, family status, physical or mental disability, pardoned conviction, or sexual orientation. Often, it is wise for a party to seek legal advice before submitting a grievance or filing a complaint with the Human Rights Commission.
Intellectual Property Law'
Whether you are an artist creating works of art or a software company licensing or owning intellectual property, you need to know your rights under the Copyright Act, the Trade-marks Act and the Patent Act. It is important to protect your rights in a licensing agreement so that you can benefit from the fruits of your labour. As an employee do I have rights over intellectual property that I am creating for my employer? Can a company create or own intellectual property? What happens when there are many people creating intellectual property together?
Litigation
Litigation is often very expensive and is usually used as a last resort. This is why there are many alternatives to litigation such as mediation, arbitration, etc… (many alternatives are mandated by law in particular situations). When can you sue? Who can you sue? Can you be sued? How much can you sue for? Should you sue? These are important issues you should determine before you consider litigation as a serious option.
Alternative Dispute Resolution/Mediation
Given that litigation is very expensive, our firm will always encourage alternatives to going to Court. Alternative Dispute Resolution (ADR) can include settlement conferences, mediation, arbitration, or simply four-way meetings with clients and counsel. The goal is to "settle" the matter because it is in the best interests of all of the parties to do so. A good settlement is reached when all the parties walk away from a mediation slightly unhappy. This means that a fair resolution was achieved and therefore it was a win-win for everyone.
Real Estate
For most people, the purchase of a new home is the biggest purchase of their lives. You may be so excited that you may not consider the legal implications of your purchase. You want to make sure that you have good title, that there are no Planning Act violations, that there are no unpaid taxes and that there are no restrictions on the use of your property (among many other things). You need to know about title insurance, about ONWHP for newly built homes, about the GST New Housing Rebate, about the Condominium Act for condominium purchases, about your loan transaction (mortgage), and about many other related things. You also need to know what are your remedies if something goes wrong.
Tax Law
Almost everything you do these days has a tax implication. The law is no exception. There are tax implications in family, real estate, estates and commercial situations. There are many deemed dispositions that are imposed by the Income Tax Act which may have devastating effects on transfers of property. Find out what your rights are. A particular tax rollover (deferral) may apply to you or your business.
Wills & Estates
No matter how small your estate may be, everyone should have a Will. You may be surprised how many beneficiaries fight over the estate of a deceased. A Will can ensure that the right people get what you give to them when you die. Everyone should also have a Power of Attorney for personal care and a Power of Attorney for property. If you become incapable of managing your own property and/or incapable of making decisions as to your own personal care, the State can appoint a Guardian to take care of you. This may not be what you want. Therefore, if you want a trusted friend or family member to take care of you in this time of need you should seriously consider a Power of Attorney.
[edit] Lawyers
- Luc E. Barrick
- Geneviève Domey
- Ernest G. Tannis, Mediator
- Julie A. Hudson
- Romi Hudson
- Youmna Tannis
- Diana Nardelli
[edit] Student Info / Contact
[edit] Notable Cases
[edit] Public Opinion
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