When it comes to private lending, there are always risks involved for lenders. This is especially true for second lenders. A first mortgagee has an interest in a property ahead of any subsequent mortgagee’s interest in a property. So, when a borrower has defaulted on both of their mortgages, and the first lender has sought a mortgage remedy, what remains for the second lender?
Copyrights 101
What is Copyright?
Copyright is the exclusive legal right to produce, reproduce, publish, or perform an original literary, artistic, dramatic, or musical work. This legal right is normally held by the creator of the original work in question.
The purpose of a copyright is to allow the owner to control how their work is used, which in turn preserves its value (monetary or otherwise). Copyright achieves this end by making it illegal for anyone other than the copyright owner to use the work without the owner’s permission.
Canadian copyright law honours this purpose in trying to protect the rights of copyright owners. However, it also tries to balance protecting owners’ rights and promoting the public interest in the creation and distribution of works. In other words, the law recognizes that it is important for Canadians to create as freely as possible, even if this sometimes means limiting copyright owners’ rights.
Do I Have Copyright Over My Work?
In Canada, almost all original works are automatically copyrighted by virtue of their creation. A copyright exists for the lifetime of the creator, plus the remainder of the calendar year in which the author dies, plus fifty years after that. Following this period, the work loses its copyright, becoming public domain. For example, if Tom wrote a book at any point in his life, and then died on October 3rd, 2000, his copyright would exist until December 31st, 2050.
There are some exceptions to this term of copyright protection, depending on who the copyright owner is, or whether the owner is known.
What is the Difference Between Having a Copyright and Having a Registered Copyright? How Can I Register My Copyright?
As mentioned earlier, almost all original works are automatically copyrighted at the time of their creation. Registering a copyright with the Canadian Intellectual Property Office provides the owner with a certificate documenting that this copyright exists. This certificate can be useful if ever a question of copyright ownership or infringement arises, because the certificate can be used in court as proof of the existence and ownership of a copyright.
Costs for the registration process are available on the CIPO website, linked here.
If you have further questions about whether you hold a copyright, whether you can use someone else’s copyrighted material, or whether you have breached someone else’s copyright, please contact our office.
Land Transfer Tax Refund for First-Time Homebuyers
End Of A Decade ...
As we approach the end of the decade, Carson Law is able to reflect, and be proud of the following achievements as voted by Three Best Rated!
With Three Best Rated, all businesses face a rigorous 50-point Inspection, which includes everything from checking reviews, ratings, reputation, history, complaints, satisfaction, trust, and cost to the general excellence.
Best Business Lawyer in Burlington - We provide quality legal advice and customer service in all aspects of Business Law. Transactions are completed in a smooth and respectful manner.
Best Estate Planning Lawyer in Burlington - According to Three Best Rated, Carson Law treats people the way, themselves, would like to be treated ... with respect, dignity, and positive energy. Carson Law can develop a charitable mandate and identity that will connect our client to the communities in which they serve.
Best Real Estate Lawyer in Burlington - Carson Law has a primary focus on Residential & Commerical Real Estate. Cases are handled efficiently using our team based approach model. Our friendly, can-do attitude makes it a value added expereince.
Best Intellectual Property Lawyer in Burlington - The most experienced member of the Carson Law team, James Carson, leads our Intellectual Property division, which focuses on intellectual property matters. As determined by Three Best Rated, Carson Law works with our clients to determine a clear path to protecting your ideas and designs, while establishing and implementing an overall global intellectual property strategy.
We hope you were able to experience first hand, the dedicated and customer service oriented work that Carson Law produces. We take being a law firm to the next level.
Hope to see you in the New Year!
12 Days of Giving - Day 12
12 Days of Giving - Day 11
Emmanuel House Hospice was chosen by our Marketing Assistant, Stephanie Badour. During a difficult time for her and her family, her Nana stayed at Emmanuel House where she received excellent care and support. “I spend everyday and some nights at Emmanuel house for just over a month, and they treated us like family. No request was an annoyance, or too much. My Nana was treated with respect and compassion until her last breath. Nothing but appreciation and love for Emmanuel House Hospice. I also want to thank Carson Law for putting this incentive into place and having the staff feel so connected to something during the Holiday season.”
12 Days of Giving - Day 10
Our tenth day of giving is dedicated to Make-A-Wish Canada, chosen by our former Business Development and Marketing Assistant, Lisa Skipton. Lisa has seen the magic and difference that Make-A-Wish Canada can truly have. In high school, Make-A-Wish Canada helped her best friend’s wishes come true before she passed away, and Lisa can agree that this experience had helped her friend in fighting her disease for longer than doctors anticipated.
12 Days of Giving- Day 9
Our ninth day of giving was chosen by our Law Clerk, Joshua Goetz. He chose the Hamilton Foundation for Student Success by seeing first hand how too many children were going to school without lunches. With this program, no child has to feel embarrassed to ask for food or remain hungry. The Hamilton Foundation for Student Success provides lunches for these children in need. Any child going to school should have proper nutrition to aid in proper learning, and should never have a hungry belly. Thank you Joshua and thank you Hamilton Foundation for Student Success.
12 Days of Giving- Day 8
Our eighth day of giving has been chosen by our Business Development and Operations Manager, Chad Blundy. Unfortunately, cancer has been something that has impacted a number of Chad’s family members, in various ways. He has lost loved ones much too early as a result of this disease, and there are many important people in his life, both friends and family, who continue to fight. Recently, Chad’s aunt, Judy Kelly, was diagnosed with cancer and will require a full hysterectomy. Chad has selected Ovarian Cancer Canada since it supports the latest version of cancer to directly affect his family. “I am proud in knowing that my aunt will put up a strong fight, and I am also proud to work for a firm that will make a contribution to support her recovery … I encourage anyone and everyone to get to know all of the charities that the Carson Law staff have chosen and consider donating to whichever one they feel strongly about.”
*A donation to Ovarian Cancer Canada has been made in honour of Judy Kelly.*
12 Days of Giving - Day 7
These wonderful charities were chosen by two of our Law Clerks, Lisa Esposto and Rachel Melia, and our Administrative Assistant, Jan Christmas. All three of the lovely ladies have such passion for those who cannot care for themselves. From not wanting to see strays on the street, to adopting from these shelters themselves, they focus on those who give us unconditional love and who also need our support this time of year. “Love for all living creatures is the most noble attribute of man” - Charles Darwin
12 Days of Giving- Day 6
For our sixth day of giving, we will be donating to the Canadian Parks and Wilderness Society! This charity was chosen by our receptionist and brand ambassador, Kayla Wagstaff. She feels strongly about the work that CPAW does and hopes to preserve this country, that we are fortunate enough to call home, for future generations to cherish and enjoy. For over 50 years, CPAWS has been the only charity of its kind solely dedicated to protecting and preserving Canadian ecosystems and we hope they can continue on for many more years to come. Thank you Kayla and thank you CPAWS. “If you think you are too small to make a difference, you haven't spent the night with a mosquito.” – Dalai Lama
12 Days of Giving - Day 5
The Heart and Stroke's vision is a simple one... to see that Canadians live healthy lives, free of heart disease and stroke. Heart and Stroke’s selection as our Day 5 charity has been made by three of our caring staff; our real estate manager, Julie Saliba, our financial clerk, Joanne Stross, and our newest team member, our office administrator and client relations, Hilary Nixon. They all feel strongly about the work that Heart and Stroke does and have been personally affected by this life threatening disease. The hope is that one day there will be no more stroke victims.
For a limited time, one time donations to the heart and stroke will be matched by Manulife.
12 Days of Giving - Day 4
The Canadian Cancer Society has been chosen by one of our Lawyers, Erika Warren. Erika has chosen this charity because a number of her relatives, both recent and over the course of her life, have passed away from different forms of cancer. Erika hopes that by donating to the Canadian Cancer Society, it might help them in their research towards finding a cure.
12 Days of Giving - Day 3
Our third day of giving is dedicated to The Canadian Mental Health Association, chosen by our Real Estate Clerk, Crystal Liberty. This charity resonates with Crystal as being someone with a history of mental health struggles. “There is still a lot of stigma plaguing mental health. It took me a while to get to where I am today and I want others to know that they are not alone and they can achieve whatever they want. They do have support, no door is closed, no back is turned. All you need to do is ask for help. Yes, that may be hard at first, but worth it in the long run.”
12 Days of Giving - Day 2
Our second day of giving is dedicated to Kidney Cancer Canada. This charity was chosen by our Real Estate Clerk, Courtney Holland. Courtney’s mother was recently diagnosed with stage 4 kidney cancer. Kidney Cancer Canada was able to help Courtney and her family in a time of unknowns with information and avenues for support. We thank Kidney Cancer Cancer for their caring and support to thousands of Canadians and thank you Courtney for bringing this charity into our lives.
12 Days of Giving - Day 1
Our first day of giving was chosen by one of our law clerks, Denise Crockford. Denise loves all things horses so no surprise that this is her second year choosing this charity. Big Red is why Denise is so fond of this rescue. She was able to see first hand the care for him, the dedication of the volunteers, and how a rescue can be transformed into a confident animal within a short period of time. Thank you Denise and thank you Whispering Hearts Horse Rescue for all your hard work and dedication!
12 Days of Giving starts December 13, 2019
Carson Law is proud to continue with an initiative that first took place last Holiday season with great success! Friday, December 13 will mark the beginning of our 12 Days of Giving.
Staff members have been asked to select a charity that each of them feels strongly about. From this list, we will donate to one or more charities each day running from December 13 to December 24. During this time, we will post which charities are selected daily and why they are important to us.
We welcome you to check in with us regularly, hear our stories, take stock in what is important at this time of year, and reflect on your own schedule of giving. Also, accompanying each post will be a verse to a song, sung to the tune of (you guessed it) 12 days of Christmas. On December 25, we will be able to sing this song from start to finish.
From all of us at Carson Law, we wish you nothing but joy and good cheer for this giving season.
DAY 1
On the first day of giving, my law form gave to me, Hope for the Horses.
Day 2
On the second day of giving, my law firm gave to me, Kindness to Kidneys
Day 3
On the third day of giving, my law firm gave to me, Making a difference for Mental Health.
Day 4
On the fourth day of giving, my law firm gave to me, A donation to the Cancer Society.
Day 5
On the fifth day of giving, my law firm gave to me, Help for Heart & Stroke.
Day 6
On the sixth day of giving, my law firm gave to me, Room for Nature.
Day 7
On the seventh day of giving, my law firm gave to me, A helping hand for the Animals.
Day 8
On the eighth day of giving, my law firm gave to me, End to Ovarian Cancer.
Day 9
On the ninth day of giving, my law firm gave to me, A place to help Children.
Day 10
On the tenth day of giving, my law firm gave to me, Wishes for Children.
Day 11
On the eleventh day of giving, my law firm gave to me, A place to turn to.
Day 12
On the twelfth day of giving, my law firm gave to me, Relief from hunger.
Carson Law parts ways with Spencer Cuddy
Estate Executors: Where to Begin
Being an estate executor can feel overwhelming. A loved one trusted you to carry out their wishes upon their passing. Naturally, you want to make sure that you’re fulfilling this duty to the best of your ability. Where do you begin?
First, and most importantly, take a moment to reflect. Your loved one chose you as their estate executor for a reason—you can do this.
Then, remember that every estate looks different, so there is no one-size-fits-all checklist that every estate executor can follow. However, we’ve put together some suggestions for the first steps all estate executors should take.
Establish a record-keeping process.
You will want to ensure that you are recording the amount of time that you are spending working on the estate, the activities that you are doing, and the costs that you are incurring. You should keep these records as thoroughly as possible for as long as you are working on the estate. You may need them later on for compensation, tax purposes, or court purposes.Determine whether the deceased had a will.
If they did have one, locate it and review it. At this point, don’t worry if you’re not sure what everything means. Just ensure that you are the estate executor, and check if the deceased left specific instructions for their funeral and/or burial.If applicable, plan the funeral and/or burial for the deceased.
Obtain a death certificate for the deceased.
Ensure that the provider gives you multiple originals. This step is important, as many of the people and organizations that you work with as an estate executor will require an original death certificate.Secure the deceased’s assets. If possible, prepare an inventory of assets.
This step is especially urgent if the assets are valuable, perishable, or “mobile” (pets, livestock, etc.). Ensure that these assets are properly secured, and insured if necessary, for the duration of the estate administration. You may wish to have certain assets valuated.Gather information about the trustees and beneficiaries of the estate.
You will want to ensure that you set up an open line of communication with the trustees and beneficiaries for the duration of the estate administration process. Begin by collecting the full legal names, dates of birth, and contact information of all trustees and beneficiaries.Retain a lawyer.
They will be able to explain many estate administration matters, like your role as estate executor, the validity and interpretation of the will, the probate of the will, deadlines, and so on. As a professional with estate experience, the lawyer can also guide you in the right direction when it comes to your next steps.Seek financial advice.
A financial advisor will be able to help you with the specifics of managing the deceased’s finances, taxes, and so on.
From here, you will be able to get into the “nitty-gritty” of estate administration. There will be many more steps that become clear to you throughout the estate administration process—like managing the deceased’s finances, handling the estate administration tax, and ultimately, distributing the assets in the estate—but these steps should give you a strong foundation to guide you through the process.
Please note that this is not a comprehensive guide; it simply covers the steps that you should take to get started. If you are looking for more information, please feel free to contact our office.
Carson Law Rated as Top 3 Intellectual Property Lawyers
Top 3 Intellectual Property Lawyers Burlington, ON
Congratulations to our lawyers, Jim Carson & Erika Warren, on this amazing achievement.
Their dedication to high quality service and effort, not only for Carson Law, but the Burlington Community, has led them to being acknowledged with this special recognition. We are truly proud to have them on our team!
Jim Carson has acquired extensive knowledge during his years in the law community, and will continue to add to his long list of achievements that will continue to greatly benefit Carson Law.
Erika Warren not only practices Intellectual Property law, but wears many different hats here at the firm. She also handles Corporate and Commercial Law, making her an asset to our already distinguished panel of lawyers.
Not only is Carson Law now Top three in Intellectual Property Law, but our amazing team has also accomplished the following within the Burlington area:
Top three in Real Estate Law
Top three in Business Law
Top three in Estate Administration
See for yourself why we are continuously being recognized, and book an appointment for your legal needs today!
Please feel free to view our rating at https://threebestrated.ca/intellectual-property-lawyers-in-burlington-on
Three Best Rated® was created with a simple goal to find you the top 3 local businesses, professionals, restaurants, health care providers, etc., in your city. They display only businesses that are verified by their team since customers deserve only the best.