Dec 16, 2010


By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

I am often of two minds about the upcoming Holiday Season.The non-lawyer par t of me enjoy Christmas and New Years and all that this special time of year entails, especially getting together with family and friends. The lawyer part of me however,wants to scream "Bah, humbug"!

Why the lawyer as Scrooge or Grinch? It's simple really: over the next couple of weeks, with the season as a reason, or at least an excuse, people will do regrettable things, ranging from the remarkably thoughtless to the malicious,and lawyers who deal with people and their problems will get the calls.

The over indulgence in seasonal "spirits" will likely be a recurring theme for many calls received by lawyers at Rural Legal Services early in the New Year' as people begin to realize just how much fun they had over the holiday period. Not that I am a member of the Temperance League, but after a few years one wonders what it will take for people to finally get the message that they should not drink and drive: drive anything, including the snowmobile or the ATV.

Many of our columns have been devoted to the issues around impaired driving and the continuing legal changes being made in Ontario to tackle the problem including automatic driver's licence suspensions for impaired driving charges, the imposition of lower acceptable blood alcohol levels for drivers over 21 years and zero alcohol levels for drivers 21 years and under. As of December 1st, 2010, the province has again amended the Highway Traffic Act-this time to allow the immediate impoundment of the vehicle being used by the impaired driver for seven days. It doesn't matter who owns the vehicle; unless you can convince the police that it was stolen, it's off the road for a week if the driver has a blood alcohol level of .08 or greater.

If you lend your car to a friend or relative, or have a designated driver who hasn't taken the role seriously, your wheels will be off the road for a while,a nd the owner, of course, will be responsible for all the towing and impound fees that have to be paid before the vehicle is released. It is also agood idea to make sure the person you've given the keys to holds a valid driver's licence that is not under suspension or subject to special conditions, or undersome circumstances that too will now lead to impoundment. You can check to see if a driver's licence is valid, for a fee of $2.50, by calling1-900-565-6555.

Losing a driver's licence, let alone a vehicle, has caused more than a few people to endu p unemployed. It's the kind of holiday hangover most people can do without,especially as w eare all under such tremendous pressure tobuy things, needed or not, at this time of year.A little consumer overindulgence is pretty common at this time of year, but it would be wise to remember that an awfull ot of the low interest rate offers on credit cards, or consumer items such as furniture, have a time limit to them, after which the rates can increase to atmosphericl evels making payments difficult for many families. Every year Rural Legal Services receives many calls for help with debt problems that have started with a little too much holiday exuberance.

And then there are the truly heart breaking calls received from separated parents who were expecting to have their young children either for Christmas or for some part of the holidays. For some reason, either the custodial parent has decided not to live up to a Court Order or agreement to deliver the children in time for Santa, or the non-custodial parent has decided not to return them on time from a visit. In either case, the parent who was expecting to spend a special time with his or her children has just received at ruly Grinch-like gift.

It would be wonderful if we could all exercise some moderation and civility in our holiday indulgences that after the holidays, there would be fewer problems! Rural Legal Services will be closed from December 24 that noon until Tuesday, January 4, 2011. Until then, Seasons Greetings, Merry Christmas and a Happy New Year to all of our readers!

 

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.

 

 

 

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