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International Law

International law, also called public international law or law of nations, is defined as a body of legal rules, norms, and standards, and principles governing the relations of nations with each other. Broadly, a system of treaties and agreements between nations that deal with how nations interact with other nations, citizens of other nations, and other nations’ businesses.

This law was born out of the ancient Greek idea of the “natural law,” which established alliances. These alliances resulted in peace treaties among world empires. It is a system of law based on a close observation of human nature that implemented laws of states or society.

The term international law was coined by Jeremy Bentham (1748–1832), an English philosopher, jurist, and social reformer. And according to Bentham’s classic definition, international law is a collection of rules governing relations between states.

International law commonly falls into two different categories: public and private.

Public international law governs rules between states or any other bodies with a legal personality. These include standards of international behavior, the laws of the sea, economic law, diplomatic law, environmental law, human rights law, and humanitarian law. Examples of public international law consist of treaties, conventions, customs, general principles of law, and judicial or scholarly opinions.

On the other hand, private international law governs rules between individuals and are divided into common law and civil law systems. This law generally deals with controversies between private entities, such as people or corporations, which have a significant relationship to more than one nation. Samples of private international law are limited to major treaties and important international bodies’ rulings.

ADR/Mediation Services

Alternative Dispute Resolution or Mediation refers to any means of settling disputes outside of the courtroom. It is a structured process wherein a third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. It may be an informal meeting among the parties or a scheduled settlement conference.

The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution, such as early neutral evaluation, negotiation, conciliation, and arbitration.

Unlike a judge, the mediator does not take sides or make decisions. The goal of mediation is for the parties to work out a solution or compromise they can live with and trust. The mediator is there to help the parties explore their choices and ultimately control the outcome and results, rather than having a Judge decide them.

An ADR or Mediation is a non-binding procedure. The non-binding nature of mediation means that a decision cannot be imposed on the parties. In order for any settlement to be concluded, the parties must voluntarily agree to accept it. This is accomplished through the use of patience, persuasion, examining the fact, and facilitating dialogue between the parties to reach a settlement.

Civil Litigation

Civil litigation is the process in which civil matters are resolved in a court of law. Civil litigation is a legal process in which criminal charges and penalties are not at issue. Civil matters can be described as situations dealing with relationships between people, such as a marriage or a contract dispute between corporations. Rather than a case being a person versus the government, as in a criminal matter, civil cases are an individual or business filing suit against another individual or business.

In other words, civil litigation describes a dispute between two parties that is not based on criminal sanctions. Typically, civil litigation cases have one party (the plaintiff) that is seeking money or some other kind of remedy from another party (the defendant).

Civil litigation is typically divided into a series of different stages, including investigation, pleadings, discovery, pretrial proceedings, potential settlement or trial, and even appeal. Discovery is typically the longest and most labor-intensive stage of a case. Much of a litigator’s time is devoted to the discovery stage, during which information pertinent to the case is gathered through depositions, interrogatories, and subpoenas.

The standard of proof is less stringent in civil proceedings as opposed to criminal proceedings. Since civil litigation describes non-criminal legal cases, the nature of these cases is extremely broad and differs from client to client.

Criminal Law

Criminal law is a complex system of laws and rules that define criminal acts, set punishments, and outline the rules guiding the process from investigation and arrest to sentencing and parole.

As defined in Encyclopedia Britannica, criminal law is the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.

It proscribes conduct perceived as threatening, harmful, or endangering to the property, health, safety, and moral welfare of people inclusive of one’s self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature.

A crime is any act or omission of an act in violation of a law forbidding or commanding it. Criminal offenses are defined by federal, state, or local laws and can range from serious crimes like murder to minor infractions like speeding. Criminal punishments, also established by statutory law, are usually proportional to the severity of the crime. Minor offenses may only be punishable by a fine or a short term of probation. Violent felonies could result in years in prison, life sentences, or even the death penalty, depending on the circumstances and the jurisdiction.

Lawsuits against criminals are initiated by prosecuting attorneys who act on behalf of the government to enforce the law. Criminal proceedings can be extremely complex, especially when involving multiple charges and multiple defendants.

Intellectual Property Law

Intellectual property (IP) refers to the creations of the mind. Intellectual property law deals with the rules for securing and enforcing legal rights to inventions, designs, and artistic works. It can be an invention, a design, a brand name, or a literary and artistic work.

Intellectual property traditionally comprises four categories: patent, copyright, trademark, and trade secrets.

A patent is an exclusive right granted for an invention. Patents give inventors the right to use their product in the marketplace or to profit by transferring that right to someone else. Depending on the type of invention, patent rights are valid for up to 20 years. It can take the form of a new product, process, or technical improvement to an existing invention. Patent protection will be denied if an invention is found to be obvious in design, not useful, or morally offensive.

Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Copyright protects literary and artistic works, such as books and other writings, musical works, films, paintings and other works, and computer programs. Protection is not available for theories or ideas, or anything that has not been captured in a fixed medium. The act of creation itself produces copyright and unpublished works are still protected. Use of a copyright symbol and date is common but not mandatory. Most copyrights are valid for the creator’s lifetime, plus 70 years.

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when artisans used to put their signature or “mark” on their products. A trademark is a word, a group of words, sign, symbol, or a logo that distinguishes your business’ goods or services from those of other traders. Since the goal is to distinguish, generic or purely descriptive marks may not qualify. Rights can potentially last forever, and they are obtained by simply using a mark. While not required, owners can register their marks for additional protection.

Trade secrets are business practices, formulas, designs, or processes used in a business, designed specifically to provide a competitive advantage to a business. Trade secrets must be actively protected by the company and are typically the result of a company’s research and development. The extent of trade secret protection depends on whether the information gives the business an advantage over competitors, is kept secret, and is not known by competitors.

Real Estate Law

Real estate law is the law governing the acquisition, use, and disposition of real property in Canada. “Real property” is best thought of as land, and anything permanently attached to the land, and includes empty parcels of land as well as houses, apartments, and any other type of permanent structure. The most common types of real estate transactions are the buying and selling of homes, as well as applications to rezone a particular building or group of buildings. Landlord and tenant relationships are also considered under the heading of real estate law.

Real property in each province is handled in some form of a land titles system. The Land Titles Office acts as a permanent, government-certified and searchable registry for ownership of all real property in the province. An individual does not legally “own” real property unless that ownership is registered with the Land Titles Office and they are issued a Certificate of Title.

The Canadian Constitution gives the provinces jurisdiction over property, and as a result a vast majority of the legislation concerning real estate is made at the provincial (and municipal) level. Provinces will have statutes concerning a number of real property and real estate issues, such as the Land Stewardship Act, the Mines and Minerals Act, the Public Lands Act, the Land Titles Act, and the Law of Property Act. All provinces will also have a Residential Tenancies Act governing tenancy within the province.

Real Property & Personal Property

In general, there are two kinds of property: real property and personal property. Many of the legal principles and laws applicable to all forms of property are taken from common British law. Back then, “real property,” often simplified to just property, usually applied to land and land fixtures.

Specifically, real property is land and, ordinarily, everything erected, planted, or added to it, like houses and crops. In its general use, the term land encompasses not just the face of the earth, but all objects of a permanent existence, including rocks, oil, and gases.

Personal property, meanwhile, is something other than land that might be the subject of possession, including shares, cash, notes, intellectual property, and intangible property.

Real Estate Sales & Purchases

When a piece of land is sold, real estate brokers or agents are also employed by the buyer to purchase the seller’s property. Real estate brokers, agents, and salespeople are authorized and governed under local state law.

An agreement on the real estate between the buyer and the seller of real estate is regulated by the basic rules of contract law and state law. The sale or conversion of real property is almost always necessary in writing. In real estate transactions, it is also necessary that the title to the property sold be “marketable.” Attorneys or title insurance agencies are also hired to examine the legal marketability of the title.

To transfer the title, an act with a correct description of the land must be executed and delivered. Most states require that the act be officially registered to determine possession of the land and/or provide notice of its transfer to potential purchasers.

Landlord / Tenant and Land Use Laws

In addition to the purchase or selling of land, states normally control the rental or lease of property for residential or commercial purposes. These rules regulate a host of procedures, such as how security deposits are handled, evictions, and more.

State and local laws can also have a direct impact on how owners manage their land. Zoning and environmental policies have an impact on planning and building programs. Furthermore, the community or homeowner group’s laws influence land use in many urban residential communities. It provides in-depth details on owning a house, refinancing a home, selling a home, preventing foreclosure, and more.

Human Rights

Human rights are innate in all human beings, irrespective of race, nationality, religion, gender, language, or any other status. Human rights constitute the right to freedom from slavery and torture, life and liberty, freedom expressing one’s opinion, the right to work and education, and many more. All are entitled to these rights, without prejudice.

The Universal Declaration of Human Rights (UDHR) of history is a pillar of human rights. The Declaration, drawn up by delegates of diverse legal and cultural traditions from all parts of the world, was declared by the United Nations General Assembly in Paris on 10th of December in the year 1948 by General Assembly Resolution 217 A(III) as a universal standard of achievements for all people and all nations. For the first time, it points out basic human rights to be equally secured. Ever since its adoption in 1948, the UDHR has been converted into more than 500 languages – the most frequently translated text globally and has influenced the constitutions of many newly independent states and modern democracies. The UDHR counting The International Covenant on Civil and Political Rights and its two Optional Protocols (Complaints Procedure and Death Penalty) and the International Covenant on Economic, Social, and Cultural Rights and its Optional Protocol, shall make up the so-called International Bill on Human Rights.

In 1976, the International Covenant on Economic, Social, and Cultural Rights came into effect. The human rights that the Convention aims to foster and preserve include:

• the right to function in just and favorable conditions;
• the right to social security, an acceptable standard of living, and the highest attainable levels of physical and emotional well-being;
• the right to knowledge and to reap the rewards of cultural freedom and scientific advancement.

The Covenant deals with privileges such as freedom of movement; equality before the law; the right to presumption of innocence and fair trial; freedom of speech, conscience, and religion; freedom of opinion and expression; freedom of association; involvement in public relations and elections; freedom of assembly; and the defense of minority rights. It forbids unreasonable deprivation of life; torture, inhuman or degrading treatment or punishment; slavery and forced labor; arbitrary arrest or detention; unlawful interference with privacy; war propaganda; discrimination; and propagation of racial or religious animosity.

The Human Rights Council, founded by the General Assembly on 15 March 2006 and reporting directly to it, has replaced the 60-year-old UN Commission on Human Rights as the main intergovernmental organization responsible for human rights. The Council comprises 47 State members. It is responsible for improving the promotion and protection of human rights across the globe by discussing and providing recommendations on human rights abuses, including responding to human rights emergencies.

A Universal Periodic Review is the most creative aspect of the Human Rights Council. This process includes updating the human rights history of all 192 UN member states once every four years. The review is a voluntary, state-driven procedure, under the auspices of the Council. It offers each state an opportunity to present the steps taken and the issues that need to be resolved to strengthen their country’s human rights situation and satisfy its international obligations. The examination is structured to guarantee universality and fair rights for all nations.

Landlord and Tenant

Landlord and tenant regulations vary across Canada. Different government departments or ministries, in each province and territory, oversee these laws. Landlord-tenant law covers each landlord’s rights and duties and each tenant concerning the rental property. Both parties need to know the fundamentals of renting a room, how to obtain or pay security fees, the basics of state and federal regulations on fair housing, and more.

Canadian laws define two types of rental agreements (also referred to as ‘lease agreements’ or just ‘lease’):

• Written agreement
• Oral agreement

Security Deposit Laws

The security deposit laws vary depending on the province. In most cases, it’s equal to the last month’s rent payment.

In most cases, the landlord is allowed to use the security deposit money to cover the damages that occurred during the lease.

Note that your security deposit should be deposited to the interest-bearing account and your landlord is obligated to pay you the interest after the lease expires.

When your landlord takes the security deposit cheque, he’s obligated to disclose the following information:

• The cheque amount
• Rental property address and/or unit
• Name of your landlord
• His/Her phone number
• Name on the cheque (who accepted it)

Rental Payment Laws

You’re obligated to pay your rent on the exact date stated in your lease agreement. Even if you pay a day later, it’s considered a late payment and penalties can apply. As for the late payment penalties, they vary depending on the provinces. The usual practices are:

• Offering a short period to fix it
• Applying reasonable money penalty
• Sending a notice of eviction (it will not be valid after you pay the rent amount you owe)
• Laws state that you can send your rent payments by cheque, bank transfer or using cash.

Eviction rules

Your landlord can only evict you in specific situations and must give you written notice using the proper form provided by the Landlord and Tenant Board. The form must give the reason for eviction.

Even if your landlord gives you written notice, you don’t have to move out. Your landlord must first apply for and receive an eviction order from the Landlord and Tenant Board (also known as the board). You have the right to go to a hearing and explain why you should not be evicted.

Protection against wrongful evictions

New rules under the Protecting Tenants and Strengthening Community Housing Act, 2020 and existing rules under the Residential Tenancies Act, 2006 help to ensure that tenants’ rights are protected.

Eviction for personal use

Your landlord must now give you the equivalent of one month’s rent, or offer you another unit if they:

• want to use the unit themselves
• want to use the unit for their family
• are selling the property and the purchaser will be using the unit themselves

Renovations

Your landlord must also compensate you if they evict you from your unit to:

• renovate
• repair
• demolish

Under the new rules, if your landlord fails to provide you a right of first refusal, you will have two years, rather than one, to file a claim with the Landlord and Tenant Board for compensation.