Use the Law of Attraction As Your Own Personal Money Magnet

Using the Law of Attraction as your own personal money magnet is easy when you know one of the best kept “secrets” of the Law of Attraction, which is “energetic magnetism.” In fact, the terms “Law of Attraction” and “energetic magnetism” could be used interchangeably since they are essentially the same. This article explains the top two tricks that most people miss when it comes to making the Law of Attraction work for money.

If you want to be magnetic to money, you want to create the ability to “draw” or “pull” money to yourself. To do this, you want to create within yourself something called, “magnetism” and to do that, you have to think in terms of “energy” rather than just thinking in terms of cerebral pursuits such as positive thinking.

According to Google’s Dictionary, magnetism is defined as, “A physical phenomenon produced by the motion of electric charge, resulting in attractive and repulsive forces between objects.” While that sounds, “a little too scientific” for most of us, what it’s basically saying is what you need to do is charge two objects with enough energy to attract to each other. In our case, since we want to manifest money with the magnetism of the Law of Attraction, the two objects which we want to “energetically charge” would be you and money.

So, let’s say that money already has a certain electrical charge or energy which can also be called a “frequency.” Like a radio dial has numbers to indicate the different energetic frequencies of the radio channels, so does money already have a “channel” (or energetic frequency) on the dial of this planet. So, now let’s say all you have to do is get the physical “energetic frequency” of your body (your radio dial) “tuned” to match money or whatever you desire. Although it sounds difficult, it’s really rather easy when you know a couple of tricks.

All you have to do when you want to learn how to attract money with the Law of Attraction using its magnetism is to think “energetically” rather than “intellectually.” When you think “energetically,” you’ve learned the true secret for using the Law of Attraction to manifest money. This is how to attract money, plain and simple, but most people don’t know about this one significant factor when learning how to manifest money.

You see, most people approach the law of attraction thinking that it’s all “in their minds.” But, it’s not just “all in their minds.” A larger part of learning how to manifest money is changing the physical “energetic” signal (frequency) that you are putting out to the Universe through your body, and you can’t easily do this by just doing affirmations. You have to do it by doing things that actually change your body’s energy, or frequency, to match the “electrical charge” or frequency of the money. When you do this, the indisputable science of magnetism takes over and you draw things to you very quickly.

One way to work “energetically” rather than “intellectually” with the Law of Attraction for money is by doing things that teach your body the physical vibration of what you want. For example, if you want more clients, then you physically pretend (and go through the physical motions) of acting as if you have clients. Yes, this means pretending to talk to them on the phone, making initial appointments, etc. This teaches your body the “vibration” (or frequency) of having clients and, thus makes your body “charged” with the identical “electrical charge” or frequency of having clients and, bingo, you become magnetic to having clients.

How to Obtain a Legal Separation at a Seattle Attorney Law Firm

Legal separation is a family law action which allows married couples to live separately without being divorced. Simply put, legal separation is the first step before the court awards a divorce decree. A legal separation can be a prelude to a divorce, an unpleasant necessity that buys you time to put your marriage back together, or a way to trade a divorce trial for a divorce settlement agreed to out of court. Regardless of what the future holds, we’ll help make this part of the processes a little less painful.

Family law is governed by state law, and divorce laws vary from state to sate. In Washington, if a couple does not want to terminate their marriage right away, they can seek a legal separation as an alternative. A divorce action, especially if it goes to trial, can be a very expensive process. However, not all people need to pay high legal fees to get a divorce. There is another way.

Legal separation simplifies the divorce process and gives the parties time to live apart, clear their minds, and try to work through things themselves. Hopefully the terms of a legal separation can be worked out without litigation. Agreements about temporary living conditions–parenting plan, child support, spousal support, debt allocation–can be made pursuant to a legal separation. Then, the parties can live separately and decide later whether they wish to reconcile or continue with a divorce. If the parties choose divorce, they have already made and tried certain arrangements, precluding the need to litigate in court.

Before entering into a legal separation, you need to get the advice and assistance of a good and experienced Seattle attorney. Each Seattle attorney at McKinley Irvin is available to solve your family law needs. Each McKinley Irvin Seattle attorney is very experienced in all aspects of family law, including divorce and legal separation. This Seattle attorney firm has over 100 years of combined experience in family law. Each McKinley Irvin Seattle attorney has represented many clients in cases like legal separation, child custody, parenting plan issues, child support, and property and debt distribution.

There are many issues that come into play while dealing with legal separation cases. Each Seattle attorney at McKinley Irvin can delicately handle these issues. When you work with a McKinley Irvin Seattle attorney, issues such as taxes, assets, and child custody will be handled professionally and with care for the client. As our client, you are the most important part of our business, and we will treat you accordingly.

Each and every Seattle attorney at MI has successfully represented their clients in valuing and dividing community property, including multi-million dollar marital estates. Moreover, our Seattle attorneys are experienced with dividing substantial employment and retirement benefits, stock options, and both government and private sector pensions. Spousal maintenance, child support, disposition of business interests and financial investments are also skillfully dealt by our Seattle attorneys.

Posted in Law

Fixing The House Or Breaking The Law The Scoop On Hiring An Illegal Maid

An illegal immigrant is a person who has crossed a national border in any manner that violates the laws of immigration. People do this for a variety of reasons. Some feel this is their way out of poverty. They come to the United States to look for work. You may come across someone like this who seems to need your help. Perhaps you are looking for an affordable way to keep your home clean. You may consider the possibility of hiring an illegal immigrant as a maid. In that scenario, it would seem that both parties have something to gain.

Is it Wrong to Hire an Illegal Immigrant Maid?

On one hand, seeing a person in a desperate situation can naturally make a person want to help. The person may be very nice and just in a bad predicament. Your job offer could help feed this person’s family. Another reason people may wish to hire an illegal immigrant as a maid is to possibly get the labor for a lower amount than they would normally pay, because an illegal immigrant will not report them for substandard pay due to having an illegal status.

On the other hand, when considering whether or not to hire an illegal immigrant maid, it is important to remember that there are consequences that can go along with offering that help. Consider the fact that if you do, you could possibly be charged with a felony.

An alternative does exist in encouraging this person to apply for the guest worker program, which, if approved, would allow an illegal immigrant to remain legally employed without the risk of deportation. The guest worker program is a way for illegal immigrants to temporarily remain in the U.S. for employment purposes. Qualifying for the guest worker program will take away the risk of deportation.

Legalities

As mentioned on FairUS.org, knowingly encouraging or harboring an illegal alien, by assisting him or her in finding work or by providing employment, is a violation of federal law. Employment is defined as any service or labor. Is a maid considered an employee? The answer is not simple. Some may consider maid services to be domestic services.

According to The Boston Globe, a border protection chief is facing criminal charges for hiring illegal immigrants as maids. Perhaps a solution for him before hiring these maids could have been to encourage the illegal immigrants to apply for the guest worker program. If they had been approved, they could have been legally employed by him.

Mesothelioma Settlements Some Faqs

Considering a legal battle regarding mesothelioma and asbestos exposure can be a scary prospect. However, with the right mesothelioma legal professionals, the process can flow much smoother and most often with better results; including mesothelioma settlements. There are number of questions that many people may have regarding mesothelioma settlements. Below are just a few of the concerns we have heard in recent years.

Are mesothelioma settlements typically subject to income tax fees and requirements?

Generally speaking, settlement money earned from a personal injury is not taxable by most states. This same principle applies to a mesothelioma settlement. However, taxes are charged to the representing Attorney who earns profits from a mesothelioma settlements contingency fee. If mesothelioma settlement monies are invested, then taxes will be applied to interest earned from this personal injury.

What options exist for individuals with limited income, when seeking a mesothelioma settlement?

Quite often, attorneys will offer a special contract for legal services. This contract provides all the necessary legal guidance and representation, with no upfront costs. When a mesothelioma settlement is achieved, the attorney will take a portion of the payoff as their contingency fee. If a mesothelioma settlement is not possible, the contract releases a client from all financial responsibility. With this type of contract, a client has virtually no risk in attempting to obtain a fair and deserved mesothelioma settlement.

How does the Statute of Limitations affect a potential settlement?

In all personal injury cases, each state permits a certain amount of time to pass before the ability to bring a lawsuit expires. This time period varies depending on the state, but in many cases it runs around two years. With an illness thats characteristic evolution involves several years, or even decades, of dormancy, like mesothelioma; there are some difficulties in meeting the typical Statutes of Limitations throughout the United States. For fairness, most states have adopted the Discovery Rule, which enables individuals to bring suit within a specified time period after diagnosis from any latent illness, like mesothelioma. The Discovery Rule is just another way the legal system has responded to right many of the negligent wrongdoings of companies and organizations; ensuring justice and protection for any individuals seeking their rightful, mesothelioma settlement even decades after asbestos exposure.

How soon should an attorney be contacted after diagnosis?

For the best mesothelioma settlement possible, it is highly recommend that an attorney be contacted soon after a diagnosis is received. This ensures that the individual receiving legal assistance is in sound mind and body for initial testimony and official depositions regarding their experience with asbestos contamination.

Stay in relaxing mood with safe Herbal Incense Online Herbal Highs are Legal and Safe

Herbalaxation is the maker and supplier of herbal medicine and herbal health care products. Our legal Herbal Incense, which are vastly acceptable and acclaimed for both men and women. We also offer Herbal smoke Mini-hookahs that are ideal for Herbal Smoking. Herbalaxation offers a complete solution to a whole range of herbal medicine. Herbal medicines refers to the devout and therapeutic activities. In one word it must say any herbal product works as a curing method. Taking an important responsibility in aromatherapy and therapeutic applications, there is no other things as herbal medicine and herbal spices. Using herbal products in such a proper way can reduce any kind of health related problems because of herbal medicine or herbal incense are made of medical herbs or medicinal plants. Herbal smoking Blends are one of them, which is very good for those people who want to quite smoking habbit but failed. Smokers have some excuses that smoking relieves their stress, and strain and removes tiredness and stimulates their spirit. Herbal smoking blends are not made of Nicotine, but with various herbs. That doesn’t provide you with bad effect on your heart and lungs but without any nicotine it gives you a fresh feeling as any smoking elements. Herbal smoking sticks are not having any harmful ingredients, so that they are absolutely safe for your health, not even effect on passive smokers.

Now Herbal Smoking blends are appreciated in the global market. Keeping in mind the prehistoric Ayurveda and up-to-date scientific research Herbalaxation have renovate all the herbal healthcare products and medicine that are cost-effectively and qualitatively accessible online. We have an enormous variety of products that includes Herbal highs, Legal Highs, K2 Summit, different Aromatic Potpourri only for aroma therapy treatment and serenity now herbal incense etc. which are alimentary supplements that can arouse you and your body’s natural energy resources.

Herbalaxation is different from others dealer because, it offers only highly effective and safe Herbal Highs and Legal Highs. Those are absolutely legal products and you are allowed to buy all these herbal incense if you will be above the age of eighteen. One must feel the difference whenever he/she taking those products. Incense sticks have a relaxing effect that spreads all over the body, specially on nerves and minds to provide instant relaxation and a satisfying you by affirming your tensed nerves. We are beyond compare on the market, because of our wide and excellent collection of legal highs which are made of proper herbal ingredients with no chemical essence. As Herbal incense is one kind of aromatic herbs, it gives you longer relaxation and staying power to accomplish the feeling of pleasantness that lasts long and stays on as an enjoyable mood around you.

Our great diversity of products are adapted only for reaching our customers’ needs and satisfaction. In order to know more about our herbal product’s purity, our Herbal Incense review guide is handy for you. It has all the answers that you want to know. Then rush to us just by a click to our new product option, to purchase any one of your choice and make yourself comfortable.

Law Of Attraction – Easy Technique To Make Law Of Attraction Work For You

In reality, the Law of Attraction is just a “commercial” name for the REAL Law: the Law of Belief. “What the mind can conceive and BELIEVE, the mind can achieve”, “What yoy deeply BELIEVE at the subconscious level, will materialize as your reality”, “What you BELIEVE is what you get”, “It is done unto you as you BELIEVE”.

You must be VERY careful with the incomplete teachings of most gurus and experts who keep telling you to focus on what you want and keep your vibrations HIGH!

Unfortunately, they don’t tell you the MISSING LINK connecting (1) the Law of Attraction, (2) keeping your focus on what you desire, and (3) keeping your vibrations HIGH.

That MISSING link is your BELIEF.

You BELIEFS are the ULTIMATE CAUSE of (1) what you predominantly think about all day long, (2) what you predominantly focus on, (3) the emotional ‘states’ you predominantly experience, and (4) your predominant attitudes and behaviors — which will cause you to send out a very specific type of vibrations.

As long as you continue holding the same OLD beliefs (and value-beliefs), you will CONTINUE to (2) predominantly think the same OLD way, (2) predominantly focus on the same OLD things, (3) predominantly experience the same OLD emotional ‘states’, and (4) predominantly have the same attitudes and behaviors — which will CAUSE you to send out the same OLD BAD vibrations attracting to you the same OLD undesirable results.

Most people FAIL when using the Law of Attraction because they make lots of conscious efforts to focus on what they want and keep their vibrations HIGH, while all the time, their Subconscious mind keep holding to the same OLD beliefs which ARE CAUSING them to automatically send out the same OLD ‘low’ vibrations attracting more of what they do NOT want.

CHANGE your beliefs (and value-beliefs) and almost like by magic, you will (1) predominantly think in a NEW way, (2) predominantly focus on NEW things, (3) predominantly experience NEW and more empowering emotional ‘states’, and (4) you will predominantly have NEW attitudes and behaviors — which will CAUSE you to send out the NEW, high vibrations attracting to you what you truly desire.

The STEPS used to activate the Law of Attraction are the following

1. Identify and make a list of all the limiting beliefs you have about money, including why you believe you cannot make more money.

2. Identify and make a list of all the limiting, conflicting values you have about money . (Value is a certain type of belief which places more importance on certain things than on others. Examples are “It is better to give than to receive”, “I’d rather be honest that rich”, “There are other things more important that money”, “Money isn’t everything”, “Money is not that important to me”, and so on. With those value-beliefs you will never attract great sums of money. instead, you will be a money repellent.

3. Proceed to ELIMINATE all the limiting beliefs and values in your list in your LIST. There are many ways to do that. It is not possible to cover them In this short article.

4. REPLACE those beliefs/values with beliefs/values that will give you what you desire.

5. Study the lives and the way of thinking of very rich people. Make a LIST of those beliefs/values they must possess in order to think, act and achieve the way they do. Incorporate them into your thinking immediately.

6. Keep programming into your mind all those beliefs/values until they become part of your Subconscious mentality — at which time you will automatically start thinking like a rich person.

7. Become proficient at self-hypnosis to make the re-programming easier and faster.

8. Learn to control your Self-Talk to immediately ZAP from your mind any limiting thoughts as soon as they cross your mind. This is also known as “STATE” control. By being able to control your ‘states’ of mind and keep them positive and focused on your desired goals most of the time, you will automatically send out those HIGH vibrations that will attract to you what you desire.

EASY TECHNIQUE TO ACTIVATE THE LAW OF ATTRACTION

It is strongly recommended that you get rid of your limiting beliefs/values before using this technique. The degree of success with this technique will depend on the number of limiting beliefs/values you are able to identify and eliminate.

You will use a FORMAT seldom used by most gurus and experts. It is the COMMAND format or mode. You will COMMAND yourself to do certain things just like the emperor gives commands to his subjects. It is extremely powerful and works when most other types of formats (present tense, first person “I”, etc.) fail.

There is a new biography of Warren Buffett being published. It explains that Buffett was OBSESSED with making money.

The COMMAND mode is an easy and very effective way of imprinting that obsession in your Subconscious mind.

It is recommended you do it for 5-10 minutes when you wake up (AM) and for 5-10 minutes when you go to sleep (PM).

With your eyes closed, take several deep breaths to place yourself in a deeper, more relaxed state. Those who know how to use self-hypnosis, can place themselves in a deep trance state.

Once deeply relaxed, start repeating over and over for 5-10 minutes the following COMMANDS:

“BE A MONEY MAGNET.
ATTRACT MONEY LIKE A MAGNET.
ATTRACT MILLIONS AND MILLIONS OF DOLLARS QUICKLY,
EASILY, EFFORTLESSLY”.

LET these COMMANDS sinking deeper and deeper into your Subconscious mind without trying hard. The MORE you try to FORCE things, the GREATER the Subconscious resistance will be.

That is all there is to it.

If you feel like it, and it comes NATURAL to you, you may visualize money coming to you from every source and every direction in great avalanches of abundance. But, that is NOT necessary. Keep it as simple as possible.

Do it every morning and every night.

And, do it also when you have some free time during the day.

The MORE you repeat this simple technique, the FASTER you will get the results you desire.

Enjoy it!

= = = = = = = = = =

Leo Foster is in a mission to make the process of being a Millionaire
both EASY and FUN. You may contact him at Millionaire Mind Secrets, Make Money Fast, Get Rich, Be a Millionaire —
There you will find the BEST and FASTEST techniques and tools available, including the “Millionaire Mind Reprogramming Course”, so that you can EASILY DOWNLOAD that ‘Millionaire Mind’ into your Subconscious, and AUTOMATICALLY start to believe, think, behave and achieve like the multimillionaires. Download your free “Money Magnet” mp3 audio.

Why A Legal Plan Is A Good Idea For Families With Teenage Drivers

Teenage drivers pose one of the greatest risks for automobile accidents. It is the main reason why including them on one’s auto insurance is so high. When its time to add your new driver to your car insurance policy, you may want to consider a legal plan as well. Based on how the averages stack up against your teenager, it could end up saving you several hundreds to thousands of dollars when its time to renew your insurance.

Remember that day when you passed your road test and was issued your first driver’s license? You probably had a smile that stretched from ear to ear and thought to yourself, -Oh, that special feeling of independence!- On the other hand, when your parents went to add you to their insurance policy, they discovered that they might have to finance that extra cost, because it was astronomical. Fast forward to today, and now your teenager is making that leap of independence, and you now know how your parents felt.

In fact, studies show that average cost of insurance for teenage drivers nearly doubles a family’s insurance premiums. Why? Because the risks are much higher when a teenage is behind the wheel. One of the most interesting facts about teenage drivers is that they are 3 times more likely to be involved in a fatal crash . Couple that with the law enforcement campaigns that seem to always net a higher percentage of speeding teenage drivers, and you begin to understand why the insurance companies charge such high premiums. Lets face it, the maturity of teenage drivers, on average, is lacking that of an experienced driver, which usually only comes with some years behind the wheel.

Don’t totally fret, because there are some insurance discounts for teen drivers. And even though they don’t make up for the sharp jump in insurance premiums, every little bit helps. For instance, if your teen gets good grades, that’s a plus. And just about all of the major auto insurance companies provide discounts when teens take a defensive driving course. Of course, make sure to inquire with your auto insurance for any discounts you might be entitled to.

And once you have added your teenage to the policy, its time to consider a family legal plan – one that offers legal representation in traffic court for moving violations – you know – tickets. As was mentioned earlier in this article, teenagers get traffic tickets at a much higher rate average. And as you know, when points come with that ticket, so does the promise of higher insurance premiums. This is where having an attorney represent your teenager, or even you for that matter, can make a big difference in the outcome of your court case. And when you consider that just 1 or 2 points on a teen’s driver record has the potential to raise a policy by several hundreds to several thousands of dollars, is there any wonder why participation in legal plans is starting to happen in huge numbers?

There are many types of legal plans in the market, so you will have to do a little research to find a company that has a plan to fit your families’ needs. Most basic plans cost less that $20 monthly. And they usually offer more than just motor vehicle moving violation coverage – with coverages like basic consultation, letter writing, contract review, wills, IRS Audit representation, law suits representation, and the likes. With all of these added benefits and potential savings, and a daily cost of less than a cup of coffee, a legal plan begins to make a lot of sense compared to the high cost of auto insurance.

In any case, now that you have a new driver in the family, adding legal protection is generally a good decision.

Gerard Cassagnol is a professional marketer of legal plans and identity theft plans for individuals, families, and small businesses. He has subscribed to a legal plan for more than 15 years and has been an advocate of affordable legal protection in the USA and Canada. For more information about Small Business Legal Protection, please got to FREE Insider Legal Protection Report . For more information about Identity Theft, including good tips to help protect you and your family, go to ID THEFT PROTECTION

Your Personalised Number Plate Explained Certificate Of Entitlement

Owning your own personalised number plate is becoming incredibly popular with motorists of all backgrounds. With over 30 million registration numbers in the market place there is a private plate out there to suit every taste and budget. When you purchase a registration number that has never been assigned to a vehicle you will be issued with a V750, commonly known as a Certificate of Entitlement. This pink certificate is a legal document which displays the grantee and nominee names and details of the registration number. The grantee is the purchaser of the vehicle registration number and holds all legal rights to it. The nominee is a name which can be added to enable a second individual to be able to assign the registration number to a vehicle. Unlike the grantee, the nominee has no legal rights to the registration number and it can only be assigned to one vehicle at any one time.

A nominee name can be added or changed at a later date for the current fee of 25. This fee is payable to the DVLA and must be sent with your application. To have a nominee name added to your registration number the grantee must complete the section on the left hand side of the certificate entitled Change of Nominee Details.

If you are the grantee and you change address, the certificate of entitlement can easily be amended. To do this you simply have to complete the box on the right hand side of the V750 and sign and date it. You must then send the certificate to the DVLA at Swansea and a new certificate will be issued and sent to the new address. This is a free procedure and typically takes up to two weeks.

To assign a personalised number plate to your vehicle you must apply to the DVLA. Applications can be made in person or by post to your local DVLA office. In order to assign a registration to your vehicle you must provide the following items:

Your V750 (Certificate of Entitlement)
V5 Registration Document (commonly known as the log bog) for the vehicle you wish to assign the registration to. Please note that the grantee or nominee name must match the name that appears in the V5 log book.
A valid MOT certificate (if applicable)
80 assignment fee if this has not already been paid

When your registration number is assigned to your vehicle you will be issued with a new tax disc showing the new registration number, and your V5 log book will be updated and returned to you by the DVLA. You will be issued with a certificate which enables you to have your acrylic number plates produced by a number plate manufacturer. You must also remember to inform your insurance company of the change of registration. Full instructions on this process are provided on the reverse of your certificate

The certificate of entitlement is valid for 12 months from the date of issue. If after this 12 month period you have not assigned it to a vehicle, it must be renewed with the DVLA. The renewal fee is currently 25 which must be included with your application. Only the grantee may apply to have the registration number renewed. If the registration number is not assigned within the 12 month period and a renewal application is not made, the right to the registration will lapse. If this occurs the grantee may apply for a refund of the 80 assignment fee however they will not be entitled to any other refund for the registration.

Buying and assigning a private number plate is incredibly easy. Car registrations are THE must have motoring accessory. Why not find yours today and start experiencing the joys of having a personal number plate!

Residential Tenancies Mental Health Problems A duty to accommodate and a tenant’s right to remain

RESIDENTIAL TENANCIES: Mental Health Problems, a Duty to Accommodate, and a Tenant’s Right to Remain in their Home

By: Michael K.E. Thiele, B.A., LL.B., Plant Quinn Thiele LLP, Ottawa, Ontario Canada. Copyright 2007

The legislation governing most residential landlord and tenant relationships in Ontario is the Residential Tenancies Act S.O. 2006, c.17. (RTA). While the residential lease, written, oral, or implied, executed by the parties may inform the rights and responsibilities between the parties, the lease agreement may only establish those rights subject to the over-riding provisions of the RTA. In Ontario, the RTA applies to rental units in residential complexes despite any other Act and despite any agreement or waiver to the contrary. Further, where a provision in a tenancy agreement/ lease is inconsistent with the RTA or its regulations, that provision is void, and where the provision of another Act conflicts with the RTA the RTA takes precedence. In this regard, the freedom to contract is restricted; even prevented by the RTA, and appellate judicial pronoucement confirms that the RTA is effectively a complete code removing even the jurisdiction of the Superior Court in dealing with the relationship between landlord and tenant outside of the regime established by the RTA.

A recognized and statutorily mandated exception to the foregoing is the application of the Ontario Human Rights Code, the provisions of which take precedence over the provisions of the RTA. It is with respect to this exception that this paper is concerned, in the context of discussing recurring and difficult cases arising at the Landlord and Tenant Board, and how the Human Rights Code is helping tenants suffering from disabilities that cause behaviours which otherwise or normally would justify termination of their tenancies and eviction.

In practice before the Landlord and Tenant Board of Ontario, it has become increasingly apparent that a great number of tenants who are called upon to defend themselves and consequently their tenancies are suffering from some form of mental illness. In many instances, the mental illness is undiagnosed, but nevertheless is apparent to the observant onlooker. These tenants, but for the litigation support offered through Legal Aid Ontario, Community Legal Clinics, and generous lawyers, are left without the protections that one expects a Court to afford parties under disability. The Landlord and Tenant Board will allow proceedings to continue against a tenant, who by any reasonable measure would appear to be a party under disability, with the usual caveat being that they speak to duty counsel (who can not represent during the proceeding) prior to hearing.

Whether justice is wrought in these circumstances is a hard question; however, I believe it is fair to say that under these circumstances, the chance for injustice is greatly elevated. How then, and where, is the protection for parties under disability, for the mentally ill and infirm?

The starting point to deal with mental illness in residential landlord and tenant matters lies in the Ontario Human Rights Code R.S.O. 1990, c. H 19.. The code provides that -every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance-. A disability is defined to include a condition of mental impairment or a mental disorder.

In the recent Supreme Court of Canada decision in Werbeski v. Ontario (Director of Disability Support Program, Ministry of Community & Social Services), 2006 SCC 14 (S.C.C.) , the Court held that a provincially created statutory tribunal was obligated to follow the provincial human rights legislation when rendering its decision. The Court stated that statutory tribunals, which were empowered to decide questions of law, are presumed to look beyond the enabling statute, to apply the whole law to a matter properly before them.

The OHRC is a fundamental law. The Ontario legislature affirmed the primacy of the OHRC in the law itself, which is applicable both to private citizens and public bodies. Further, the adjudication of OHRC issues is no longer confined to the exclusive domain of the Ontario Human Rights Commission: OHRC, Section 34. The legislature has clearly contemplated that this fundamental law could be applied by the Court and other administrative bodies and has amended the OHRC accordingly.

In Werbeski , supra, the Supreme Court of Canada found that an administrative tribunal should apply the provisions of the OHRC when interpreting statutes because:

(i) The Ontario Human Rights Code states that it has primacy over other legislative enactments;

(ii) The recent amendments to the OHRC have removed the exclusive jurisdiction over interpretation and the application of the Code, from the Human Rights Commission.

In addition, the provisions of Section 11(2) and Section 17(2) and (3) of the OHRC specifically state that “a Court, as well as the Tribunal or the Commission, could apply these provisions of the OHRC when deciding if the needs of a person with a disability can be accommodated without undue hardship.” Section 47(2) of the OHRC states that the OHRC is paramount over other legislation. The Supreme Court of Canada has also held that the Human Rights Code takes precedence over agreements and contracts: Syndicat Northcrest c. Amselem, [2004] 2 S.C.R. 551 (S.C.C.).

APPLICATION TO LANDLORD AND TENANT BOARD PROCEEDINGS

The Divisional Court in Walmer Developments v. Wolch, on a appeal from a decision of the Ontario Rental Housing Tribunal (predecessor to the Landlord and Tenant Board), dealt with a situation where the tenant was diagnosed with schizophrenia. As a consequence of this condition, the tenant exhibited behaviours that included frequent screaming, throwing garbage loose in the halls, shouting profanity in the elevator, putting her property, such as her TV, out in the hall, and leaving food cooking on the stove unattended and hence filling the hall with smoke.

The Ontario Rental Housing Tribunal did not apply the Ontario Human Rights Code, and failed to give consideration to the implications of section 2 of the OHRC to the eviction proceedings before it. This was ultimately held to be in error as Section 17 of the Code provides:

17(1) A right of a person under this Act is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability.

(2) The Commission, the board of inquiry or a court shall not find a person incapable unless it is satisfied that the needs of the person cannot be accommodated without undue hardship on the person responsible for accommodating those needs, considering the cost, outside sources of funding, if any, and health and safety requirements, if any.

After some discussion of issues pertaining to the Ontario Rental Housing Tribunal’s ability to require accommodation (since ameliorated by statutory amendments), the Court held that a tenant suffering a disability has the protections of the OHRC, and most importantly that the question of accommodation shall be considered in the Tribunal’s/Board’s determination of whether to relieve from eviction under the discretionary provisions of the Tenant Protection Act/Residential Tenancies Act.

In Walmer, the appeal was allowed because it was ultimately demonstrated that the landlord could accommodate the tenant by notifying the tenant’s family of problems as they arose and that the tenant’s family could intervene. It was found that the tenant, when on her medication was controlled and her behaviour was then not objectionable.

Walmer, then, stands for the proposition that a landlord has a duty to accommodate a tenant who exhibits behaviours as a result of a disability, that otherwise would warrant termination and eviction, and where the accommodation does not amount to undue hardship, to actually take steps to assist the tenant in maintaining their tenancy by finding reasonable solutions to the problems alleged. Further, where a landlord fails to provide such accommodation, the Landlord and Tenant Board is directed to consider what may be a reasonable accommodation and where available, refuse termination and eviction to the landlord.

SINCE WALMER The Walmer decision has had the practical impact of sensitizing the Landlord and Tenant Board to the fact that many of the persons who appear before the Board are suffering from disabilities. While sensitized to the issue, it continues to be the case that the burden of establishing the existence of the disability; and further establishing what the reasonable accommodation may be; remains with the tenant. Where tenants do not have representation and/or do not have a support network the accommodation potential (and hence retention of the rental unit) offered by Walmer , is not pursued and hence is lost. Very clearly, in the Landlord and Tenant Board context, a human right is only a right if it is pursued and the Board will not, on an institutional basis assure that a mentally ill party is represented and that his/her human rights are asserted.

The Walmer decision has had a dramatic real life impact for many tenants. In particular, tenants suffering from schizophrenia, paranoid delusional disorder, dementia, alzheimers, hoarding instincts, and a host of other mental illnesses that from time to time cause behaviours that otherwise would warrant termination and eviction; now, are retaining their housing, with the landlord being required to take a little extra care for them. The Walmer development has been a positive change in that it has very clearly prevented homelessness of persons with mental illness who are able to be treated and who will function normally with the right support, understanding, and accommodation.

This is significant as the number of aging renters increases. Aging seniors, who haven’t had an issue with their landlords since the commencement of their tenancy are increasingly finding themselves before the Landlord and Tenant Board facing allegations of anti-social behaviours. Often these behaviours are age related as aging sometimes brings on mental illnesses or medical conditions that cause a person to exhibit anti-social behaviours. Often, these can be medically treated or ameliorated by additional care and support. These -mentally ill- tenants are often just regular folks whose entire life is subject to being turned upside down through eviction because they got sick. Through eviction they lose the stability that having a place to live gives, it robs them of peace, their routines, and likely exacerbates any medical condition or mental illness through the stress caused by the eviction.

While Walmer has been a tremendous help to many tenants by forcing the Landlord and Tenant Board to recognize -disabilities- and to impose accommodation of those disabilities where reasonable; the procedures of the Landlord and Tenant Board in adjudicating cases dealing with the mentally ill continue to disregard the fact that in many instances these tenants are not only mentally ill but incompetent as well. From the perspective of the Landlord and Tenant Board it never has a party before it that can be a -person under disability- as in the sense of the Rules of Civil Procedure. Query whether this is just.

CONCLUSION The issue that this paper started with remains unresolved. Persons suffering with mental illness still face procedural disadvantage at the Landlord and Tenant Board. The Landlord and Tenant Board can make a person homeless. Hopefully, the law will eventually recognize that the mentally ill and incompetent deserve procedural protection and it seems fair to suggest that one avenue to such protection is through the ideas expressed by the Court in Walmer.

Risk Control For Legal Representative In The Company Under Chinese Law

Legal Representative is a basic company system under current China Corporate Law. That is, any new established company should appoint a natural person as the companys legal representative, who may act on behalf of the company. The legal representative can be either Chinese or foreigner.

With regards the conditions for acting as a legal representative, under current law, the following persons cannot be appointed as legal representative:

1.has no civil disposing capacity or his/her civil disposing capacity is limited;

2. criminal penalty or mandatory criminal measure is being enforced on him/her;

3. is being wanted by the police or state security departments;

4. is sentenced due to taking graft or committing bribery, offences against property, disrupting socialism market economic order and has completed a term of imprisonment for less than 5 years; is sentenced due to other offences and has completed a term of imprisonment for less than 3 years; or is sentenced to depriving of political rights due to offence and has completed a term of imprisonment for less than 5 years;

5. ever was the legal representative or director or manager of any enterprise which was bankrupted due to bad operation and was responsible for the bankruptcy of such enterprise, and it is less than three years since the completion of liquidation for the bankruptcy of the enterprise;

6. ever was the legal representative of any enterprise which was revoked Business License due to illegal activities and was responsible for such illegal activities, and it is less than three years since the revocation of Business License;

7. has large outstanding personal debts.

In consideration of the special position of legal representative in a company, as well as the power he is granted and the legal responsibility he shall take, on the issue of selection and appointment of legal representative, the company shall have to strike a balance between power distribution and risk control.

Under current corporate law, the legal representative of a company appointed under its articles of association shall be its chairman of the board of directors, its acting director or its manager. Therefore, generally speaking, legal representative, in most cases, is core people in a company. However, in some cases, to prevent potential risk, the investor of the company may also appoint nominal legal representative, whose name is lent and who has nothing with companys business.

From the perspective of legal representative, although he is granted with company power and can act on behalf of the company, he shall probably take civil, administrative or criminal liability due to company behavior, or even is subject to emigration restrictions. From this point, potential risk is there for a legal representative.

I. Potential legal risk for a legal representative

Generally speaking, when a legal representative acts in accordance with the laws, administrative regulations and articles of association of a company, such acts shall be deemed acts of the company and the liability arising out of such activities are assumed by the company. Therefore, generally a legal representative does not take any personal responsibility for such acts.

However, in special circumstances, due to violation of the law, regulation and articles of association by legal representative, or in special cases, a legal representative shall take personal liability as follows:

Potential Civil Liability of a Legal Representative

A legal representative shall take civil liability in the following two situations:

1. A legal representative may be liable to compensate for loss suffered by the company if such loss is caused due to misconduct or negligence of the legal representative.

The act of a legal representative represents the company and any consequences relating to the act shall be assumed by the company itself. However, if the act of a legal representative is against the law, regulation or articles of association, which damages companys interest, the company is entitled to request the legal representative to compensate any loss from the misconduct.

2. A legal representative may take responsibility due to his violation of fiduciary duty and duty of care to the company.

The violation of fiduciary duty and duty of care to the company herein refers to the situation where a legal representative takes advantage of his position by obtaining bribes or any other illegal gains, or misappropriating company assets for personal interest. The legal representative shall compensate to the company for any loss due to the illegal act.

Potential Administrative Liability of a Legal Representative

Under any of the following circumstances, except company liability assumed by the company itself, its legal representative may be subject to administrative sanctions, fines and if the offences constitutes a crime, criminal liability shall be investigated:

a. conducting illegal operations beyond the range approved and registered by the registration authority;
b. concealing facts from the registration and tax authorities and practicing fraud;
c. secretly withdrawing funds or hiding property to evade repayment of debts;
d. disposing of assets without authorization after the company is dissolved;
e. failing to apply for registration and make a public announcement promptly when the company undergoes a change or termination, thus causing interested persons to suffer significant losses;
f. engaging in other activities prohibited by law, damaging the interests of the state or the public interest.

Unless the legal representative can prove he was not aware of such acts and was not subjectively, at fault or delinquent in fulfilling his duty, he may bear administrative liability for the acts of the company that is in violation of the law and regulation.

Potential Criminal Liability of a Legal Representative

The criminal liability of a legal representative, in case of company crime, is a special liability associated with company crime, where the legal representative belongs to a person who is directly in charge or person is directly responsible for the crime. For example, according to article 153 of criminal law, in case of company smuggling, besides the fine which is imposed on the company, the persons who are directly in charge and the persons who are directly responsible for the crime shall be sentenced to fixed term imprisonment of not more than three years or criminal detention; if the circumstances are serious, they shall be sentenced to fixed term imprisonment of not less than three years but not more than 10 years; if the circumstances are especially serious, they shall be sentenced to fixed term imprisonment of not less than 10 years.

Although the laws do not provide the scope of the term “persons who are directly in charge and person who is directly responsible”, in legal practice, a legal representative is commonly deemed to be within such scope and will be found liable for the criminal acts committed by the company.

There are other company crimes where a legal representative may be subject to criminal liability, including but not limited to, crimes of manufacturing and selling toxic or harmful foodstuff, crime of falsely declaring registered capital, crime of false capital contribution, or withdrawing capital contribution upon registration, crime of issuing stock or bonds by fraudulent means, crime of presenting false financial statement, crime of impairing liquidation, etc.

Compulsory Measures that may apply to a Legal Representative

In one of the following circumstances, a legal representative may be subject to compulsory measures:

1. If a company has unsettled civil cases or fails to perform its duties imposed by legal documents, judicial authorities may impose compulsory measures on its legal representative, including restrictions on him leaving the country;

2. If a company has entered bankruptcy proceedings, its legal representative shall not leave his place of domicile without courts permission;

3. If a company defaults on its tax payment, the tax authorities may restrict its legal representative from leaving the country.

II. How to prevent legal risk to a maximum extent

For the legal risk a legal representative may face, the following measure shall be adopted to reduce the occurrence of such risk:

1. The legal representative shall carry out its fiduciary duty and duty of care to the company and act as allowed by the law, regulation and articles of association. When dealing with company matters, the legal representative shall avoid making any decision just based on his own experience blindly and shall try to find legal base for any decision. A formal legal advise shall be sought from a legal consultant to prevent potential risk;

2. The legal representative shall be careful in signing on various legal documents. As a legal representative, it is common he shall need to sign a lot of legal documents, which may relates to the company finance, business and legal aspects. The legal representative shall not be in a casual manner in signing any document which is submitted by his staff without proper examination, which may cause serious problem afterwards and cannot be remedied;

3. Authorization Limit. In some cases, the legal representative has business trip or has to stay oversea for a long-term basis. For the sake of convenience, some of them like to authorize other person in the company to carry out his power as a legal representative. The problem is that such authorization is without any written form and limit to the scope and term of authorization. More seriously, the legal representative does not care about the exercise of the power by the authorized person. In extreme cases, the authorized person abuses the power and even conducts illegal activities with such authorization. After occurrence of the problems, the legal representative cannot easily exclude himself from liability. Therefore, proper authorization and supervision is necessary;

4. The company shall keep a well-organized company regulation. The best is each person in the company attends his own duties and the responsibility arrives a person In case of company crime, if the company does keep a well regulation which can prove the legal representative is not the person who is directly in charge for the criminal activity and knows nothing about the illegal decision made by other person within their duty in the company, the legal representative may be probably exempted from liability. On the contrary, without any company regulation, the legal representative is undoubtedly the prime suspect as a person who is directly in charge.