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April 22, 2008

Canadian Immigration News: Canadian Government introduces changes to Work Permits

Filed under: Law — Alexander Atkinson @ 1:31 am

On April 21, 2008 in Vancouver, The Honourable Diane Finley, the Minister of Citizenship and Immigration announced changes to Canadian Immigration Law and specifically the law for obtaining a work permit for International Students who graduate from an eligible Canadian post secondary institutions.   Effective immediately, the changes mean that international students will qualify for a 3 year open work permit after graduation and with no restrictions on the type of employment they can pursue.  Further there is no requirement for a job offer.  This is significant move greatly expanding the number of foreign students that will qualify for the Post Graduate Work Permit Program and moving from a system of closed work permits to open and increasing the duration of the Post Graduate Work Permit Program from 1 to 2 years to 3 years throughout Canada.  This will undoubtedly result in more students wanting to study in Canada and increasing the pool of immigrants with in Canada work experience.  It will also provide an increased pool of candidates for the governments newly created ”In Canada Experience Class”.   It is likely that with this move that the “In Canada Experience Class” will become increasingly important while moving Canadian Immigration more towards an Inland processing of Immigration Applications with applicants having  prior work and study experience in Canada.

April 18, 2007

Personal Injury/ICBC Claims: Can I obtain compensation?

Filed under: Law — Alexander Atkinson @ 11:42 am

I am often asked by people that have been in a motor vehicle accident whether they can obtain compensation for their loss such as damages for their pain and suffering as a result of their injuries sustained.  Not all injured parties can obtain general damages or loss of income recovery as a result of a motor vehicle accident.  It will be required to answer Yes to these following questions:

Was someone else at fault?

Did the accident cause your injuries?

 Was your injury caused in the last two years?

Was someone else at fault?

The ICBC system and general personal injury damages in British Columbia is based on a fault based system thus one has to prove fault in order to recover damages for pain and suffering. Proving fault mainly involves showing that your injuries could have been avoided, but for the actions of the other party.  Examples are:

 1.     A car accident where the other party went through a red light;

2.     Slipping and falling because the pavement was unsafe;

3.     A car accident where the other driver rear-ends you.

Did your accident cause your injuries?

Usually there is no problem in linking the accident to your injuries.  However, in some cases problems may arise, such as:

1. You back is injured in a car accident, but you have a long history of prexisting back problems;

The lawyer has to analze and argue with ICBC that the accident was a contributing cause of your injuries or increased the severity of your injuries;

Was your Motor Vehicle Accident Injury caused in the last 2 years?

Limitation dates apply to Accident Claims in British Columbia.  If one does not file a court action (save some exceptional cases) within 2 years you cannot make a claim as it will be statute barred from not being filed on time.

Unfortunately, some people are unable to receive compensation for their injuries as they can answer NO to some of the questions above. Please contact me if you have any further questions on your Personal Injury Case.

Immigration News: Government of Canada makes important new changes to the temporary foreign worker program

Filed under: Law — Alexander Atkinson @ 10:03 am

On February 23, 2007 in Vancouver, the Honourable Monte Solberg, Minister of Human Resources and Social Development (HRSDC) and the Honourable Diane Finley, Minister of Citizenship and Immigration (CIC) announced improvements to the Temporary Foreign Worker Program.  The changes made can benefit Immigration lawyers and Canadian Employers as follows:

 1. Employer’s can now hire lower skilled foreign workers for more than 1 year;

2. Improving the processing times by allowing online applications for a Labour Market Opinion (LMO) and upon request can apply to Canadian Immigration for a work permit at the same time one applies to Human Resources  for an LMO.

Along with the Service Canada’s  recently introduced Occupations Under Pressure List for British Columbia (which has implemented a lower requirement for foreign worker recruitment requirements) should make the process of obtaining an LMO and  a Work Permit quicker and more efficient. 

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