Questions tagged [british-columbia]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the Canadian province of British Columbia (BC). Vancouver is the largest city within the province.

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1 answer
68 views

Store claimed no returns without loyalty program

In British Columbia, is it legal to predicate a retail return with the receipt with having made the original purchase tied to a company loyalty program account? This already contradicts the receipt I ...
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-3 votes
2 answers
211 views

Not sure if it's worth hiring a lawyer because not sure if what happened was illegal

Something recently happened to me that I'm not sure was legal. To give a high level overview I was accused of something I didn't do. An internal investigation found me guilty. The investigation was ...
2 votes
2 answers
165 views

How can a lender of a small loan protect himself from the borrower not paying them back?

An acquaintance asked me to lend him money. I believed his story and lent him $100. He promised to pay me back $150 in 5 days time. It's been months and he hasn't paid me anything. I have heard that ...
0 votes
0 answers
23 views

British Columbia - Pros and Cons of Joint Tenancy/Bare Trust of Private Property

What are the pros and, especially, cons of becoming a joint tenant and bare trustee of a private property in British Columbia? I keep finding articles on the pros, but not too much on the cons.
1 vote
1 answer
36 views

Tests to determine when the Residential Tenancy Act applies. E.g. what counts as providing health care?

My friend was in a work related accident and suffered brain damage. He pays rent to live in a building that the average person would not be eligible to live in. Guests are required to check in at the ...
-1 votes
2 answers
73 views

(Canada, British Columbia) What Cause of Action(s) would be available in the Situation Below? Ways to Calculate Remedies In this Case?

A Father (RE Agent, Broker, Owns Biz as RE Developer) is approached by his Daughter wanting to purchase Property for her to live in. An Agreement is eventually reached between the Father and Daughter ...
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3 votes
1 answer
102 views

Does an employee have any responsibility to protect company assets?

I work in a store. A customer made a purchase. But had another bottle in his hand that he didn't put on the counter for me to scan. I asked if he had already paid for it. He tried to pick a fight ...
1 vote
0 answers
57 views

Is it possible to receive no pay because all the money goes to union fees?

A bit of a follow up to Union fees were deducted but was never told there was a union If someone works for an employer for a very short time (for example 1 or 2 hours) is it possible to receive a net ...
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0 votes
1 answer
107 views

Union fees were deducted but was never told there was a union

I ask this question just out of curiosity. Please advise if it's a better fit for workplace or some other site. I was hired to work at a store. I quit after having worked 2 hours. Part of the reason I ...
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1 vote
4 answers
144 views

Can consumers use trusts to protect themselves from losing their deposit — if, after consumers pay deposit, a company goes bankrupt?

Many companies (call them D for Defendant) require monetary deposits from consumers (C for Claimants), before D undertakes time and effort to order the product. C is an unsecured creditor, and a ...
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1 vote
0 answers
60 views

Can employers in Canada provide different Health benefits based on family or marital status?

My employer offers a health benefits plan where the amount that can be claimed towards the benefits plan is higher for employees who have a spouse, and even higher for employees with children. I am ...
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-1 votes
1 answer
77 views

Am I obligated to pay prorated insurance premium if broker renewed without my agreement?

My home insurance broker sent us a renewal email over a month late. I told them we were not interested, and were changing providers. They want payment for the time between our previous policy with ...
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-1 votes
3 answers
101 views

What are the best legal methods to protect one's jewelry designs? [closed]

As handcrafted jewelry producers, our cooperative has created literally thousands of original jewelry designs over the past 30 + years. What would be the most effective and practical ways to protect ...
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2 answers
77 views

Is a desire for vindication a legitimate reason for a lawsuit?

I understate that a judge can often determine a monetary payment for the violation of a law. But, what if the primary motive for undertaking a law suit is to not be the fool of the other? Is it better ...
-4 votes
2 answers
97 views

Large customer (Distributor) changes a single letter in the Supplier's name and trademarks it. Is this legal? [closed]

That’s what happened to our jewelry-maker cooperative!
7 votes
2 answers
1k views

Is there a time limit to initiating a legal complaint?

In the case of an injury that continues to affect the Plaintiff, is there some time limit for filing legal documents with a court?
-1 votes
1 answer
65 views

Can two legal complaints be combined in one lawsuit? How does that work? [closed]

Our craftswomens cooperative would sue under Chapter 2741 of the Ohio Revised Code (ORC) prohibiting use of an individual's "persona" for "commercial purposes" without written ...
2 votes
1 answer
95 views

From a practical perspective, what is the most reliable way to make a debtor pay?

It would seem the two options to "force" a person to pay are have a judge issue a wage garnishing order for one of their employers have a judge issue a wage garnishing order against one of ...
0 votes
1 answer
97 views

If Party X tells Party Y something untrue about Party Z, if Party Y repeats it is this defamation (if it's obviously false)?

I had a short term job that I was fired from. I was told that someone tripped and was injured on something I left laying around, which in fact I didn't do. As "proof" my manager showed me ...
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2 answers
75 views

If Defendant agrees to settle, can the Plaintiff still be awarded legal fees?

Say Defendant owes Plaintiff money. It's a relatively simple case, such as Plaintiff did work but Defendant isn't paying Plaintiff. Plaintiff files an action in small claims, and Defendant finally ...
0 votes
0 answers
57 views

Must terms in employment contract be interpreted as they apply to the job?

I see a lot of employment contracts which seem to be very broad with things the employee cannot do. Are the terms always interpreted in context, and only enforced when the employer can show damages? ...
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11 votes
4 answers
8k views

In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?

While sharing salary information is often discouraged by employers, in the province of British Columbia, Canada, are employers legally allowed to punish (e.g. fire, reprimand, etc.) an employee who ...
2 votes
1 answer
74 views

How exactly to calculate severance pay?

I have several questions regarding severance pay. Is it better to ask them separately or in one question? I had worked for an employer for 8 months and was terminated without cause. The schedule ...
-2 votes
1 answer
115 views

Terminated without cause. Do I have a claim for unjust termination or toxic work environment? [closed]

I was recently terminated without cause. I had been working in a liquor store for about 6 months. There was something "special" about the work environment. Several businesses in the area ...
1 vote
1 answer
82 views

Canadian (BC) invoicing regulation - can we attempt to collect interest after the overdue payment is made?

My business partner and I started a construction related business last year. We recently (August 2021) received payment for an invoice that was issued June of 2020. At that time we did not have any ...
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3 votes
1 answer
763 views

Is it legal for some employees to have to clock in and out and others not if they are in the same role?

I work in the same position and with same job description as other employees. We have to clock in and out at the start and end of our shifts. The clock in and out system is directly tied to our pay: ...
-2 votes
2 answers
2k views

Is it legal for a store to lock the door with customers inside?

In a retail store the manager has instructed employees to lock the door when the store has closed, even if customers are still inside. This is to prevent more customers from entering. Is locking the ...
1 vote
1 answer
118 views

Can a manager reduce my work hours because there has been (unverified) issues with a coworker?

I am having a conflict with a coworker. Without going into the nature of the conflict, the manager wants to schedule us on separate days. However this would mean a reduction in the hours I work in a ...
0 votes
2 answers
235 views

I am stuck working alone with new coworker who I believe is dangerous. Must the employer take action?

I work in a shop. Most of the time I work alone or with one other person. We recently got a new manager who hired two new employees. One of them I have conflicts with (back story on workplace....
0 votes
1 answer
126 views

Can management tell employees not to: accept cash from a customer then pay with their personal credit card because store doesn't take cash?

This question arises from the answers given in Is it illegal for a store employee to do this with payment? and What power does an employer have over gratuities/tips? To recap, a retail store does not ...
1 vote
1 answer
121 views

Is selling alcohol from one individual to another for profit illegal without a license?

Consider this scenario: Joe works at a liquor store. Shortly before the store closes a potential customer calls in, and asks if Joe could purchase the products so that the customer can buy it off him ...
23 votes
3 answers
8k views

Is it legal for a store to accept payment by debit card but not be able to refund to it, even in event of staff's mistake?

A store accepts payment by payment cards, including debit and credit cards. Refunds are allowed, however due to a technical problem refunds cannot be made to debit cards. Sometimes a refund is ...
2 votes
1 answer
113 views

Must employer do something about aggressive customers?

I work in a liquor store where often times I am the only employee. Today a customer acted aggressively and said he wanted me to come outside with him (presumably to fight). He was also swearing at me. ...
1 vote
2 answers
392 views

What power does an employer have over gratuities/tips?

First, what is the difference between tips and a gift? Can an employer legally order employees not to accept either? Can an employer order an employee to share it? For example in restaurants many have ...
9 votes
4 answers
447 views

Is it illegal for a store employee to do this with payment?

In a retail store the official policy is that cash is not accepted and payment must be made through payment card (e.g. credit card). Some employees started telling the customers who want to pay in ...
1 vote
1 answer
118 views

What happens if debtor pays before enforcement hearing?

This is a hypothetical scenario. I had an order which the debtor was not following. He paid me just before the enforcement hearing. What do I need to do to cancel the hearing, or should I attend and ...
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4 votes
1 answer
183 views

When can a customer be denied service for not wearing a (COVID) mask, considering medical exceptions?

I work in a retail liquor store. We require customers to wear masks to prevent the spread of COVID19. Technically speaking is wearing masks a law, a health order or the store policy as a result of the ...
1 vote
1 answer
159 views

Does probation period count actual days worked or days starting from job acceptance?

I had worked an on call job. There was zero guarantee of any work, but typically everyone got 2-4 shifts per week. I was terminated within probation according to management, but I was very close to ...
3 votes
2 answers
115 views

Can an employee be penalized for missing work due to medical appointment?

Can an employer discipline an employee for taking time off work for a medical appointment? What if the employee is still on the probation period? I won't get into specific details, but a somewhat ...
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0 votes
2 answers
2k views

Can employer deduct minutes worth of pay for clocking out few minutes early?

I started working in a retail store. We are scheduled to work for 30 minutes after the store closes to finish the closing procedures (such as turning off lights, locking doors etc). For example if the ...
  • 205
4 votes
1 answer
563 views

Must an employer provide a break room/lunch room to its employees?

I started working in a retail store. It has no lunch room, break room, or a place where employees can sit comfortably to relax. In practice there's a storage area where people use bins to eat their ...
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2 votes
1 answer
149 views

Can an employee be disciplined for breaking a rule that is clearly not usually enforced?

I started a new job working in a retail store. The employee handbook has several official rules and policy which are clearly not enforced. For example no dogs in the store no cellphones at work ...
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3 votes
2 answers
40 views

When can a payment hearing be adjourned without a decision?

A person has a validated court order from the Civil Resolution Tribunal (CRT). The CRT does not have authority to enforce its orders but small claims court does. In the payment hearing the debtor told ...
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1 vote
1 answer
84 views

In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?

At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers. I understand in the payment hearing the creditor can ...
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1 vote
1 answer
148 views

Does this non-compete clause basically mean the signer can't work in a similar job for 6 months after quitting?

In a non-solicitation contract there is a section that reads as follows. Does this bar the signer from working in information technology sector for 6 months? Put simply, does this means he would have ...
1 vote
1 answer
72 views

How to serve a summons to payment hearing to a debtor?

Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to ...
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2 votes
1 answer
66 views

How is interest calculated on a debt?

For the notice of payment hearing forum it has a section for "payment order" and "interest". How is interest calculated? What percent is it? What time does it start counting from, ...
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1 vote
1 answer
102 views

What happens if someone moves home to avoid a payment hearing?

If legal action has been started against someone, what happens if they move homes? For example, if an order for a defendant to pay someone money is made, what would happen if they just moved homes so ...
  • 147
0 votes
1 answer
68 views

How to have a provincial court order enforced? What are the pros/cons of the different ways?

Follow up to How does someone file an order with the Provincial Court to have it enforced? If a plaintiff received a validated order from the Civil Resolution Tribunal, then filed it with the BC ...
  • 147
1 vote
1 answer
113 views

How does someone file an order with the Provincial Court to have it enforced?

Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
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