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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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4 votes
1 answer
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Does British Columbia legislate for service to be performed 'with reasonable care and skill' + 'within a reasonable time'?

Does B.C. enact any laws like the UK's Consumer Rights Act 2015, sections 49 Service to be performed with reasonable care and skill (1) Every contract to supply a service is to be treated as ...
user109440's user avatar
1 vote
0 answers
145 views

How to deal with identity in a new country established using short name?

What would be the simplest or cheapest way to fix/avoid an issue caused by an immigrant who established their identity documents using their short name (eg. Tim) instead of the name on their birth ...
Speed's user avatar
  • 19
1 vote
2 answers
132 views

Is a worker either an employee or independent contractor? Or could they be something else?

Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
StumpTheCheff2's user avatar
0 votes
1 answer
84 views

When is an organization its own legal entity?

(This is bit of a follow up to Legally speaking who is the employer, is it whoever is paying the employee, telling them what to do, who owns the assets they use etc?) When is an organization ...
StumpTheCheff2's user avatar
1 vote
2 answers
155 views

Legally speaking who is the employer, is it whoever is paying the employee, telling them what to do, who owns the assets they use etc?

I had worked as an employee for an organization. I had signed standard paperwork before starting, including an employment agreement that had their name on it. I latter found out that the organization ...
StumpTheCheff2's user avatar
2 votes
1 answer
141 views

What is the correct traffic pattern for this intersection?

The intersections in question is where Government St splits off from Douglas St. (Victoria, BC, Canada) I have to use this intersection every day on my way to work and have witnessed several near-...
Cameron Critchlow's user avatar
1 vote
1 answer
116 views

Can a person agree not to disclose how their employment ended?

Can an employer fire an employee without cause and tell them that the reason for his departure from the company is strictly confidential? What if it's part of a settlement agreement? For example if ...
copypasteme's user avatar
3 votes
2 answers
172 views

What is a "strata lot"?

In relation to real property, what is a "strata lot"?
Jen's user avatar
  • 56.9k
0 votes
1 answer
173 views

Strata bylaw about secondary suite in Lower mainland area [closed]

The townhome is in Port Coquitlam, BC, Canada and the strata by-law states Secondary suites within Strata Lots are prohibited. Should any Owner of a Strata Lot be found to have constructed a ...
systemdebt's user avatar
2 votes
2 answers
156 views

Severance pay when getting terminated just after major change in scheduling

Normally the amount of severance pay is calculated based on the most recent past several weeks (8 in this example). What if there is an upcoming major change to the employees schedule right around the ...
StumpTheCheff2's user avatar
2 votes
2 answers
171 views

Terminating an independent contractor

If an independent contractor works for a company who assigns him shifts, can the company cancel the assigned shifts without warning or reason and effectively terminate the relationship? Assume there ...
StumpTheCheff2's user avatar
-2 votes
1 answer
199 views

Worker was sent to a store he was fired from but wasn't allowed to complete his job. New employer fired him as result

This is a theoretical situation. A person had worked at a retail store. He was terminated without cause and with severance. A few years later the same person is working for a marketing company on a ...
StumpTheCheff2's user avatar
4 votes
0 answers
92 views

As an employee who is paid hourly, how much should be paid to pick up a common supply a any store anytime before shifts?

An employee works at a banquet hall or something similar. Often he is told to pick up ice from a store before work and bring it. He is reimbursed for the ice but not compensated for his time. ...
StumpTheCheff2's user avatar
1 vote
1 answer
80 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 ...
Phyzz's user avatar
  • 333
-2 votes
2 answers
224 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 ...
Edwards's user avatar
2 votes
2 answers
220 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 ...
CoriolisForceFighter's user avatar
1 vote
0 answers
36 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.
user2977290's user avatar
1 vote
1 answer
57 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 ...
CaptainAgency's user avatar
0 votes
2 answers
80 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 ...
Miles's user avatar
  • 3
2 votes
1 answer
134 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 ...
user39743's user avatar
1 vote
0 answers
60 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 ...
bipbop1's user avatar
  • 407
0 votes
1 answer
251 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 ...
bipbop1's user avatar
  • 407
1 vote
4 answers
167 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 ...
user avatar
0 votes
0 answers
92 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 ...
cc70531's user avatar
-1 votes
1 answer
89 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 ...
hwm's user avatar
  • 101
0 votes
3 answers
116 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 ...
Maria Alaniz's user avatar
0 votes
2 answers
85 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 ...
Maria Alaniz's user avatar
-3 votes
2 answers
108 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!
Maria Alaniz's user avatar
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?
Maria Alaniz's user avatar
-1 votes
1 answer
76 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 ...
Maria Alaniz's user avatar
2 votes
1 answer
100 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 ...
cordialitinerary's user avatar
0 votes
1 answer
104 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 ...
pocketmoor's user avatar
0 votes
2 answers
97 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 ...
cordialitinerary's user avatar
0 votes
0 answers
59 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? ...
OxOfay's user avatar
  • 13
11 votes
4 answers
11k 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 ...
CuriousBCer's user avatar
1 vote
1 answer
104 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 ...
user39743's user avatar
-2 votes
1 answer
125 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 ...
user39743's user avatar
1 vote
1 answer
250 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 ...
Cat's user avatar
  • 11
3 votes
1 answer
939 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: ...
casablancaeggplant's user avatar
-5 votes
2 answers
4k 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 ...
casablancaeggplant's user avatar
1 vote
1 answer
176 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 ...
user127275's user avatar
0 votes
2 answers
451 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....
user127275's user avatar
0 votes
1 answer
270 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 ...
minusvivid's user avatar
2 votes
1 answer
178 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 ...
minusvivid's user avatar
23 votes
3 answers
9k 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 ...
casablancaeggplant's user avatar
2 votes
1 answer
164 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. ...
casablancaeggplant's user avatar
1 vote
2 answers
919 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 ...
minusvivid's user avatar
9 votes
4 answers
548 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 ...
minusvivid's user avatar
1 vote
1 answer
134 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 ...
Clockatok's user avatar
  • 117
3 votes
1 answer
202 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 ...
casablancaeggplant's user avatar