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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1answer
70 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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1answer
75 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 ...
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1answer
44 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
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2answers
96 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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2answers
126 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 ...
4
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1answer
221 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 ...
2
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1answer
134 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 ...
3
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2answers
35 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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0answers
79 views

Can a roommate be kicked out for being racist towards another roommate?

I share a rental unit with two other adults. We each have individual leases. One of them (call her Jane) is racist towards the other (call him Joe). They got along fine at first. Then suddenly Jane ...
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1answer
72 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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1answer
94 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 ...
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1answer
63 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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1answer
61 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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1answer
96 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 ...
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1answer
49 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 ...
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1answer
57 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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1answer
32 views

Confused as to the waiting period required after getting an order

A default judgement was awarded. It seems there are contradicting orders in how much time one must wait to get it enforced: As set out in 58.1 (3) of the CRTA, a part may only enforce this order if ...
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0answers
35 views

What steps must an employer take to keep health information confidential?

I asked this on workplace but perhaps it's a better fit here. With my job we are required to get COVID testing frequently. They normally hire different labs to do the testing so each time there's some ...
1
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1answer
75 views

Will tenancy agreement still be valid if the property manager/broker who signed on behalf of landlord is terminated?

In BC, Canada, if a tenancy agreement is signed by a brokerage/property manager on behalf the landlord, and the property manager's contract is terminated early, will that make the tenancy agreement ...
3
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1answer
127 views

Can an employer force me to quit my old job, claiming it's a conflict of interest, if I never agree to it in an employment contract?

This question is about when is something legally binding. Say I am an interview for a new company. They advise me that continuing to work for my old one (even on a part-time basis) would be a conflict ...
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2answers
114 views

In BC is there an automatic probation period for new employees?

If an employee works less than 3 months are they entitled to any notice before being fired without cause? Does it matter if they're given some kind of warning or explanation? I was reading this ...
1
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2answers
104 views

Are provisions requiring employees to provide certain amount of notice before quitting, enforceable?

To my understanding giving 2 weeks notice when quitting is customary, though not legally required. Can an employment contract stipulate that the 2 weeks are mandatory? I'm curious how it would be ...
6
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1answer
173 views

Secretly recorded audio to meeting with landlord and now starting a dispute against him. Can I submit it as evidence?

My ex-landlord preferred to communicate by in person meetings. I began covertly recording our meetings with the microphone on my phone. Only the audio was recorded, not the video. My ex-landlord was ...
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2answers
160 views

Can forwarding address be provided by e-mail for landlord to return security deposit?

If a landlord does not return a tenant's damage deposit in 15 days from the later of the move out date or receiving a forwarding address, tenant may go after him for double. If the forwarding address ...
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1answer
72 views

If landlord doesn't return damage deposit, must you remind him before starting a case?

Where I live if a landlord doesn't return a damage deposit, the tenant can go after him for double the value. From a pragmatic view, must/should the tenant warn the landlord before the 15 days are up? ...
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1answer
156 views

In BC residential tenancy is there no longer a fixed term lease where tenant must vacate at end?

To my understanding the new government changed laws so that when a fixed term tenancy comes to an end, it automatically is converted to a month-to-month tenancy. There is no longer the option to have ...
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0answers
39 views

Am I allowed to point a web camera at a nearby business that continues to make noise to get evidence? [duplicate]

There is a bar across the alley from my home. Even when everything was closed for COVID-19 people would sit on the back deck and make a lot of noise until 4am. I've also noticed lots of trucks coming ...
0
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1answer
99 views

What happens if someone simply moves homes and stops responding to a lawsuit?

In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
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1answer
119 views

If a company never invoices me, am I obligated to do anything?

I hired a driving school to help me get my driver's license. My test was cancelled due to COVID and my last lesson was about a week before the test. The driving school and testing facility are two ...
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2answers
127 views

Can an employer charge employee/contractor a processing fee for payment?

I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed ...
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2answers
122 views

Can a prospective employer require you to pay to take a test as part of an interview?

I just red this question about having to pay to take a test for an interview. Is it legal? Must an employer reimburse? In general this site says an employer can't charge you a fee to start work.
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1answer
95 views

Rental agreement - Ending the tenancy clause

I live in Vancouver and rented a room in a shared house from the person who has the lease. I did not have to deal with the house owner ever. The person who has the lease pulled up this agreement ...
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0answers
31 views

In addition to base pay, what other payment in lieu of benefits must employer provide?

I may be confused about this. In Canada, in addition to the hourly rate, must an employer pay any additional fees, like vacation pay? I know one place I work paid 4% of base rate in lieu of vacation. ...
2
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1answer
98 views

What would go into proving you are an employee and not a contractor?

To my understanding, in Canada, an employee is given more protection and entitlements under the law, than a contractor. What would go into proving one is an employee and not a contractor? Would this ...
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2answers
94 views

Meaning of “costs throughout to” in a court case?

A judge said, "I would therefore dismiss the appeal with costs throughout to the respondent." Excuse my simple post here. I looked for an answer on google, but could not find any. I would like to ...
2
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0answers
56 views

Must employer pay extra for entire weekend of working on a holiday or just day?

I sometimes work Sundays. There is a holiday on Monday, it's Thanksgiving. Where I live we get paid extra for working a holiday. Should I get paid extra for working this Sunday? I'm guessing I know ...
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1answer
74 views

What is a court order? How is it different than a settlement?

I had brought a case against my ex-landlord. One of the claims was he wouldn't return some property of mine. In the settlement agreement, he said he would make available for pickup my property. He did ...
3
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0answers
59 views

Must employer give 2 weeks work if work is shift work and employee gave notice

I work for a company that periodically asks employees what their availability is and assigns shifts based on that. The calendar with the shift information is about at it's end and a new one hasn't ...
3
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1answer
132 views

When is it illegal to carry opened alcohol in public?

I heard it's technically illegal to have an alcoholic beverage that is not in the same state it was sold in, in public. Does this mean if a single can of beer is missing from a six pack it is illegal?...
2
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1answer
144 views

What is the minimum time an employer must give before cancelling work?

I do sporadic work for a company. I had a shift scheduled for over a month. I messaged my manager the day before asking if there's anything else I needed to know. She told me the shift was cancelled. ...
1
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1answer
90 views

What information will be made public by CRT and for how long?

I would like to bring a case to the Civil Resolution Tribunal. I would like to know more about it's privacy. From there Information Access & Privacy Policy it appears the public can access just ...
2
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2answers
177 views

How does a lawyer help when taking someone to court for money owed?

I had a landlord who I believe owes me money for several things. The two biggest would be prorated rent and the return of damage deposit. Since I shared a kitchen with this landlord, it is out of the ...
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2answers
59 views

Who would I report these bylaw infractions my landlord made to?

I am living in a shared house with the lease holder. I suspect the lease holder has broken several laws. He has rented out a storage space as a bedroom. It has no windows or door and I believe this ...
1
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1answer
133 views

Can lease holder physically remove my items from home without judges order?

I live in a shared home and pay rent to the lease holder. He doesn't want me to live here anymore. The leaseholder basically said he has the right to kick me out whenever he wants and to remove my ...
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1answer
123 views

Selling a home co-owned by someone with a severe mental disorder [duplicate]

The question title may be a bit misleading - it's hard to word my issue. Apologies in advance. Background I am 27 and my sister is 23. We stand to inherit a 1500 sq. foot home should anything happen ...
3
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1answer
200 views

I don't have a lease and my landlord is threatening to kick me out immediately

This is embarrassing and I realize I should have done things differently. I live in a shared home and pay rent to the lease holder. He doesn't want me to live here anymore and has given me a few days ...
3
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0answers
78 views

If work must be paid in Canada, when/how is volunteer work allowed?

This is a bit of a follow up to Is it legal to work without pay - Canada? When is it legal to do something and not get paid (in Canada)? Where I live volunteer work is common (ranging from helping at ...
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1answer
23 views

Is it possible and how to get all the information on a corporation in Canada, BC

There is a super long story of how we ended up in this situation (in fact too long to describe here), but at the end of the day, one of the contractors who started doing renovations in our apartment ...
1
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1answer
45 views

Can the Resedential Tennancy Act be included in situations where it wouldn't normally apply?

The Residential Tenancy Act list situations when it would naturally apply and when it would not. From http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section2 What this Act does ...
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1answer
78 views

How to prove landlord didn't return damage deposit within required time

According to the Residential Tenancy Act a landlord must return the damage deposit within 15 days time. Isn't it easy for a landlord to not do this but pretend he had tried? For example what if the ...