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.

Filter by
Sorted by
Tagged with
7
votes
1answer
679 views

If a tenant moves in without a signed lease, must the landlord go through the eviction process to remove them?

I know some landlords don't require tenants to sign anything (no lease). So what is the minimum necessary for a tenant not to be charged with breaking and entering (or unlawfully living in the home) ...
6
votes
1answer
1k views

When can doctors share information without a patient's explicit consent?

I'm curious about patient confidentiality, in non-emergency situations. When and who can a doctor disclose medical information about a patient to, and when do they need consent? At the university I ...
6
votes
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 ...
6
votes
1answer
263 views

Difference between subletting, assigning and subleasing?

When a person signs something agreeing to rent a space for a given amount of time, what's the difference between the person subletting, assigning and subleasing the space? One particular thing I'm ...
6
votes
0answers
88 views

Must doctors and other medical practicioners give treatments based on science? [closed]

I went to see a counsellor at my university and he said he wanted to do dream interpretation with me. After talking to other doctors and google searching, I found dream interpretation is complete ...
5
votes
3answers
1k views

What is the difference between a “non-for-profit organization” and a “society” in British Columbia, Canada?

Canada has a "Canada Not-for-Profit Corporations Act" and British Columbia has a "Society Act". I only recently discovered that there was a "Society Act" when reading about name registration. When ...
4
votes
3answers
1k views

What are consequences for defendant failing to meet orders of civil court?

I read that a civil court judge may order that a defendant, for example, pay damages; or, another example, provide particulars relevant to the pre-trial pleadings. But what if they don't comply? ...
4
votes
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 ...
4
votes
2answers
154 views

When moving into a rental home, must a landlord inspect it before requiring damage deposit?

I moved into a shared house. The landlord will be wanting a damage deposit (aka security deposit), though I know for a fact that he hasn't inspected the room after the previous tenant moved out. Is he ...
4
votes
1answer
797 views

Landlord illegally copied drivers licences; already going to court, what should I ask for?

I'm not looking for personalized advice and I'm not looking for legal advice. Where I live it's illegal for a landlord to copy the tenants drivers license. A landlord may not collect, copy or use ...
4
votes
3answers
2k views

When can a landlord withhold damage deposit?

What must a landlord do to (legally) withhold some or all of a past tenant's damage deposit (aka security deposit)? I've heard (from the tenancy office) that a landlord cannot arbitrarily withhold the ...
4
votes
1answer
122 views

If the Residential Tenancy Act does not apply, what does?

In BC, the RTA stipulates laws regarding rental homes. However, it does not apply under certain circumstances, such as when the tenant shares the kitchen or bathroom with a home owner. My question is, ...
3
votes
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 ...
3
votes
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
votes
1answer
77 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 ...
3
votes
3answers
388 views

Risks of signing a Non-Compete Clause

I was recently offered my first position as a junior web developer and was simultaneously notified that I would need to sign an NCC. After some research, I'm starting to feel skeptical about the ...
3
votes
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 ...
3
votes
3answers
288 views

Landlord arguing we were a subletters and don't have rights as tennants

I'm guessing I know the answer to this but someone told me it doesn't work this way. I'm renting a shared house. I have an individual lease with the people who told me they were the landlord, and I ...
3
votes
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?...
3
votes
1answer
889 views

Are restaurants required to have a bathroom available?

In a restaurant: If they have a bathroom, must they let paying or unpaying customers use it? Can they deny use to people who have not bought anything? There's a McDonald's that does not allow use of ...
3
votes
1answer
180 views

Serving evidence to ex-landlord and being able to prove it

I am trying to save money as I don't have much to spare. I need to serve the landlord with any documents that I serve the court. Typically this is done through registered mail, but this is expensive ...
3
votes
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 ...
3
votes
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
votes
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 ...
3
votes
1answer
733 views

In a rental, can a landlord remove a person from the lease and return their deposit?

In a rental home, the landlord had everyone sign the same lease agreement. Out of the original 5 tenants, one assigned their room and was returned their damage deposit from the landlord. Another ...
2
votes
3answers
466 views

Landlord refuses to do anything about tenants who do a lot of drugs

If other tenants in a rental home (roommates) are breaking the law and the landlord has been informed but refuses to do anything about it, is the landlord breaking the law or does a tenant (who's not ...
2
votes
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 ...
2
votes
1answer
133 views

How enforceable would a non-disparagement agreement be if one party has left the country?

The 2 parties in a dispute lived in British Columbia, Canada. It was an employment discrimination case. As part of the settlement, both the employer and employee singed an mutual non-disparagement ...
2
votes
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 ...
2
votes
1answer
923 views

If landlord insists/pressures tenant to move out early should mutual agreement to end tenancy be signed?

I know this is a bit of a strange question. I have a fixed term tenancy agreement and the lease is not up yet. However, the landlady really doesn't like me and has made it very unpleasant for me to ...
2
votes
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, ...
2
votes
1answer
127 views

In Canada, does any claim less than $25,000 have to be made within 2 years of the offense?

In the province of BC small claims court hears claims of up to $25000. A plaintiff has two years to file a claim from when the incident occurred. Does this mean for things less than $25000 a potential ...
2
votes
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 ...
2
votes
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 ...
2
votes
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
vote
2answers
287 views

Landlord never asked for key back, now saying he will deduct from damage deposit cost of changing locks

I lived in a shared house but had my own individual lease. I moved out last month. The landlord knew when I was moving out and I sent him a message confirming I had moved out and provided my new ...
1
vote
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 ...
1
vote
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 ...
1
vote
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
vote
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.
1
vote
1answer
657 views

When can a contract override the law?

Where I live, the law requires employers to pay overtime if more than 8 hours of work are in a shift. Some employers get around this and I'm wondering how? Their contract just states "there is no over ...
1
vote
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 ...
1
vote
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 ...
1
vote
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 ...
1
vote
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 ...
1
vote
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 ...
1
vote
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 ...
1
vote
1answer
388 views

How long does employer have to pay after job is done?

I had worked 2 weeks for at an event through a temp staffing agency. The last day of work was April 2nd. A week latter I submitted my invoice. I still haven’t gotten paid. How long does an employer ...
1
vote
1answer
71 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 ...
1
vote
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 ...