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.
135
questions
4
votes
1
answer
119
views
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 ...
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 ...
1
vote
2
answers
129
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 ...
0
votes
1
answer
79
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 ...
1
vote
2
answers
151
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 ...
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-...
1
vote
1
answer
113
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 ...
3
votes
2
answers
156
views
What is a "strata lot"?
In relation to real property, what is a "strata lot"?
0
votes
1
answer
154
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 ...
2
votes
2
answers
154
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 ...
2
votes
2
answers
168
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 ...
-2
votes
1
answer
197
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 ...
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. ...
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 ...
-2
votes
2
answers
223
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
218
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 ...
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.
1
vote
1
answer
56
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 ...
0
votes
2
answers
79
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 ...
2
votes
1
answer
129
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
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 ...
0
votes
1
answer
211
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 ...
1
vote
4
answers
165
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 ...
0
votes
0
answers
91
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 ...
-1
votes
1
answer
85
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 ...
0
votes
3
answers
115
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 ...
0
votes
2
answers
83
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 ...
-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!
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
75
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
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 ...
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 ...
0
votes
2
answers
96
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
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?
...
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 ...
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 ...
-2
votes
1
answer
123
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
228
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 ...
3
votes
1
answer
925
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: ...
-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 ...
1
vote
1
answer
175
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
449
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
264
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 ...
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 ...
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 ...
2
votes
1
answer
155
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
891
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
544
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
132
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 ...
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 ...