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21 votes

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?

Based on how the debit clearinghouses work, it's fantastically unlikely that the retailer is unable to reverse/refund a transaction. That is how the banks want you to do it!!!! The reason is simple: ...
Harper - Reinstate Monica's user avatar
16 votes
Accepted

Is there a time limit to initiating a legal complaint?

united-states Overview The big picture to keep in mind is that in the United States the applicable deadline for filing a lawsuit is very specific to the legal theory upon which relief is sought from a ...
ohwilleke's user avatar
  • 220k
12 votes

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

australia Wage information is confidential: but only on the employer In Australia, an employer must keep the remuneration of their employees confidential (subject to legal disclosure requirements). ...
Dale M's user avatar
  • 212k
9 votes
Accepted

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

If the landlord gave you a key, and you can not give it back to him he has every right to charge you for correcting the oversight. I put to you that if you can't provide it back to him, he can't be ...
davidgo's user avatar
  • 3,468
7 votes

What is the correct traffic pattern for this intersection?

I believe that the relevant regulation is: British Columbia Regulation 26/58 42.02 (Motor Vehicle Act Regulations: Rules for use of high occupancy lanes) (2)A driver of a vehicle that is not a high ...
mkennedy's user avatar
  • 1,473
7 votes
Accepted

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

These terms are not implied by legislation in any jurisdiction in Canada, but they are widely recognized as being implied by common law. There is an "implied term in every contract for services ...
Jen's user avatar
  • 59.1k
6 votes

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

You've had 3 weeks to wrap the key in a sheet of paper with a note written on it and mail it to your ex-landlord, or to go around to his place of business and hand it to him. Saying or thinking ...
brhans's user avatar
  • 294
6 votes
Accepted

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

"One day and that day may never come" If a company never invoices me, am I obligated to do anything? No (given that they know how to contact you i.e. you are not evading being invoiced). That ...
Greendrake's user avatar
  • 27.6k
6 votes

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

An employee is an agent of the employer when working and owes a duty of loyalty to the employer. One of the obligations associated with a duty of loyalty is to refrain from receiving anything other ...
ohwilleke's user avatar
  • 220k
6 votes
Accepted

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

No First, there does not appear to be unlawful discrimination: there is nothing to suggest that you are a member of a protected class and were terminated because of that. Second, you were given no ...
Dale M's user avatar
  • 212k
5 votes
Accepted

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

"an agreement by email for the cost of rent and damage deposit etc." may well constitute a lease. If it doesn't specify a term or ending method, it is probably a month to month lease. If nothing is ...
David Siegel's user avatar
5 votes
Accepted

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

Lawyers are useful in litigation the way engineers are useful construction or doctors are useful in surgery The know what they’re doing and have done it many times before: you haven’t. In your ...
Dale M's user avatar
  • 212k
5 votes
Accepted

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

While there is no statutory law in British Columbia that requires that employees give notice of resignation, employees can be contractually obligated to give notice and even absent a contractual ...
Ross Ridge's user avatar
  • 1,251
5 votes

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

The customers are able to leave, so there's no reason it could be a crime. Even if they weren't able to operate the lock themselves, they are presumably able to leave by asking a staff member. There ...
Comic Sans Seraphim's user avatar
5 votes

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

It is not illegal to treat the employees differently. As long as nobody is being paid for less than the time worked, this is legal. Treating employees differently because of protected characteristics ...
Comic Sans Seraphim's user avatar
4 votes

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

Ask yourself... What are you trying to achieve? My understanding is an employer is not obliged to provide you a positive job reference. I believe at most, they are only to obliged to confirm that you ...
fiprojects's user avatar
4 votes
Accepted

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

Yes, you can use it as evidence Canada clearly requires what is called a one-party consent for recordings. Section 184(1) of the criminal code makes it a crime to "knowingly intercept a private ...
Just a guy's user avatar
  • 8,418
4 votes

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

on behalf means that the party of the agreement is the landlord, not the property manager. The contract both entitles and obliges the landlord, not the property manager. The property manager is not a ...
SJuan76's user avatar
  • 5,879
4 votes

Is there a time limit to initiating a legal complaint?

In many cases there are such time limits. Such a limit is usually called a "statute of limitations" in English. Different jurisdictions have different limits. In addition, any given ...
David Siegel's user avatar
4 votes

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

It can be Defamation suits, in particular, are often undertaken to vindicate reputation rather than to secure monetary damages. This is one reason why suits awarding nominal damages for libel (sums ...
David Siegel's user avatar
3 votes

Can a landlord enter common rooms, in a house that is leased individually room by room, without notice?

The actual law in BC, the Residential Tenancy Act, guaranteed a tenant's rights to the rental unit and the common areas, and restricts the landlord's right to enter the rental unit. Common areas are ...
user6726's user avatar
  • 215k
3 votes
Accepted

When can a contract override the law?

It would basically be illegal, regardless of what a contract says: contracts are subordinate to the law. So the question comes down to whether the law unequivocally requires OT for shifts longer that ...
user6726's user avatar
  • 215k
3 votes

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

You would report unpermitted lock replacement to the home owner. The building code regulates new construction and renovations, and is not a requirement of any and all residences. This seems to ...
user6726's user avatar
  • 215k
3 votes
Accepted

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

A settlement is fundamentally a contract where parties A and B promise to do certain things (one of them being "stop litigating"). A court order is an enforceable order to do something. A contract ...
user6726's user avatar
  • 215k
3 votes
Accepted

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

Raise the question with your employer If you believe that you are an employee and not a contractor then there is presumably something you want from your employer. This may be additional wages and ...
Dale M's user avatar
  • 212k

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