61
votes
Accepted
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?
Could the store give the customer credit or must they actual return the money?
The store has the legal obligation to return the money if the customer demands to be reimbursed. Section 155(4)(a) of ...
- 45.5k
22
votes
Parking ticket for parking in a private lot reserved for customers of X, Y, and Z businesses
I don't know about BC, but I would be surprised if it were that much different from:
germany
Public grounds can be restricted for parking by the respective authority by putting up official traffic ...
- 10.2k
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: ...
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 ...
- 239k
13
votes
Accepted
In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?
are employers legally allowed to punish (e.g. fire, reprimand, etc.) an employee who shares wage/salary information with their colleagues?
No. Section 8 of the BC Labour Relations Code preserves for ...
- 45.5k
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).
...
- 226k
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 ...
- 3,476
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 ...
- 1,669
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 ...
- 72.5k
7
votes
Parking ticket for parking in a private lot reserved for customers of X, Y, and Z businesses
Only governments can authorise fines
australia
A fine is a penalty and only governments can impose punitive sanctions. It would not be unlawful for a law to authorise the charging of fines by private ...
- 226k
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 ...
- 308
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 ...
- 28.2k
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 ...
- 239k
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 ...
- 226k
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 ...
- 114k
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 ...
- 226k
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 ...
- 1,266
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 ...
- 4,715
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 ...
- 4,715
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 ...
- 592
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 ...
- 8,446
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 ...
- 6,398
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 ...
- 114k
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 ...
- 114k
4
votes
If a worker quit his old job because a recruiter at a new job contacted him with an appealing offer, can he still be fired without cause in probation?
Pre-contract negotiations are not relevant
The employee agreed to a probation period? Then there’s a probation period.
The only cause of action would be if the new employer always intended to fire the ...
- 226k
4
votes
Is it legal for employer to make getting paid for work contingent on completion of certain tasks?
TD1 is an Obligation under tax law
Tax law requires employers to provide quite some information to the tax authorities. By law, the company has to have at least SIN and TD1. Without having the proper ...
- 45.2k
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 ...
- 217k
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 ...
- 217k
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 ...
- 217k
Only top scored, non community-wiki answers of a minimum length are eligible