60 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?

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 ...
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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: ...
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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 ...
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  • 140k
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 ...
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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). ...
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  • 158k
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 ...
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  • 3,368
7 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 ...
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  • 247
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 ...
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  • 20.3k
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 ...
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  • 140k
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 ...
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  • 158k
5 votes

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

Your landlord has an obligation to allow "quiet enjoyment" of the premises. Essentially this means that, unless they are damaging his or her property, the tenants are entited to act as though it were ...
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  • 158k
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 ...
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  • 158k
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 ...
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  • 1,141
4 votes
Accepted

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

http://www.healthinfoprivacybc.ca/confidentiality/when-can-and-cant-they-tell-others is a pretty good summary. Different rules apply to private practices than public clinics and hospitals. I will ...
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  • 158k
4 votes

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

Your landlord is not a law enforcement official. When you think that a crime is taking place, inform the police.
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  • 5,244
4 votes

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

Failing to comply with a court order is contempt; other answers have dealt with this. If the order creates a debt then the beneficiary of that order can take various methods to have the debt ...
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  • 158k
4 votes
Accepted

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

In the United States (and probably any common law country) a judge may find a person in criminal or civil contempt of court. One is in contempt of court if they refuse to follow the orders of the ...
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 ...
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4 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 ...
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  • 98.1k
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 ...
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  • 7,997
4 votes

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?

You probably would not be "obligated" to do anything. However your employer also would not be "obligated" to continue employment. If you agreed to something verbally, that is a ...
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  • 349
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 ...
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  • 4,615
4 votes

Must an employer provide a break room/lunch room to its employees?

Is there a law regarding this? The relevant law is the Employment Standards Act of British Columbia which only requires an employer to provide meal breaks for employees but not somewhere for them to ...
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  • 23.2k
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 ...
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  • 98.1k
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 ...
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  • 98.1k
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 ...
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  • 165k
3 votes

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

Yes, they still have to go through the normal eviction process and must still provide the minimum number of days required by their local jurisdiction in order to vacate the property. By moving in and ...
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  • 4,195
3 votes
Accepted

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

PIPA has a dispute resolution process. See page 39 of the guidance document. The judge in your current case may have the power to award you damages under PIPA, but most likely not. You are probably ...
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  • 8,292
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 ...
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  • 165k

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