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25

Can my accountant bill me for previous work he agreed to perform for free? No. The difficult part will be for you to prove that he agreed to do the job for free. Hence the importance of having this kind of "gentlemen's" agreements in writing. You have the burden of outweighing --even by means of circumstantial evidence-- the common presumption that ...


16

So the first thing would be to send an email to the accountant if that is really a road that he wants to go on, because he is going to lose your commercial business, and it is unlikely that he will get any money from you personally. If he wants to go there, you should probably get a lawyer. Good lawyers not only know the law and can give you legal advice, ...


12

An agreement to agree is void There is a multitude of case law on this point. If the NDA was not available to you when you signed the employment contract and the term was couched as you describe; then the term would be unenforcable. That is, your employment contract would be binding except for that term i.e. you could not be compelled to sign the NDA. Now,...


9

Under Canadian law, causing the death of human being is homicide. If the homicide is "culpable", it is an offense (crime). In the described scenario, it might be culpable homicide if the death was due to "criminal negligence". That would be the case if in doing a thing, the person "shows wanton or reckless disregard for the lives or safety of other persons". ...


7

In addition to the above, mandatory quarantine (self-isolate) means you must: go directly to your place of quarantine, without stopping anywhere, and stay there for 14 days do not go to school, work or other public areas and community settings monitor your health for symptoms of COVID-19 arrange to have someone pick up essentials like groceries or ...


6

I am going to convert a set of comments into an answer. Please note, IANAL, especially in your jurisdiction. You are asking the wrong question. The Court is not specifically ordering your father to make more money; it is ordering him to support his ex-wife (XW) at a level similar to what she enjoyed during the 20-year marriage. This is not outlandish. In ...


6

"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 said, you will still owe the money. When/if they ask it to be paid, you will need to pay. But there is no need to proactively bug them to take the payment. Until ...


5

While it is true that cash is legal tender, this can still be overridden by mutual agreement (i.e. in a contract). So the legal tender status only matters if payment methods were not agreed upon before entering into an agreement. In other words: If a restaurant lets you eat without telling you they do not accept cash, they will have to accept cash. However, ...


5

You asked the rep about how to change some details on your account, and asked him about the cost. It is clear from the recording that you are not changing anything right now. I can't see anything where you state that you want to enter a contract right now, I can not see anything where the rep indicates they want to enter a contract right now. In other words, ...


5

Unless you hire your friend cameraman, he will own the copyright. So sign a contract with him: you give him $1, he disclaims and/or grants all the copyright to you. Make sure this is actually in writing because, otherwise, presumption of no intention to create legal relations applies as you are friends.


5

This document from the Michigan Sec'y of State says that "A US citizen who has never resided in the US and has a parent, legal guardian or spouse that was last domiciled in Michigan is eligible to vote in Michigan as long as he or she has not registered or voted in another State". You then use the Federal Post Card Application or the Federal Write-...


4

Canada's local court systems and procedural rules vary, especially at the lowest level, by province. So, I'm just stating some general principals. General speaking legal arguments are limited to closing arguments of the parties after all of the evidence has been presented by both sides (because this limits legal arguments to those with evidentiary support ...


4

Can they? Yes Is it legal? No This is called constructive dismissal and it is as illegal as any other dismissal without legal cause.


4

There is nothing wrong with paying in cash; there is something wrong about hiding a transaction that relates to a taxable event. Cash makes that easier.


4

Is this even legal? Yes, it is lawful. The Ontario Tenancy Act does not seem to outlaw that type of clauses. But the clause (or lease) will be binding only if you agree to it. Also note that the clause refers to reasonable costs, which implies that those costs must be for a reasonable cause. In other words, the landlord would be barred from recovery of ...


4

Without this person's consent, you can't. https://www.cbsa-asfc.gc.ca/agency-agence/reports-rapports/pia-efvp/atip-aiprp/req-dem-info-eng.html Requests for personal information that is not the requester's must include signed, recent (less than one year old), written consent from the individual to whom the personal information belongs. In theory it might ...


4

In normal commercial situations there is the principle of freedom of contract where parties are free to contract with whom they choose. As a result of this principle, they are also free to not choose to contract with whom they choose (i.e. refuse to serve someone). There are limits, such as if it could be argued that by doing so contravenes other laws, ...


4

To provide an initial answer, without getting to the specific of the 51 statutory standards for self-defense in U.S. states and the exact Canadian standard, as applied to your examples, I'll make some general observations: Self-defense is a justification for doing something that would otherwise be illegal (intentionally using force against someone else). ...


4

I imagine, under the relevant extradition treaty, US law enforcement would arrest the killer upon request from Canada and extradite them to Canada, where they are then prosecuted by authorities there.


4

Canada would investigate the case, because it is a murder on Canadian ground. Assuming the killer is identified, and is found to be in the USA (citizenship doesn't matter, just the location), Canada will send an extradition request to the USA. Assuming Canada provides enough evidence for a prosecution, and there's nothing unusual like the killer having ...


3

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 entitlements that you would have or will become entitled to for past or future work respectively. Or you may have been injured and want workers' compensation. Or ...


3

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 cannot be directly enforced (where force is used to make a person comply), it requires a court order for actual enforcement. The conditions of a contract might be ...


3

You can be fired in Canada for criticizing the employer, or even complaining about the weather. There is a distinction between Termination Without Cause and Termination With Cause. In the latter case, which requires a serious reason related to the employee's conduct, you can be fired without advance notice and with no severance pay. If the employees actions ...


3

Can a prospective employer require you to pay to take a test as part of an interview? That is unlawful. Section 10 of the BC Employment Standards Act prohibits a person to "request, charge or receive, directly or indirectly, from a person seeking employment a payment for (a) employing or obtaining employment for the person seeking employment". See also ...


3

Is something considered stolen if it possibly could have been lost? Something is considered stolen if it was stolen. You don't have your passport + Someone entered the room where it was ≠ They stole it Can this be brought to small claims court? What damage did you suffer that could be remedied by a monetary settlement? Sure, the landlord entering ...


3

What does "materially different" mean in this case? How different do future sculptures need to be to qualify? There really is no precise set of standards or strict criterion, but the issue has to do with likelihood of confusion. A subsequent sculpture created by your father would qualify as "materially different" unless it renders a reasonable person ...


3

Yes The document is called an invoice and the customer has taken the clothing “on account”. Most businesses of any size outside the retail sector operate this way. Remember that you are effectively lending your customer money. What are the terms of this loan? What are you going to do when/if they don’t pay? You need to deal with this either in your sale ...


3

As the owner of your own computer, you can dispose of it however you see fit (as long as your choice is legal). The courts could, theoretically, force you do do something with your computer, but installing software is not one of the things that the courts are empowered to force you to do. (Mostly, they can force you to turn it over for a search). A company ...


3

Can an employer charge employee/contractor a processing fee for payment? No. The matter depends on whether the person qualifies as employee for purposes of the British Columbia Employment Standards Act. Your description suggests that you meet criterion (b) of the definition of employee insofar as you are (i.e., if you are) "a person an employer allows, ...


3

Can reading a something mean agree to to a contract? Just reading — no. Reading and acting as if you have agreed — yes. This is called "acceptance through conduct". I had an employer deduct a small fee to process my payment, they argued that they were allowed to because it stated they would on the website I had to use for the job. Does this even form a ...


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