Hot answers tagged

9

Small claims court was created for such matters. There is the possibility of a fee waiver, and if you prevail, you could get some of your costs covered (though there are other hoops to jump through if you need enforcement). A formal letter (written by you) stating that you intend to seek a legal judgment against him/her in the amount owed might be sufficient ...


5

If it looks like a gift and sounds like a gift and there is no evidence that it should not be considered a gift, well, what else could it be? Given the value of a house and depending on jurisdiction, there may be a gift tax involved. This is normally an obligation placed on the giver, not the receiver. It is unlikely to be a concern to you but a separate ...


4

But I don't see how it is connected, because there is no domestic violence, no child custody One does not need to be violent to violate an agreement. There was an agreement to resolve the situation with the house. You ex did not honour it. You can ask the court to convince him to honour it through a motion for enforcement. It's that simple.


3

Usually, your landlord is going to deduct this from your security deposit rather than invoice you for it. As a practical matter, your options to dispute the charges are generally going to be excessively expensive relative to a $40 charge to make it worth fighting, particularly if you don't have contemporaneous evidence that is indisputable like photos that ...


3

This is a matter of tradition and common practice. The reputed purpose is to make sure that all of the facts sworn to are really in front of the person swearing to them and not just swapped out by changes in the claim after the document is sworn to, but it is a bit pedantic. Often legal requirements are like that.


3

It is generally legal for a business to ask, but it is not legal for a business to insist that you provide it as a condition of providing goods and services unless a law requires that the SIN be provided. As explained by the relevant Canadian government website: While there is no law barring businesses from asking for the SIN where there is no legal ...


3

From the Ontario handbook At any intersection where you want to turn left or right, you must yield the right-of-way. If you are turning left, you must wait for approaching traffic to pass or turn and for pedestrians in or approaching your path to cross. If you are turning right, you must wait for pedestrians to cross if they are in or approaching your ...


3

One of the principles of contract law is that the offer and acceptance are evaluated based on the objectively ascertainable intentions as judged by a reasonable person. On the facts that you have provided - even if your friend claims that they filled it out wrong, there is no reason for someone to objectively think so, particularly given the fact that they ...


3

I don't believe Canada uses the public official/figure distinction. American defamation law uses the distinction to determine whether to require proof of actual malice, but Canada does not require proof of actual malice. Canadian defamation law has a lot of other parallels to American defamation law, though, especially in terms of privilege. I'd expect the ...


3

The usual default rule is that a purchaser is bound to honor a lease on the same terms as the previous owner, and that purchase agreements are subject to existing valid leases. However, the Ontario Residential Tenancies Act, 2006 (S.o. 2006, chapter 17) section 49 (2) says: If a landlord who is an owner as defined in clause (a) or (b) of the definition ...


3

The first question would be whether you are an employee, or an independent contractor. There is more to that determination than how the company labels you, but that is a starting point. Based on the minimal autonomy that you imply that you have, you would probably be found to be an employee. Then there are limits on the number of hours that you can work in a ...


3

In Canada can employer force employees not to discuss wage? No. That would violate Section 74(1) of the Employment Standards Act, 2000: No employer or person acting on behalf of an employer shall intimidate, dismiss or otherwise penalize an employee or threaten to do so, (a) because the employee, (v.2) discloses the employee’s rate of pay ...


2

TL;DR: Through precedent, volunteers are protected from discrimination under the Ontario Human Rights Code. A decision made by the Human Rights Tribunal found that volunteer employment can be considered employment under the Human Rights Code. ————————— Section 5(1) of the Ontario Human Rights Code forbids any discrimination in employment that arise from ...


2

If the victim is unable to prove who the culprit was, then it will be impossible to prosecute that person criminally or sue them for civil damages. Incidents like these are rarely enough to cause a police department to throw sufficient investigative resources at it to crack the case without some reason to believe that it is part of something bigger. An ...


2

Through small claims court you can recover damages in the amount of the money actually owed to you plus the costs to recover that money. Items 1-3 in your list probably fall into that category. Per point 4: In some jurisdictions, one can also claim reasonable compensation for their time spent pursuing the claim. The dollar-value-per-hour and total amount ...


2

The Copyright Act 13(3) says Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright ...


2

U-Turns are legal in Ontario, but Ontario Highway Traffic Act does not clearly indicate who has the right of way, u-turners or right turn on red. However, in the Ontario Insurance Act, R.R.O. 1990, Reg. 668: FAULT DETERMINATION RULES, paragraph 19 states The driver of automobile “A” is 100 per cent at fault and the driver of automobile “B” is not at ...


2

Generally speaking, no special paperwork is required for an American to own shares in a Canadian corporation.


2

Disbursements are 'the funds paid out by the lawyer for expenses incurred in the lawsuit, such as the costs of typed transcripts and the fees charged by expert witnesses': Irwin Law, Canadian Online Legal Dictionary, definition of 'disbursements.' For an international perspective, see the Wikipedia article on disbursements. The term fee does not necessarily ...


2

It isn't The lawyers are probably using a standard form as a starting point for the defence and missed the inconsistency. By the way, it doesn't say he is the sole (or indeed "an") employee, however, as director he has ostensible authority to bind the company.


2

Yes, 3 is strictly better but it may not be possible The plaintiff may not know who all (or any) of the partners are or they may be impossible to serve (e.g. they all live incommunicado in Amazonia). That leaves suing the firm as the only option. The plaintiff may not know they are dealing with a firm - they only know they are dealing with John Smith, so ...


2

The Ontario Residential Tenancies Act says that: 64 (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex ...


2

Yes, DNA found on drugs could be used as evidence in court, although, by itself, it might not be sufficient to support a conviction. Generally speaking, otherwise duly authenticated physical evidence is admissible when it is "relevant" and it is is "relevant" when it makes it more likely that an element of the crime (in this case, possession) is true than ...


2

ErikF's answer already covers the rules about entering a rented apartment after notice has been given. I'll try to answer the other question. Do we need to listen to the tenants' request or do we have the right to continue communicating with them via email? I don't think there is an explicit law about this in Canada, but in general neither side has the ...


2

Looking at the Residential Tenancies Act, 2006, S.O. 2006, c. 17, there are a couple of possibilities: If the tenancy is being terminated or notice has been given (s. 26(3)), you can enter without written notice between 8 A.M.-8 P.M. as long as you "inform[] and make[] a reasonable effort to inform the tenant of the intention to do so." Otherwise (s. 27(1)),...


2

What you can do is covered by the Residential Tenancies Act, esp. part 3. The tenant is not totally free of responsibilities: "The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it". The act enumerates allowed terminations of a lease for cause, and while ...


2

I presume you were given cash with the intent that you buy a condo, which you did. There is no gift tax on cash, and you were given cash. There are theoretically ways in which an apparent gift isn't one (the giver is incompetent – perhaps they are not legally allowed to give the money away, or did not intend to transfer all rights, or did not transfer ...


2

If a person with ostensible authority to bind the corporation does so then the corporation is bound. If that person lacks the actual authority that is a matter between them and the corporation: it cannot be used as grounds to invalidate the contract with a third party. You can see why it has to be that way because otherwise, every time you wanted to buy ...


2

Default judgment is the procedure for dealing with defendants who completely fail to engage with the court. The court assumes that such defendants have no meritorious defence, and therefore that the entry of judgment will end the proceedings and allow the plaintiff to begin enforcement. If the assumption turns out to be wrong, there is a good chance that the ...


Only top voted, non community-wiki answers of a minimum length are eligible