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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, ...


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 ...


7

I am an Ontario-licensed lawyer. The following is a general information about the law and not specific legal advice. You are not my client and I have not given you advice related to your circumstances. First, even when you ask a generic question, define the jurisdiction of interest. For the purpose of your question, Canada is a collection of different ...


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

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 ...


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

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

The advice provided here by @patrick87 is completely WRONG and full of assumptions, so is not useful. Especially in the context of rental payments, a landlord is legally obliged to give you receipts upon request. It is illegal for them to refuse. And you can ask for receipts retroactively. If the landlord refuses, to resolve this would probably require you ...


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

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

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 ...


3

You are probably entitled to the $100 (more or less) They breached the contract and you are entitled to damages (what it cost you) for dealing with their breach if they are unable or unwilling to remedy their breach. This would include the reasonable cost of your disposing of the unwanted mattress plus or minus any difference in the price from you sourcing ...


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 ...


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

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

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

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 ...


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