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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 ...


8

It's YOUR fence Since your fence is entirely on your property, it is definitely your fence. There's no question of that. It's not a joint fence. It's yours. Remove the fence! Since the fence impedes your access to your own land, simply remove it. Now, your neighbor isn't going to be happy at all about that. Your neighbor gets a lot of benefit from your ...


6

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 ...


5

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 ...


5

You're only required to show up for a settlement conference. You're not required to do or say anything at the conference. Nothing you say or do or fail to say or do can be used at trial, and every that happens there is kept strictly confidential. The judge is there just to give advice to both parties and for procedural reasons. The judge will not order ...


5

Each case is decided on its own facts I know you want a clear answer to where the bright line between illegality and legality but there simply isn’t one. The reason you feel there is a “legal grey area” is because there’s a legal gray area. The way the common law works is that there are some acts and omissions that are clearly crimes/torts/breach of contract,...


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.


4

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 ...


4

Overtime pay in Ontario is required by the Employment Standards Act (ESA). Most employees are entitled to "time and a half" if they work more than 44 hours in a single week. According to this Ontario Government web page For most employees, whether they work full-time, part-time, are students, temporary help agency assignment employees, or casual ...


4

Your neighbor can restrict your access to her property, but that's about it. So long as you're able to access the 2-foot wide strip from your own land or from public land, your neighbor has no means to restrict you from accessing your own property. The only way this could work for her is if that strip of land is only accessible from her property (like if ...


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

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

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

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 of “...


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

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

No The Bankruptcy Trustee sold the assets of Barrymore - the liabilities (including your unproven debt) remains with Barrymore. Think of it this way - if I buy your car today, I'm not responsible for the guy you ran over last week. When all the assets of Barrymore have been liquidated the trustee will pay the creditors in the priority laid out in the ...


3

Yes, your clause specifically limits you to only working for COMPANY, even in your off time. Canada does not have a law protecting your right to work secondary jobs (moonlighting) in your off-duty hours. This means that any contract clause specifically limiting you to work with the employer only is valid, and breaking it is cause for justified dismissal. ...


3

This is likely to be a matter of policy rather than law That is, it’s not likely there is a law prohibiting it but it is highly likely that the person’s training and their employer’s policy on the matter is that they must complete a ticket once they start it. It’s a pretty universal anti-corruption measure - it prevents the situation where they are writing ...


3

Your neighbor, if the fence is in place for a sufficiently long period of time, could claim title to the land on their side of the fence under the doctrine of adverse possession. Generally speaking, to establish an adverse possession claim one must show that for a period of ten years prior to the present (tacking time periods of prior owners of the ...


2

Any municipality is fine In addition, they could get married in a different province and it would be a valid marriage in Ontario. They could also get married in a different country with which Canada has agreed to honour their marriages (i.e. most of them) unless they offend Canadian law (e.g. bigamy, child marriage etc.)


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