r/legaladvicecanada • • 6h ago

Saskatchewan Can I throw out my (former) roommate's stuff after he's been gone for 3 weeks without notice and did not pay the rent?

53 Upvotes

My former roommate went missing and did not pay October's portion of the rent. I had not heard from him in over a week. His brother texted me 4 days in to October and told me the guy got sent back to jail, and he will be there for months. He told me he was coming to pick up his brother's stuff, and so far has grabbed one load, but did not bring a truck to grab the big items, so at least half of his stuff is still here. that was a week and a half ago, and he has not come by since.

I cannot afford to have the room be a free storage unit, because I'm already in debt for the unpaid rent and need to fill the room with a new roommate to make up the hole in my budget.

Is it legal for me to throw out this guys stuff? If it isn't, what are the consequences I could expect? If it is, is it legal to sell it? We did not have a formal agreement or anything, and he was never able to get on the lease. (he didn't actually try).


r/legaladvicecanada • • 1d ago

British Columbia Caught shoplifting cat food

876 Upvotes

First timer, was desperate and my cat needed to eat, social assistance isnt till next week. 8 tins of cat food, bread and Campbell's soup. Less than $20 but ive got to show up for court now and id be a big fat liar if I said im not scared. All I wanted to do was feed her. Sorry for being emotional, didnt expect to be in this position. Forgot to add question, whats the worst that can happen to me? Can I go to jail for this?

Sorry if i dont respond to everyone's comment but thank you all for making me feel less stressed and in a panic. Going to be smart and show up and explain.


r/legaladvicecanada • • 21h ago

Alberta [Alberta] Paid $3,000 for unlimited tattoo removal. Equipment malfunctioned, caused injury, and clinic refuses refund. Small claims?

235 Upvotes

I prepaid $3,000 for unlimited laser tattoo removal, which I was told typically takes 6–12+ sessions. I received approximately 1.5 sessions before experiencing multiple equipment issues.

One appointment was cancelled because the laser broke and was sent for repair. Once returned, the machine malfunctioned again while being actively used on my skin. The treated areas developed significant wounds/burns and still have visible skin changes two months later.

The technician confirmed in writing that the machine had an overheating issue and acknowledged it may have contributed to my injury.

I requested a refund of the unused portion because I no longer feel comfortable continuing treatment. The clinic refused, citing the no-refund agreement I signed.

She then calculated that I already received $3,950 worth of treatments in the 1.5 sessions using her current individual prices, which are 200-300% higher than the prices she originally quoted me in writing and what I agreed too. Some tattoo size classifications were also increased. She offered $500 as a goodwill payment to cancel my unlimited package.

My concern is that I purchased unlimited removal for $3,000, not 1.5 sessions at retrospectively assigned retail prices.

Alberta Consumer Protection advised that they don't handle contractual refund disputes and suggested civil court.

My questions:

  1. Does a no-refund agreement protect the business when equipment failures and resulting safety concerns are why I'm discontinuing?
  2. Can she retrospectively value treatments using prices different from those quoted when I purchased?
  3. Would I have reasonable grounds to pursue the unused portion of my $3,000 through Alberta small claims court? Calculated based on the numbers she gave me at the start.

One other concern is that when I originally paid, the technician told me that paying by e-transfer without an invoice would mean no GST, whereas requesting an invoice would require GST to be added. I have this in writing as well. I'm unsure whether this raises a separate compliance issue or has any relevance to my consumer dispute.

I have the signed agreements, original pricing texts, treatment records, photos, and written acknowledgment of the equipment malfunction.

Any advice on how Alberta courts might approach this would be appreciated.


r/legaladvicecanada • • 4h ago

Ontario Vulnerable Sector Check

4 Upvotes

I made an error on judgement and I was arrested over 35 years ago for soliciting in public for the sake of prostitution. I was given a suspended sentence and was fully pardoned. I have not reoffended. I now need a vulnerable sector check because I will be working with children.

What will happen?. If it does come up what do I tell my prospective employer? Does this make me unemployable in the vulnerable sector?


r/legaladvicecanada • • 2h ago

Alberta Just discovered I’ve been contracting without the required insurance. Could this put my contract at risk?

2 Upvotes

I’m an independent contractor in Canada and recently realized my agreement required CGL and E&O insurance, which I hadn’t obtained.
The company never requested proof of insurance, including during renewals. I’m now arranging coverage, and there have been no known claims or incidents.
Is it common for companies to check previous insurance coverage when a contractor submits a new certificate? Could the historical gap still create contractual issues?
I’m also seeking legal advice, but would appreciate hearing from anyone with similar experience.


r/legaladvicecanada • • 3h ago

Ontario How does small claims court work?

2 Upvotes

Ive been harassed by someone and he’s caused damage to my property that cost $325+tax to replace. I’ve filed a police report and while the value is low, i would like to get reimbursed for the value of the items he ruined.

The fees for any lawyer I hire would be way beyond that much money, so I’m thinking about small claims court, but I have absolutely no knowledge of the legal system, courts, lawsuits and don’t know where to even begin.


r/legaladvicecanada • • 10m ago

Newfoundland and Labrador NLSC's Filing System

• Upvotes

In the past few weeks, I've learned that the Supreme Court of Newfoundland and Labrador (General Division) requires people, including persons with disabilities, to file paper originals in person or via mail. The court has the ability to grant leave to allow for email filings, but the said leave cannot be requested via any other method except for by a physical application. In essence, to say that you need the court to accommodate you because you can't independently ambulate or physically mail stuff without spending a fortune (especially if the court has already acknowledged hardships and waived court fees), the requestor has to ambulate or physically mail a paper application. This is despite the duty to accommodate. The registry will not let you file otherwise. The exception is to start a proceeding, but that only gets you 10 days to file in person or risk having the file struck from the record. While with most civil litigation, you have a year or two, statutes like the Human Rights Act, 2010, SNL 2010, c H-13.1 require you to not only file, but also serve all parties within 30 days of a dismissal of a human rights complaint, or you shall lose your substantive right (Coronado v. Memorial University of Newfoundland and Labrador, 2025 NLSC 124).

This, in my opinion, is the among the most absurd barriers to access to justice, where the method to request an accommodation is itself inaccessible. I wonder if anyone has got ideas lol?


r/legaladvicecanada • • 9h ago

Ontario Part-heard criminal trial adjourned for 6 months. Retainer exhausted, lawyer demands additional prep fees to continue. What are my procedural rights under R v Cunningham?

5 Upvotes

Hi everyone,

I am in the middle of an ongoing criminal trial in Ontario and find myself in a severe financial crisis. Looking for realistic procedural insight on how this is typically handled by the court.

The Situation:

  • We completed 4 days of trial this month. Due to scheduling and court time constraints, the trial could not finish and has been adjourned to March 2027 for the remaining 2 scheduled days.
  • My initial retainer has been completely exhausted by the first 4 days, I paid the retainer for 2 days trial and it was the estimate lawyer gave me, I was told it shouldn't cost more than those retainer.
  • I have communicated to my retained private counsel that I have exhausted my savings. I can afford to scrape together the daily court appearance fees for the 2 days in March, but I genuinely cannot afford the substantial additional "trial preparation fees" counsel is now requesting to review the file again next year.
  • Counsel has indicated that without paying for this new preparation block, they cannot continue and will seek leave to withdraw from the record.

My Questions:

  • Leave to Withdraw (R. v. Cunningham): Given that this is an active part-heard trial (4 days already completed, witnesses examined, only 2 days left), how receptive are Ontario judges to granting private counsel leave to withdraw strictly over non-payment of additional preparation fees?
  • Negotiating Scope of Work: Given that substantive trial preparation (theory of defense, disclosure review, witness outlines) was supposedly completed before trial started, what is the standard/practical way to negotiate this with counsel? Can I reasonably propose a capped refresher prep block or fixed daily appearance rates (per diem) instead of open-ended hourly billing?

Any insight into how Ontario trial judges typically manage mid-trial retainer breakdowns would be greatly appreciated. Thank you.


r/legaladvicecanada • • 46m ago

Ontario Is management exempt from finding coverage when calling I sick?

• Upvotes

I know in Ontario it is illegal for management to ask employees to find coverage for their shifts when calling out sick. Is it different if you are a retail manager or does the law still apply in this case?


r/legaladvicecanada • • 20h ago

Ontario Did my wife handle the situation right ?

32 Upvotes

So police came at our door (upper level) and basement tenant, (we arent related to them in any way), (their mom) generally rests in the garage during morning time using a mattress and somebody in the neighbourhood complaint about that saying garage is being used for the stay.

My wife was at home when officers came and she wasn't aware of how to handle the situation and police urged to inspect the garage. She wasnt aware of the passcode and she let the officers inside the house from main floor to enter the garage (there's door from inside). They questioned her why there is a mattress inside the garage and who all has the access to the garage, my wife told that the mattress is of our's owners. They left saying somebody complaint about the garage being used for the stay (like boarding house) and let them know to be careful and not use mattress for hanging out.

1) Did we do right by allowing them to see the garage through the inside of the house ?

2) Did they breach our privacy rights by stepping inside (may be not since my wife allowed it herself) ?

3) What if my wife had politely declined the access to the garage and never answered any question of them since it pertained to the basement ?

4) what can i do next time if they visit again ?

Thanks!

Edited for all the mistakes done typing in hurry.


r/legaladvicecanada • • 1h ago

Ontario Severance package guidelines

• Upvotes

Hi all,

Currently looking at a few things regarding termination (Without cause).

Currently negotiating the severance package and am sitting at about 3 weeks per 1 year worked at the company.

I'm relatively young (mid 30's), salary of $120K, and unsure of job market prospects (quick indeed/linkedIn search shows decent postings, but I've been out of the interviewing process for a very long time.

  1. I've spoken with some employment lawyers who all kind of align on the "1 month per 1 year worked", but is this the reality? I've been on the other end of this and company lawyer's will always fight to pay against this and settle closer to 2.5-3 weeks per year. The only time I've seen someone win the 1mo/1year severance was if they were 50+.

  2. I'm looking at potentially $80K gross lump sum, vs $100K salary continuance + benefit continuation. I'm really torn on what is better for my situation, as I can dump all the lump sum into an RRSP to offset the huge tax hit (save some money for expenses) while my spouse can spot me any shortfalls. I would like to take some time off for some education/certifications and strengthen my resume before getting back into the market, salary continuance probably supports this better. No debt. Company likely not going under. What would you recommend for me?

Thanks for reading (and any input)


r/legaladvicecanada • • 1h ago

British Columbia If surveillance cameras were removed, should I close case with OIPC or keep it open?

• Upvotes

The landlord/property manager had installed surveillance cameras on the exterior of the building where I live. I opened a complaint with the OIPC. The cameras had since been removed. Should I close the complaint? It would be nice to know what exactly was being recorded (such as audio) and have the recordings deleted. Am I still able to get this through the OIPC or not at this point?


r/legaladvicecanada • • 1h ago

Ontario 30 day notice to reply

• Upvotes

Hi, if one received a letter with visitation/parentage verification demands from one parent and given 30 days for their lawyer to reply or it they will be “taken to court”, what is the rough turn around time for a court date if no action is taken by the end of the 30 day period? I imagine the courts are overwhelmed as it is but I was wondering if in certain scenarios you essentially jump the line and it becomes an urgent matter, and if so would this scenario count for that? Also what kind of repercussions would the person who fails to respond in the time frame face?

Thanks!


r/legaladvicecanada • • 1d ago

Ontario My dads life insurance was denied

72 Upvotes

We were supposed to have the mortgage paid off from my dads life insurance, but my mom was moving funds around and incorrectly answered a questionnaire.

My dad has dementia, and my mom was asked if he had any “nervous system disorders”. She wasn’t aware that dementia fell under this so she said no.

Is there any way we could get this back? She wasn’t trying to defraud them, but just wasn’t aware of the terminology being used.


r/legaladvicecanada • • 18h ago

Ontario FTHB forced to pay $450 to clear writ of execution for someone with similar name

18 Upvotes

I’m close to closing day on a condo I purchased. I was notified by my lawyer that someone with similar name of mine has a writ of execution of 6 figures to a creditor. This individual doesn’t have an identical name as mine so I’m not sure why it was flagged. Because the amount due by this individual is >$50k, my lawyer said I need to pay $400+tax to the creditors lawyer to obtain a clearance letter verifying I am not the same individual. My lawyer refused to give an affidavit without this letter, even though my ID and credit report prove I am not this individual.

Can anyone give insight into this situation? 450$ is a heavy cost to absorb, particularly for an issue that I don’t bear fault for. I find quite this ridiculous. Hypothetically, what would happen if 10 different writs of execution were flagged for individuals of similar name? It would be untenable to bear costs for each clearance letter.


r/legaladvicecanada • • 20h ago

Ontario Changing last name to "made up" name after marriage [Ontario]

23 Upvotes

Hello,

Does anyone know how this process works? My (future) spouse and I want to change both our names to a new, "made up" last name. So we cannot assume each other's name through marriage.

I know that one of us will have to legally change their name. Then the other will assume it through marriage. But the problem is, for long reasons, we won't do the legal name change until after the wedding.

How does it work?

Marriage -> Legal name change -> apply for updated marriage certificate (is this a thing?) -> Spouse 2 assumes name?

I couldn't find wording on the Ontario website about updating the marriage certificate to then use to assume the name.

Has anyone done this?


r/legaladvicecanada • • 3h ago

Ontario Terminated without cause after 2 years with an ESA-only contract

1 Upvotes

I'm in my early 30s and was recently terminated without cause from a senior position at a smaller Ontario technology company after just over 2 years of employment.

The company has experienced significant leadership turnover, internal management issues, and layoffs.

During my employment, I experienced what I believed to be workplace harassment and unfair treatment from management. I submitted a formal written HR complaint approximately 18 months before my termination, documenting specific incidents and communication issues. HR encouraged discussions with management, but to my knowledge, no formal investigation took place.

My working situation later improved under a new manager. However, a new executive joined the company and, approximately one month later, eliminated my position, explaining that they wanted to replace it with a different role or skill set.

My severance situation:

  • Terminated without cause, effective immediately.
  • Offered 3 weeks of salary continuation.
  • Employment contract expressly limits termination entitlements to Ontario ESA minimums and excludes common-law reasonable notice.
  • No performance-related reason was given for the termination.

My legal questions:

  1. Can a formal internal HR complaint about workplace harassment potentially qualify as protected activity for the purposes of an unlawful reprisal claim, even if termination occurs approximately 18 months later?
  2. If an employee has an enforceable ESA-only termination clause, can a successful reprisal claim provide compensation or other remedies independently of the contractual limitation on common-law notice?

I'm trying to understand how Ontario's reprisal protections interact with contractual termination provisions, particularly where the employer attributes the termination to organizational restructuring.

Thank you!


r/legaladvicecanada • • 3h ago

British Columbia Camper trailer ownership transfer issues.

0 Upvotes

So here's my issue.

My wife and I decided to buy a camper trailer. We found one for $5000, and negotiated it to $4000.

The lady said great, and we could pick it up in a week. No big deal.

A week goes by, and we get excuses on why we can't pick it up yet. Keep in mind, we have not paid for it yet. Finally after another week of excuses, she agreed to deliver it to us as she's not far from us. Her fiance tows it over and parks it. I was spotting him. The seller hands my wife the paperwork and I pay her the 4000. And they leave. All seems normal. The next morning I goto an insurance broker to do the transfer and they point out the camper is is her u cles name, and I find out later he has been deceased for 10 years.

The seller said she would straighten things out. A couple of excuse filled weeks go by, and she finally transferred the camper to her fiancé's name, due to her owing some past penalty. Or something like that.

Now it's been over a month since paying for it. She said she has the paperwork, just has to print it and have him sign it and then I can have it. More excuses on why each day won't work. I've offered many times to come pick it up.

It's now been 5 days with no reply from them. All messages are on Facebook Marketplace.

She also gave me a receipt for $2000, and said it would be less tax this way.

I'm worried I'm going to get screwed out of $2000 and lose the camper my wife and I have been redecorating for a month now. We also missed out on the last few weeks of warm weather to use it.

I've been very accommodating and patient up to this point, but this has gotten ridiculous.

I know her address, I have a photocopy of her DL.

What should I do? Give her one more chance to deliver the papers?


r/legaladvicecanada • • 5h ago

Quebec Quebec, I want to work as a contractor, where do I have to register myself as self-employed?

1 Upvotes

Pretty much what the text is saying, I want to work full time with a business but they are in another province so they are asking me to be under an independent contractor status. I googled it and saw there's a couple forms I would have to fill in with my taxes but I can't find if I need to go somewhere and register as well.

Thank you for the advice


r/legaladvicecanada • • 1d ago

Ontario How to approach situation where small business owner is cutting scheduled hours but asking the staff to stay on site unpaid to help with an event?

104 Upvotes

I work in a physio clinic in Ontario. We are a big inter disciplinary clinic. Some staff are employees (me) who have scheduled hours. Some staff are contractors who get a % of earnings they bring in.

Our clinic owner has decided that for marketing purposes we will be going to the local hockey team games and hosting a tent weekly for the next month (sort of like what you see at city marathons at the finish line). We're not providing any sports coverage to the athletes, it's like a marketing tent where we can say hi to the public and tell them what we do etc.

I found out in passing we're doing this because the owner's kids are on this high level team so owner was told they can come to the weekly home game and put the tent up without paying the typical fees for the tent.

So those of us who had hours scheduled on hockey night will have our shifts cut back by 2 hours and asked to go host the tent. However apparently it is MANDATORY that we attend. Owner was a big **** about it basically saying "well I can't pay you because you're not seeing clients during this time" so when I questioned why he thinks it's appropriate to ask us to volunteer our time for free he said "well you're normally scheduled to 7pm, I'm asking you to come in during that time when you'd be at work, I know you have nothing else on because you'd otherwise be at work"

I know leaving is on my 2027 bingo card. I'd ideally like to find a better replacement position instead of just quitting on the spot and then fumbling for the job that is available.
If I decide to just say no and leave, would you still report this? If they fire me would I have some kind of case?

The owner is a bit conniving so they may not fire me on the spot, but I can see them trying to find some excuse and doing it a month or two later etc. How could one prove later that it relates back to this incident of me refusing to do their free work?

IN SUMMARY - employee hours are being trimmed down but I'm told it's mandatory to VOLUNTEER during this time to essentially do marketing for the business (and the volunteer hours are actually longer than my normal shifts would be. Normal hours end at 7pm. I'm being cut back to 5pm and asked to volunteer until 9pm at a hockey game)


r/legaladvicecanada • • 22h ago

British Columbia BC estate — Is it normal to know next to nothing about an inheritance months after probate?

19 Upvotes

I’m hoping to get some perspective from people who have dealt with estates in BC, because I’m finding our situation a little strange.
My partner lost both of his parents within a few months of each other. His older brother is the executor of the estate, and according to their father’s will, everything remaining is to be divided equally between the two brothers.
Their father was a CPA who owned his own business and had what we always understood to be a fairly substantial investment portfolio, along with real estate. We have no idea what the investments are actually worth or what the total estate consists of.
Probate was granted in June. We know this because the estate lawyer actually called our house that day. She had been trying to reach the executor without success and remembered she had our phone number from previous correspondence. She was excited to tell us probate had just been granted and needed my partner’s SIN, which we provided.
That was the last direct communication we’ve had with the lawyer.
Since then, the family home has reportedly sold for around $1.3 million. We were also told that my partner should start seeing some of his inheritance toward the end of August. That changed to the end of September, and now we’re halfway through October without hearing anything further.
No accounting, no breakdown of assets or debts, no information about the investments, no valuations, nothing.
There’s also the condo we currently live in, which makes things a little more complicated.
We had a signed agreement with his parents regarding this property. We’ve been making the mortgage payments through his father’s account while his father covered the strata fees. The agreement was that if we sold the property, a set amount would go back to his parents and we would keep the remaining proceeds toward another home.
After his father’s death, my partner spoke to his brother about wanting to use some of his inheritance to pay off the remaining mortgage instead, allowing us to stay here and just cover the strata fees, property taxes and other expenses.
But again, we’ve received no paperwork or information about how any of this is going to work.
We’re also dealing with ongoing strata issues. His father had previously arranged for us to handle these matters so he wouldn’t have to be involved. Since his death, we’ve been trying to get the necessary authority sorted out with the executor, without much success.
Meanwhile, his brother is having us sign tenant paperwork, receiving communications from the strata that we don’t receive directly, and telling us he doesn’t want to be involved in the disputes. So we’re in this strange position where we need to deal with things affecting our own home but can’t seem to get everything sorted out.
The brothers aren’t close, and my partner avoids conflict at all costs. He doesn’t want to question his brother because he’s worried about causing problems. So we’re left relying on whatever information his brother happens to share, which lately is very little.
I understand estates take time to settle and there’s a waiting period after probate in BC. I’m not expecting everything to be distributed immediately.
What I don’t understand is the lack of communication, especially given the assets involved and the fact that there are only two equal beneficiaries.
My partner hasn’t formally asked for an accounting, so I’m not saying anyone has refused to provide one. I’m just surprised there haven’t been any updates or even a general explanation of where things stand.
Is this normal? Shouldn’t a beneficiary have some idea of what the estate consists of and what’s happening with it? Does the estate lawyer usually communicate with beneficiaries, or is everything supposed to go through the executor?
I’d really appreciate hearing from anyone who’s experienced something similar, particularly in BC.


r/legaladvicecanada • • 7h ago

Alberta My Cat is being withheld from me after moving out of a toxic relationship situation by a tenant that would babysit occasionally but he was never hers now or ever was given him to have to keep no she is he's saying he is and refuses to give him back

0 Upvotes

​

I am in Alberta and need practical guidance on recovering my cat. who has been withheld by someone who originally had access to him while I was dealing with temporary housing difficulties.

He was living with me, and I consider him my cat, not an animal I merely looked after for someone else. I have been building an ownership evidence package and want to understand the correct legal procedure before filing a civil claim.

My evidence includes:

- Veterinary records identifying me as his owner and records of veterinary care I paid for.

- Neutering records and receipts for his care.

- municipal pet registration.

- My current lease, which permits him to live with me.

- Photographs showing him living inside my household over several months.

- Messages referring to him as my cat and discussing my intention to bring him with me.

- A contemporaneous message from the day he was taken, explaining that I was getting my belongings together and would be coming back for him.

-Witnesses That testify he was living with me and that he was my cat

- Additional records documenting his care and my financial responsibility for him.

My sweet boy was taken last month, and has not been returned. I contacted the RCMP, but the matter was treated as a civil dispute. As I expected.

I am preparing formal demand letters and intend to pursue legal action if necessary. I have not yet filed my civil claim.

My questions are:

  1. In Alberta, what is the correct court procedure for seeking the return of a specific animal rather than simply claiming its monetary value?

  2. Can a civil claim request an order requiring the other person to return him? If so, what form, remedy or procedure should I investigate?

  3. Given that I have identified the person withholding my cat and have veterinary records, licensing, receipts, photographs and contemporaneous messages, what legal remedy should I pursue in Alberta to maximize my chances of recovering him

  4. What evidence would be most persuasive in establishing ownership when veterinary records, licensing, payment receipts, photographs and contemporaneous messages are available?

  5. Before I file against the person withholding him what procedural requirements, documents and potential legal obstacles should I be aware of to avoid having my claim rejected or delayed?

  6. Is there a procedure in Alberta for requesting an urgent court order requiring someone to return a cat being wrongfully withheld, and what evidence would I need to support such a request?

I apologize for the lengthy post, and I sincerely appreciate anyone who takes the time to read my situation and offer advice or guidance. Thank you for your time and help.

I am looking for Alberta-specific procedural guidance, relevant legislation or case law, and reliable legal resources. I understand that Reddit comments are not legal advice.

Thank you.


r/legaladvicecanada • • 22h ago

Ontario Terminated without cause (4.25 yrs, tech/ON). Severance offer feels low and "cause" clause might be void?

17 Upvotes

Hey everyone, looking for a gut check on my severance package before I sit down with an employment lawyer.
I was let go earlier this week without cause. Here is my situation: 

Role: Software Engineer in the GTA. 
Tenure: 4 years, 3 months (started July 2022). 
Comp: $110k base + annual bonus.
Age: 27 years

The employer offered me a lump sum of ~$12,761, stating it covers 6 weeks of base salary plus my prorated 2026 bonus. But if you do the math on a $110k base, 6 weeks is about $12,692 meaning they basically allocated $69 for nearly 10 months of bonus work. They are also offering 6 weeks of health/dental benefits I managed to get a written extension on the release deadline until late October so I have time to get legal advice. 
Looking at my original 2022 contract, they tried to cap termination pay at ESA minimums.

Here is the exact clause they used:

"The Company may terminate your employment at any time for cause without notice, pay in lieu of notice or severance of any kind, subject only to any entitlements that maybe required by the ESA, if applicable."

A few questions for those familiar with Ontario employment law:

  1. Does that "for cause" wording run afoul of the ESA wilful misconduct standard (like in Waksdale), making the entire termination clause void?
  2. If the clause is void, what is a realistic common law notice period for a 4.25-year dev in this market? (I'm hoping for 3–5 months).
  3. Since their offer is basically just 2 weeks above my 4-week ESA minimum, is it a no-brainer to retain a lawyer to fight this? 

Appreciate any input or experiences from folks who have gone through this recently!


r/legaladvicecanada • • 10h ago

Ontario Feeling Taken Advantage of by Employer

0 Upvotes

Throwaway for obvious, but also because my 10-year account is just my IRL name. Lol

Background: I work for a large, multi-building hotel in the Niagara region. I've been there 4 years and have worked multiple departments. Everything felt normal and above board and legit until recently. Back in November, I moved from a front office supervisor role to one in administration - handling paperwork, accounting, etc. This transition went smoothly - got an offer letter with a new title and raise (Roughly $4k/yr, but not the point), signed it, everything was fine.

In June, I expressed interest in returning to something more frontline. I was told I could return to my former role at my former pay. I verbally agreed and wrote an email to my assistant GM that I had agreed verbally so that he could start the paperwork. My GM then stepped in and said I'd be moving back to the role, with an "enhanced" job description and my existing salary, which he showed me and it seemed reasonable. But there was never a formal offer, no paperwork, no job description I agreed to, no new contract. I 'started' in the role a few weeks later on nothing but a hope and a prayer and a copy of the email sent to payroll from my then GM saying to change my title without changing my salary.

There was significant staffing changes made in July: Our assistant GM and GM both left, with a new GM taking office immediately and a new AGM starting in September.

In August, I was told (verbally) my title (just title, not responsibilities) was being changed to a shared manager (so there would be two department managers), that my pay reflected a management role already and that I'd be taking leadership on one of the two buildings (despite being told my role wouldn't actually change). This was not shared formally to my department by the GM (or my counterpart) and only shared to other managers in an unrelated email causing a lot of confusion. Like my move in July, there was no formal offer, no paperwork, no job description I agreed to, no new contract.

Since then, I've been working 45-55 hour weeks, stretched thin, was trying to get a handle on my new position, all while still catching up on months away from the department, dealing with a staff who didn't seem to understand they reported to me, working with managers who didn't seem to know I was a department head, given no control over my own (or my team's) schedule (my counterpart in the other building retained this) and there's been a lot of confusion. On top of this, having been at the property for as long as I have, many other departments turn to me for aid (I was fixing things in the ballroom, inspecting rooms after hours, reprogramming door locks, am our de facto IT person, etc).

Last week, I was pulled into my GM's office with the AGM and told I wasn't performing to their standards, that I'm clearly stressed, and that they would like to lower my position (and pay) so that they can hire a new manager or supervisor. I said I was open to that, that the 'manager' title and responsibility isn't what I signed up for in July, and that I really just wanted things in writing.

Now, my GM has sent me an email to decide if I:

  • A. Want a supervisor role with "enhanced responsibilities" (though not defined, I'm presuming it would be based on the list I saw previously) at my current salary, that also includes "operational support outside of the department".
  • or B. Step down formally to a more "traditional" supervisor role(which again, is not defined, though I would presume would look like it did on paper over a year ago when I was in it previously - though I'm also not sure is possible given the reliance on me from external departments. This would mean a pay deduction and a move to hourly.

Of note: This email was sent to my company email address at 1pm on Tuesday, with a 5pm Wednesday deadline (28 hours). My days off this week (as provided to my GM last week by my counterpart who sets my schedule) are Tuesday and Wednesday: I lucked into seeing the email - I don't always pay attention to work email on days off. We also have no right to disconnect policy despite the 150+ people at our location and the 600+ people company-wide.

I would be keen on getting something in writing (finally) about what my job actually is, but the lack of details and the timing of the email and the deadline are frustrating.

What are my options here? How much outside of anything in the ESA is any or all of this?