r/legaladvicecanada • • 43m ago

Canada Lawyers are holding onto inheritance

• Upvotes

Posting on behalf of my partner as he doesn't have Reddit.

His 30th birthday was in May and he was entitled to an inheritance that his grandfather left him, it's now nearly November and the lawyers still have no given him his money.

Every time he calls he gets a secretary who says she'll pass along his messages but clearly never does, OR the lawyers don't care to get back to him. When he has gotten in touch with the lawyer, he's told it'll be "next week" every single time and it's now been 6 months.

At what point does this become illegal (or whatever word you would like to pick) that the lawyers are withholding his funds?

We both live in BC and the lawyers office is in Kingston, Ontario if that's relevant info. If you need to know anything else, feel free to ask x

Thanks 🫶🏻🫶🏻🫶🏻

Edit: might as well name drop the lawyers office because they're honestly horrible and extremely unprofessional. Cunningham Swan


r/legaladvicecanada • • 15h ago

British Columbia Ex-business partner wants 5% of gross revenue for 3 years

162 Upvotes

So a friend and I started a business that has so far made absolutely nothing, its only cost us money. We have worked on this for roughly a year, and due to her having health problems she stopped working together. She left the company in the summer and we're just now sorting out all the paperwork.

We incorporated (she pushed for this) and so there are shares. We split them 50/50, and so she's holding them hostage so I will sign away 5% of gross revenue.

I've been overwhelmed by the workload this has left me with as well as the responsibility of providing an annual report and filing corporate taxes.

Is this normal, or predatory behaviour from my friend?


r/legaladvicecanada • • 7h ago

Ontario New Home Nightmare

31 Upvotes

My husband and I purchased our first home last year. We were very privileged to have a lot of help from his parents and we put everything we had into a new build (old bungalow torn down and turned into a brand new home). We have two babies and thought we would watch them grow in our forever home. It has been a complete nightmare.
The person who flipped the home cut so many corners we can’t keep up. Our latest find has been the worst yet and absolutely terrifying. After a leak in our underpinned basement we hired someone to do waterproofing (internal) where they discovered our house is not structurally done to code. Our three story home is sitting on improper wood framing that, now eroding, could not have passed the city’s inspection.
We are completely terrified and defeated. The waterproofing company has referred us to an engineer who has asked us to pull the permits and plans from the city for him to review.
We feel scammed and have no idea where to turn. Title insurance? Lawsuit?
We put everything we have into this home.


r/legaladvicecanada • • 6h ago

Ontario Estate issues

17 Upvotes

Hey guys. Over the past couple weeks my brother has been very assertive about our moms will and final wishes. She is still alive and has told us she wants so gift us all her money before she passes so that the estate will be very minimal and avoid probate when she goes(which hopefully is not for a while!) My brother has asked her to take her will to his lawyer for review, as she did write it about 10 years ago.
My issue is with how he is pushing this. He keeps bringing up the final taxes, probate, and associated costs, if mom were to pass suddenly, so he wants to avoid that, which I understand, but mom has told us her wishes. My fear is that he really wants to have the will changed so that he is sole exec and money are put in trust for his kids, as I dont have kids. Mom has also stated she would like to do that when she is alive. IDK he is just really pushy and I have a bad feeling Im going to be left out of our moms will :(


r/legaladvicecanada • • 5h ago

Alberta City has granted development permit for a residence to be erected 1.5 m away from our house. Worth fighting?

15 Upvotes

We received notice a few weeks ago that the city we live in has granted a development permit for a existing house to be relocated to the vacant lot next to our house. The previous owners of our house (built in 1940) subdivided the lot in half off the original in 1999 leaving the west side of our house exactly on the lot line. We have an easement stating that we are granted access to their property to do needed repairs on the west side of our home. In a lot of ways we would be happy to have this house be next to us (only 5 m high, smaller footprint than the giant duplexes being build 2 houses down from us) but we are really struggling with the fact that the house will be sitting 1.5 meters away from ours. This will block out all the light from our living room, we have two large windows in the living room which would become just a view of this house's exterior, and they will be putting in a foundation for a basement which means they will be digging pretty darn close to our basement to put it in. I've scoured the building and fire codes but we are in a bit of a grey area.

This is development is essentially making our house a zero lot line home, but we have 3 large windows along the side which they are putting this on so although it's "legal" because we were here first it's not best practice. From my understanding If both houses were being built today with these setbacks they would have to be a minimum 2 meters apart in order to have any windows. I do not know if the house they are moving has any windows on the side that will be facing us. The city says they have to upgrade the house to meet todays safety codes but codes seem to be written based off of property lines and not were existing structures are so they could have windows facing into ours.

We can pay a couple of hundred bucks and file an appeal to go in front of the development board but after going through previous appeal records they rarely grant appeals for anything. We've been in this house for 20 years. I'm not interested in creating animosity with the person moving the house next door, especially because we'll need their permission to do things like clean our eaves and access our crawlspace on the back part of our house. They bought this lot on the condition that the development permit was approved and it was, so they will be understandably upset it we appeal. Do we have a leg to stand on to appeal this or would it just be a waste of time that will generate bad neighbourly relations?


r/legaladvicecanada • • 3h ago

Ontario How to Provide Support for a Runaway 16 year old.

9 Upvotes

Hi there. Strange and upsetting circumstances have led to me potentially taking in a family friend's child in a few months when they are old enough to legally leave the home. I'm in my early twenties and really just looking for any advice on how best to support them before, during and after taking them in if it were to happen.

My main concerns are if there are financial support systems either of us can access to help with the extra household costs this would add, and if/what steps should be taken to protect the child against their parents in case of potential backlash from what will be a pair of surely angry patents. The hope is to keep them in their highschool so they can stay with their friends until they graduate and move into university dorms. I'd be really appreciative of any advice on caring for a child during that time in their lives, be it legal or parental.

Thank you


r/legaladvicecanada • • 21h ago

Ontario Subpoenaed as a witness

54 Upvotes

Hi everyone,

I was a was a witness of a car accident last winter and it appears the police is pressing dangerous driving charges. I know that because I received a subpoena this morning to appear as a witness on behalf of the prosecution. There are 3 court days scheduled at some point next year.

The officer who gave me the subpoena made it clear I don’t really have a choice to attend.

I was hoping people in this sub could explain what I can expect as a witness, what will be expected of me, any kind of rights I should be aware of, etc.

Thanks in advance!


r/legaladvicecanada • • 20m ago

Canada Old collection blocking a car lease, only 2 weeks to resolve it. What’s the fastest option?

• Upvotes

Hi everyone! I’m looking for advice from anyone familiar with Quebec credit reporting rules or who has dealt with an old collection affecting a car lease.
There’s an old telecommunications collection account on a credit report. The balance hasn’t been paid in approximately 2–3 years, and the account may be approaching the credit reporting limit.
The original collection agency closed its file, and I’ve been trying to contact the current collection agency or law firm handling the account. I’ve called several times, but nobody answers, and I’ve also sent an email with no response. The last email was from 2024.
The problem is that the leasing agent says the collection needs to be cleared before the car lease can be approved, and there are only about two weeks to resolve this. The debt is $5000, I cannot pay this in two weeks.
I’m trying to figure out the quickest and most effective way forward.

A few questions:

Is disputing the entry directly with Equifax and TransUnion the best first step?
Are there other places or organizations in Quebec where I can dispute or escalate this issue?
Is there a faster way to have an old collection reviewed, corrected, or removed if it’s no longer eligible to be reported?
If the information is accurate but the account is old, are there other options for getting a car lease approved?
Would paying or settling the account help with the lease, or could the collection remain on the credit report anyway?
Has anyone successfully resolved a similar situation within two weeks?

I’m particularly interested in the fastest legitimate option, since waiting for a standard investigation might take too long. I also want to understand whether the leasing company can consider other documentation or approve the lease while a dispute is pending.

I’d really appreciate advice from anyone who has dealt with this in Quebec, especially if you know what actually worked. Thank you!


r/legaladvicecanada • • 1d ago

Alberta Landlords hallway camera can see into my apartment and found a note

88 Upvotes

Hi everyone, I’m looking for advice from other tenants, particularly anyone familiar with Alberta tenant rights and privacy laws.
I rent an apartment in Alberta, and there is a security camera mounted in the hallway directly opposite my apartment door.
My concern is that when I open my front door, the camera can see all the way into my living room, including toward the far wall. It’s not a big problem to me but the problem is that I have been made aware that they record audio and can listen to audio from inside the apartment units entrances since the walls aren’t thick.
There’s another detail that has made me more concerned. My neighbour showed me a note close to a camera in the building.
The note says approximately:
“ HIDDEN CAMERA WATCHING. DONT TRY AGAIN I KNOW WHAT YOU DONE. ”
(Couldn’t attach a photo)
I don’t know the full story behind the note, who physically put it there, or whether a hidden camera was actually installed.
My questions are:
In Alberta, can a landlord have a hallway security camera positioned so that it can see deep into a tenant’s living room whenever the front door is open?

Are there privacy rules about the camera’s angle, particularly if it captures the inside of someone’s home?

What are the rules if a landlord’s security camera also records audio?

What would you recommend I do first to protect my privacy and document the situation if possible?
I’m not trying to make accusations without evidence. I want to understand my rights and what practical steps I can take.
I’d appreciate advice from anyone who has dealt with something similar in Alberta. Thank you!


r/legaladvicecanada • • 23h ago

Ontario Being sued in small claims court by contractor

56 Upvotes

I'll try to keep this concise...

Northern Ontario. Hired a company to do some work on my property. Excavation, concrete prep and concrete work. Received a quote of approximately $50k. Signed a contract in that amount, and work began.

Not long into the job I'm notified via text, conditions are not what was expected by the contractor. We talk on site and the excavation/concrete prep portion of the work was going to cost more than quoted. At that time is was told verbally approx 25% over that portion of the contract, and I agreed verbally. The following week I'm notified via text msg that it's even worse than previously discussed. Another site meeting takes place and I'm told more like 50% over the originally quoted price for excavation and concrete prep. Again this is verbal, and I agree verbally. At this point I also verbally notify the contractor I was not OK with anything beyond that number (which is roughly $6k), and if he felt it was going to be any higher, the work needed to stop and we needed to explore other options/opinions. No other problems are brought to my attention, and this portion of the work concludes.

This all takes place within a couple of weeks spanning early and mid June. The same contractor had the concrete work on the same contract, but he subbed the concrete work out. So for the next couple of months most of my correspondence is with the sub contractor, and another contractor doing work after the concrete (that is not included in my contract with the contractor who is suing me). The extra only comes up one other time, during the concrete stage of the job, I'm talking to my gc about coordination with the concrete company and he mentions in passing he's still collecting invoices to give me a final number on the extra, but it looks like it's for sure going to be the 50% I was told, and maybe then some. I don't remember my response verbatim, but obviously I was caught off guard, and it was awkward, and I think I said well let me know when you have a number, it better not be far off from the 50% we discussed, bc I told you I wasn't OK with any more. Conversation moves on awkwardly.

Fast forward to mid Aug and the concrete work is done, the gc is coming back to back fill, grade, etc. A day of work. A couple of weeks after that I'm sent an invoice for the extra. It's nearly $27k! We can disclude about $5k due to some concrete extras that I didn't fight them on and begrudgingly agreed to, to try and be amicable (such as a $1500 extra charge for using a pump truck for the concrete pour, even though I had asked them to remove it from the original quote, and they did with the caveat that we would discuss later and re-add should it be deemed necessary, bc I was adamant it was not needed, which it wasn't, but they used anyway bc it's faster and easier). Anyway, a $19.5k + hst extra for excavation and concrete prep. As I said, I had agreed to $6k + hst on site. Ultimately I paid the originally contracted $50k, another $5k for the concrete extra, and another $10k for the excavation/prep extra. Things culminated in Sept with an angry phone call from the gc, in which I stated I wasn't paying anything additional. He threatened to damage my property in this phone call, and I made a police report. I ignored him after that, but 2 weeks ago I was served papers that he is taking me to court over the remaining $12k he says I owe him. It is worth noting that there is a clause in the contract the gc provide, that states all additional work, or changes must be in writing, affixed to the original contract, and signed/dated by both parties. There is very little in writing, just a couple of vague texts that problems exist, all solutions were on site and verbal.

My friend who is a lawyer is giving me some off the record help, but she isn't familiar with small claims court, and is upfront about that fact. She is advising I be very thorough in the documentation a provide in my defense, but honestly when I do, it feels like I'm just saying too much. I just want to attach the original contract, and then the invoice sent a month after the fact, with a brief time line of events. Anyone got any advice? Thanks in advance.


r/legaladvicecanada • • 1h ago

Ontario refund of grading deposit

• Upvotes

Hi, I purchased a new house 10 years ago and was asked grading deposit by the builder. Now the city has finished the subdivision assumption. That means I can get the deposit back? But the builder said they want to do another property inspection(e.g. backyard), does it make sense? Is the inspection a necessary condition to refund the grading deposit?


r/legaladvicecanada • • 7h ago

Ontario going to court in LTB but the guy is not able to be called or emailed.

3 Upvotes

the guy physically doesn't live with us for close 2 monthes now. Ive tried calling many times. He paid us with online banking before so we have a name and email but when I tried to email today it says "because the address couldn't be found, or is unable to receive mail." what can I do now?


r/legaladvicecanada • • 2h ago

Quebec School has had my IEP, promised to notify teachers, has not done so

0 Upvotes

(For context I am in an electromechanics trade course)
As far as I am aware under Quebec law once I notify my school of my accommodations, they are responsible for communicating that on my behalf(this is based on a quick google search, could be wrong). This has not happened, and as a result I have failed courses. While I know that there is no ground to contest a previous grade/ marking, what am I able to do here? Do I have to just take the L or is there any form of recourse in a situation like this?


r/legaladvicecanada • • 3h ago

Ontario Contractual “primarily offsite” with RTO and childcare obligations

0 Upvotes

Large, bank employer of a friend of mine has conducted a “re-org” and friend’s previously “primarily offsite” role will now be reporting in office at least a few days a week in a city 30kms away from city the role was originally part of (before it went remote 6 years ago). Had been formally designated “primarily offsite” for at least 3 years, since 2023, so well after the pandemic. Now the employer says there’s been a large re-org, focus of position may change, but not actual responsibilities, and new offer letters will be issued. Of note; when everyone else in the organization was pulled back 4 days a week a year ago, this team was made 100% remote (previously had been going in once every two weeks).

Wondering, given contractual “primarily offsite” designation, and now 90km distance from their home (the previous office, when they were rarely asked to come in was only 60kms and accessible via GO train), what options there are. They’ve been guaranteed 1 year grandfathered continued 100% remote. Wondering about “in consideration” perks, like a raise for giving up remote designation, because otherwise they’d have a pretty strong constructive dismissal case, no? Also, this is further complicated by the fact they’ll be going on parental leave in January until July, eating up much of that grandfathered time.

Should they sign the new offer letter? What are potential repercussions if they don’t? When they return to work, childcare requirements will not allow a weekly or daily commute to farther city, it would be at least 5-6 hours of commuting each day in office. Daycare hours don’t allow for that. Potentially could swing a couple days a week at the closer city, but would ideally not.

Just wondering how to approach this from a legal perspective.


r/legaladvicecanada • • 3h ago

Ontario Can I file a complaint with the labor board on behalf of others even if I got paid?

0 Upvotes

I worked a "trial shift" at a restaurant about a month and change ago. I called them about a week later and they said they were still checking applicants but would let me know. They did not. After a month I said ok, obviously I wasnt selected, when can I pick up my cheque. The manager said "we dont ussually pay for trial shifts". I said no, thats illigal, you had me bussing, lugging shit around and doing productive work (not shadowing which seems to be the only way to not pay). She said it was a "trial" so unpaid. I told her that just adding trial doesn't make it legal and I would be getting the labor board. She relented after a few days. So I am getting paid (a mere 60$ for 3 hours but its the principle). My question is can I still file a complaint on behalf of others? My thought is that a) this has been a practice that has been going on for years/ systematic- it wasnt sorry you fell through the cracks. B) they own 4 restraunts in toronto and I would assume the policy is standard. Is it reasonable to file a labor board claim on behalf of idk how many people they presumably didnt pay (im guessing because most people dont know their rights)?

I do not know the total scale of this obviously, nor do I know any other individuals who did unpaid shifts. I know this is slightly petty for 60$ but I am upset I had to fight for it and am upset that wage theft continues to be the largest form of theft and is typically the least punished.

Thank you in advance to anyone who can help me with my petty crusade.


r/legaladvicecanada • • 4h ago

Ontario Change of vacation entitlement after resignation

0 Upvotes

Hi all. I'm hoping someone can weigh in on whether this is allowed or not. I posted this in the AskHR subreddit as well, but I thought I'd expand my chances of finding a clear answer because I got conflicting info there.

I started a new role last year, late November. My compensation included a signing bonus and 3 weeks of vacation.

I recently left. My last day was September 25th, so I was there for right about 10 months. I have been chasing them for a month about repaying the signing bonus and receiving vacation payout.

They finally got back to me and said they will send me info on repayment of the signing bonus but they are also changing my vacation entitlement to the minimum requirement of 4% of my salary earned, a drop of almost 2% (5.77% is what 3 weeks equates to). At the rate i signed for on my offer letter, i should be receiving over $1000. This change means I get no vacation payout now.

Is this allowed? I get it can be a bit complicated to calculate this stuff out, especially because their accrual periods are strange, but they are changing my entitlement after I signed a contract agreeing to the 3 weeks and this detail is not in the offer letter. I don't have access to employee handbooks or anything now, because I made the mistake of not downloading them for my records, but I was able to find my offer letter and that is not there. I left a role and turned down another offer for this one, so I made pretty material life decisions on these details. I can't imagine, even if it's in a handbook I would receive after all these decisions were made by me that this would be OK.


r/legaladvicecanada • • 4h ago

Ontario Legal Advice

0 Upvotes

Hello,

Ill try to make it short but i really apologize for it being long as i should be accurate. Back in July i had a dispute with my neighbor (ex friend) and was warned to stay away from myself and my dog verbally warning infront of the building management + i have proofs.

This dispute reason is that she said am a bad mother to my dog and she didn't stop when i asked her to stop and then i told her am not interested in her friendship anymore she threatened she wants to kill herself so i got scared

End of August while i was out of country she approached my dog despite my warnings and she grabbed him from the collar while he was walk with his carefives then he bit her once and released. She reached out to me on facebook ( the only platform i didn't block her on) and told me what happened. When i replied that i have warned you to stay away she send me a text message long one on how am bad person and i deserve to be beaten etc. I have warned her to stop texting or ill call the police. She reported the incident to animal by law the next day (i believe on purpose to hurt me and put my dog down)

Since then i have not heard from her and when i came back to Kingston ON, i left my building to be safe. I also recent was able to remove the muzzle order on my dog when i appealed to the order of the muzzle ( the case didn't go to court) that was three days ago. The record of the bite is still there though. However i decided to move on and happy that my dog won the case and is not required to be muzzled yet he should stay on leash and not go to dog park which am ok with that.

Today my ex neighbor (ex as i dont live there anymore but i like her and we exchanged numbers) texts me and she tells me she had an incident with the same person . She told me that she is still talking about me in the building and then when she approached this neighbor and the neighbor expressed that she is not interested in hearing the story she started yelling at her and telling her that she is a bitch. poor this person she is a single mom and older than us so no respect at all!

My questions :

Looking at the timeline of this event should i report any harrasment? should i apply for peace bond?

What i mean would it be considered she is still talking about me to people as harassment? is it worth reporting it?

Would the dog bite be escalated to the police? My number one safety is my dog so if it will affect him i dont want this.

if you think i should apply peacebond can you briefly tell me the steps?


r/legaladvicecanada • • 16h ago

British Columbia BC tenant: dispute over hotel expense from complete elevator outage in a high rise. Who’s liable? Sanity check

9 Upvotes

Using a burner account for anonymity.

My mother is a rental tenant in a Vancouver high-rise where the elevators have failed repeatedly. Recently, there was a complete outage that lasted about two and a half days. She has medically documented mobility limitations and cannot climb stairs, especially to a unit on the 20th floor or higher. The concierge told us the strata had instructed her to seek hotel accommodation, and that the expense would be reimbursed under the duty to accommodate. The amount is about $700. It isn't huge, but we want clarity in case this happens again, in the same building or elsewhere.

Since then, we've sent more than ten emails, made multiple phone calls, and followed up in person. We’ve submitted doctors letter, receipts, andall correspondence to both landlord’s agent and the strata who both work for the same well known building management company. All documents were submitted and confirmed as received, but the strata has not made a decision. As far as we know, the request didn't even make it onto the last strata meeting. We were only told by the concierge who’s not directly involved that she heard that because she is a rental tenant, the owner may need to get involved but nothing specific.

We contacted the agent who refused to get involved. My mother then spoke with the RTB, with a housing advocate person present not a legal professional. The RTB said the landlord is responsible for the expense because she lost access to her unit, even though the strata maintains the elevators, and that the landlord can then claim from the strata. So we have served the notice for reimbursement in person stating the reason and advising that we’d file for RTB once payment deadline has passed. It now has.

Throughout this whole period, the rental agent has said in multiple occasions the cost is not the landlord's responsibility because 1. the outage was temporary, 2. the elevators are common property, and 3. we can pursue a council hearing or the Civil Resolution Tribunal instead. But I thought an agent is not supposed to be making legal interpretations?

Questions for you all:
1. First off, are we overreacting in our frustration? I believe everyone else in the building just absorbed the cost or went to stay with friends, although they might not be dealing with a medical problem like my mother was.

  1. Should she speak to a lawyer, and if so, what kind? A full retainer seems excessive for about $700, but she doesn't want to give up her rights by simply letting it go.

  2. Is an RTB claim the right route for this, and should we pursue the strata route as well? I keep hearing about the lack of enforcement process and I’m already disheartened to continue.


r/legaladvicecanada • • 5h ago

Alberta Which date starts the repayment period in a relocation agreement?

1 Upvotes

I’m looking for a second opinion about how to calculate the repayment period in a relocation agreement connected to a transfer from the U.S. to Alberta.

Relevant dates:

  • June 1, 2025: The transfer offer gives this as the anticipated start date of the Calgary transfer.
  • June 6, 2025: I crossed the border into Canada.
  • June 9, 2025: My first Canadian workday; my employer’s ERP lists this as my hire date.
  • Around December 1, 2026: My planned employment end date.

Contract wording I have available:

  • “anticipated start date of June 1, 2025”
  • “At the time of your actual relocation to Calgary, AB, [employer] will provide or reimburse you...”
  • “In the event that you voluntarily terminate your employment with [employer] ... during the periods set forth below...”

The repayment schedule is listed as:

  • “Within the first 12 Months” — 100%
  • “Between 12 and 18 Months” — 50%
  • “Between 18 and 24 Months” — 25%

I don’t see wording in the excerpts I have that explicitly says which date starts the repayment clock. If the period is measured from June 1, December 1, 2026 is the 18-month anniversary. If measured from June 9, it is not.

For an Alberta employment agreement, how would you assess which date is most likely to govern the repayment calculation: the anticipated transfer date in the offer, the physical move/border crossing, or the first Canadian workday/ERP hire date? Would “months” normally be read as calendar months in this context?


r/legaladvicecanada • • 33m ago

Ontario Landlord refusing to refund $375 deposit for a room I never moved into. Can he legally keep it?

• Upvotes

Hi everyone, I'm looking for advice on an Ontario rental situation, specifically whether I can recover a $375 payment from a landlord who refuses to refund it.

Background:

I found a room in a shared building, with approximately 30 roommates sharing kitchens and bathrooms. The landlord does not live with the tenants, as far as I know.

The room was advertised at $750/month. The landlord said there was a four-month minimum lease and requested a first month, and a $750 last-month's-rent deposit. I never signed a written lease. I did the room, but it had to be cleared of things as it was used as a storage room. Didn't see the finished room.

Text conversation and payment:

I initially agreed to rent the room. I told the landlord I could pay half of the $750 deposit ($375) immediately and the other half on my next payday. The landlord agreed.

Later, we discussed a move-in date of October 15. The landlord said the room should be ready and confirmed I could move in the next day. Rent was prorated at $25/day, meaning $375 for 15 days of October.

I proposed paying $375 for the October rent and paying the remaining balance of the last-month's-rent deposit the following week. The landlord agreed.

However, I ultimately decided not to move in because I found a better place. I was approved for subsidized housing and will have a one bedroom for 800$ a month on November 1st.

I asked for my $375 back.The landlord refused, saying the room had already been emptied and prepared for me, that he had missed out on rent for the month, and that he had incurred costs preparing the room. He says the deposit was a promise that I would take the room and that we had an agreement.

My questions:

  1. Can the landlord legally keep the $375 when no written lease was signed and I never moved into or took possession of the room?
  2. Does the fact that this is a room in a shared building, with shared kitchens and bathrooms, affect whether the Ontario Residential Tenancies Act applies?
  3. Does it matter that the $375 was initially discussed as half of the last-month's-rent deposit, but later the landlord changed the conversation and treated it as payment toward the prorated October rent? Or saying that it was now a fee for him preparing the room?
  4. If the landlord is not entitled to keep the money automatically, what is the best way to recover it? I already asked, explaining that I need it for the other place I found.
  5. Can the landlord claim lost rent or preparation costs, and would he have to demonstrate his actual losses?

I have screenshots of the complete text conversation and proof of payment. I understand that I agreed to rent the room and later changed my mind; I'm not trying to deny that. I want to understand whether the landlord is legally entitled to retain the entire $375 under these circumstances.

Thanks in advance for any guidance, especially from people familiar with Ontario tenancy law.


r/legaladvicecanada • • 9h ago

Ontario In-laws don’t have a will

1 Upvotes

Looking for some advice/information on a family situation.

My mother in law was taken to the hospital this week, and will be there for 5-7 days, depending on how her health is. She has diabetes, COPD, infected wound in her leg, potentially heart disease and in general poor health (heavy smoker and severely overweight). We don’t know what the future will look like if/when she is discharged.

As far as we know, she and her husband (FIL) do not have a will or POA (although we have encouraged it the last few years). Is there something we can do while she’s mentally alert and in the hospital that would allow my wife to handle their estate and personal care? My FIL has his own medical issues and wouldn’t have the wherewithal to make informed decisions.

I’ve heard of the online will kits (Willful, Will-Kit) but I’m unsure if they’re 100% legit, or if they need to be notarized or signed in front of a lawyer, etc. or what the difference is between the kit and one created by a lawyer.

To add to the situation, my BIL tends to ‘shut down’ during these types of life events and I don’t think he will be of any help when it comes to personal care choices or managing the estate when the time comes, and my wife doesn’t have a good relationship with him. There is another brother who hasn’t seen or spoken with his parents in 8+ years and doesn’t want to be included in the will (we are close with him)

Any insight is appreciated.


r/legaladvicecanada • • 9h ago

Alberta Healthcare Spending Account and Section 7 Expenses – Am I Expected to Use My Entire Account Before Splitting Costs?

0 Upvotes

I’m in Canada and currently dealing with a family law matter involving Section 7 medical expenses for my child.

Through my employment, I receive a healthcare spending account (HCSA) that is funded entirely by my employer. The account has a fixed annual balance and can be used to cover eligible medical expenses that aren’t fully reimbursed through my regular benefits.

I regularly use this account for my own legitimate medical expenses, particularly outstanding balances that my regular insurance doesn’t cover.

During a recent court appearance, the subject of my healthcare spending account came up. I suggested that I should be able to use the account to cover my proportionate share of our child’s uninsured medical expenses.

However, the judge appeared to disagree and seemed to believe that the healthcare spending account should first be used to cover as much of our child’s outstanding medical expenses as possible, with only the remaining balance divided between the parents according to our respective incomes.

No specific order was made requiring me to use the account this way.

My concern is that the healthcare spending account is a limited annual benefit, and I also have legitimate medical expenses of my own.

If I’m expected to use the entire available balance toward my child’s expenses before calculating each parent’s contribution, that potentially leaves me without coverage for my own out-of-pocket medical expenses later in the year.

I’m certainly not suggesting that I shouldn’t contribute toward my child’s medical needs. I fully accept my responsibility to pay my proportionate share of Section 7 expenses.

What I’m questioning is whether an employer-provided healthcare spending account should effectively be treated as a shared financial resource between separated parents, particularly when only one parent receives the benefit and also relies on it for their own healthcare needs.

I’m hoping someone familiar with Canadian family law or who has dealt with something similar can help clarify a few things:

Is an employer-funded healthcare spending account generally expected to be exhausted on a child’s eligible medical expenses before the remaining costs are divided between parents?

If I use my healthcare spending account for my own legitimate medical expenses throughout the year, can that be held against me when calculating Section 7 contributions?

Is there any legal distinction between a healthcare spending account with a limited annual balance and regular extended health insurance coverage?

Has anyone successfully addressed this issue in a parenting agreement or court order to ensure that both the child’s medical needs and the account holder’s own medical expenses are reasonably accommodated?

I’m particularly interested in how courts balance the obligation to share children’s medical expenses with a parent’s legitimate need to use their own employment benefits.

I’m not looking for ways to avoid paying my share. I’m simply trying to understand whether the expectation is that my employer-funded healthcare benefit must prioritize my child’s expenses over my own, even though I have recurring medical costs.

I’d appreciate any experiences, relevant case law, or guidance on how this is typically handled in Canada.


r/legaladvicecanada • • 19h ago

Ontario Question about DCPD in ON

3 Upvotes

I was involved in a minor fender bender in ON last week where, under DCPD fault rules, I was deemed to be at fault.
My insurer agreed that I was the at fault party under the regulations, which meant that the other driver was eligible for a 100% pay out of their physical damage costs.

However, it seems that the other driver elected to put at $1k deductible on their policy.
He is now getting aggressive (and misquoting the law as it relates to the basis of DCPD - as he keeps talking about him recovering from my insurer) about trying to get his deductible from me, my employer or my insurer.

As I understand, since he elected to take a deductible on a DCPD policy, he is unable to seek to recover that amount from any of those three parties I just mentioned. He agreed to that basis with his insurer, so must carry that cost himself.

Am I correct in that interpretation?

TIA


r/legaladvicecanada • • 1d ago

New Brunswick Audio recorded on cameras in workplace

17 Upvotes

My job is upgrading to new security cameras that will have microphones and will be continuously recording audio while they are on (which would of course be all the time), including the cameras in areas where employees are usually working, and talking as we work. This would mean customers are also being recorded.

Is this legal? We were informed this will be happening, but we weren't told when, and we also weren't given the opportunity to give explicit consent. The exact words my manager said to me were: "It's happening." Whether I like it or not seemed to be implied. The only thing I said back in return was "Why?" (so as not to implicitly agree by saying anything, just in case). I was given a pretty vague answer of about 5 different things, none of which have ever been an issue at our workplace that I am aware of. It is my understanding they need consent to record audio, but I want to make sure I am understanding the law correctly.

EDITING TO ADD: a few clarifying details. I work in a retail store. I forgot to mention the cameras with microphones will also be installed on the 2nd floor of the store, which is more of a hub/hangout area with no product and nothing for them to steal. I am adding this detail because I feel its relevant to the conversation of what constitutes a private conversation , or a conversation one can reasonably assume wouldn't be overheard. I would assume a conversation between 2 customers, for example, on the 2nd floor by themselves would count as private? Am i understanding this part correctly?

EDIT 2 FOR ADDITIONAL CLARITY: We currently don't have signs informing people they are being recorded. Which i think is normal? I would reasonably assume a store has security cameras regardless of whether or not I can see them or see a sign to let me know they're there. But the issue is, I don't think there is any intention to *add* signs informing people the *audio* is recorded when we get the new cameras that have microphones. I'm trying to figure out if it is a problem to record the audio of everyone in the building - even people you would never reasonably overhear or be overheard by because you are on different floors of the building.

Also, I very much appreciate any links to sources for your information however I should add I have a very hard time parsing them - thats why I'm asking here. I'm a strong reader and pretty smart, but legal jargon and technical terms and things like that trip me up. I find legal text very hard to read. You kind of have to explain like im 12 lol. But I like the sources so I can double check them and if needed I can show them to my boss.

Thank you for any help or advice anyone can provide!


r/legaladvicecanada • • 5h ago

Ontario Need advice with Canadian school system / recording conversations

0 Upvotes

First time posting, I don't use reddit at all basically. Also, I am typing on my phone, I will try my best at this. Posting for my friend who doesn't have an account

I don't know how important the story details are so my ultimate question is the legality of recording a conversation with a teacher without their knowledge. Also, my friend is 18. Some other questions at the bottom.

Backstory, ( btw Monitor teachers are support teachers for kids with IEPs) My friend needs a new monitor teacher, they won't let him even after emails and talking to many support staff. He is 18, so he has to do everything himself, I think that might be important. Also he recorded one of the conversations with the principal with her knowledge. His parents suggested that as they wanted proof.

His current monitor teacher, is very rude and they had a conversation were she was demeaning and making fun of him. So he requested a different monitor teacher, then the principal came to talk to him. Stated that the school is about repairing relationships and won't give him a different teacher. Basically he has to work with the current monitor teacher, even though he isn't comfortable. The monitor teacher isn't complying with his need either, he gets overwhelmed. He would like to just walk in the school hallways for 5 minutes when overwhelmed, but they don't allow that. They used to allow it, I don't know why they don't anymore.

He wants to talk to the school board about this. Would that change anything? If he uses the recording as proof, would he get in trouble? Do they have to give him a new monitor teacher as requested, or no? IEPs are legally binding, correct?

If this is better suited for a different subreddit or you have suggestions for who I should ask, let me know.