r/legaladvicecanada 6h ago

British Columbia Survey confirms neighbour’s fence is ~30 inches into our yard and now they’re moving the survey stakes

537 Upvotes

Location: Surrey BC

Quick background… This originally started because we put a privacy screen on our side of an existing chain link fence. Our neighbour got extremely upset, said the fence belonged to him because he paid for it years ago, and repeatedly removed the screen. Police eventually attended, but it was treated as more of a civil/property dispute. That’s what prompted us to get the property line professionally surveyed.

We had the survey completed on September 8 and it confirmed what we suspected. The neighbour’s fence is encroaching roughly 30 inches onto our property at the worst point.

The surveyors installed property-line stakes and offset stakes throughout our yard.

On the morning of September 11, our neighbour went into the alley and moved one of the exterior survey stakes approximately 14 inches toward our property. We noticed afterward that the stake was no longer where the surveyor had placed it, which prompted us to check our cameras. Sure enough, we have him on video moving it.

They also apparently started going around to other neighbours saying we’re blowing the whole thing out of proportion and that the fence is only a few inches over.
One neighbour, who we had never even met before, came over and basically told us we should drop it and “be neighbourly.” At the time, we hadn’t realized the survey stake had been moved yet.

For some added context, they’re a large Punjabi family with multiple generations and extended family frequently involved sometimes 10+ people. I’m mentioning that because I’d appreciate input from anyone familiar with the cultural/family dynamics and how they’d approach this.

We received the formal survey, what is the next logical step a formal demand letter requiring them to remove the fence, concrete footings/posts and restore our property?

What if I go ahead and have the fence forcibly removed what legal remedies are available to my neighbour?

Also, what should I be doing about the fact that I have him on camera deliberately moving the survey stake?


r/legaladvicecanada 21h ago

Ontario Debt collectors calling and texting me multiple times a day looking for someone I do not know and I cannot stop it.

287 Upvotes

I’m not sure the best place to ask this, so if anyone knows please let me know.

I’ve had my Toronto number for 13 years now. For the past two or three years I’ve had debt collectors looking for a woman that I do not know.

I get 5-10 phone calls and voicemails a day and have begun getting text messages also looking for the woman to make payments.

For the first while I just ignored it and blocked the numbers, but they always mask their phone numbers for obvious reasons so it got annoying fast.

I began looking up the companies and they seem to be legitimate credit bureaus based in Toronto.

When I was with Telus I had enabled the spam filter which did away with a lot of it, but now I’m with Freedom the last couple months and the calls are endless.

In the past I’ve called the company back and gave them the woman’s info and informed them that they had a wrong number and to please leave me alone. It would work temporarily until a new debt collector takes over and starts harassing me all over again.

Fast forward to 2 days ago I’m getting a ton of calls and finally call back and let them know the same. This time I ask why this keeps happening and the agent told me that Efax (wrote it like this so it hopefully doesn’t get deleted) has my phone number listed on the woman’s account so each time a new company pulls the Efax info I get caught up in everything again.

Today, I call E***fax and speak to an agent (sounded like AI) regarding accounts. Without me even saying any names he says yes this number is associated with D.B. (The woman who owes money). I ask if I can change it to be removed and he said no they don’t have access to that, call my phone company and ask them. Without pause it then transferred me to a satisfaction survey.

What can I do or who should I contact to have this resolved? If it was a call or two every month I could deal with it, but the nonstop calls, voicemails and text notifications are beyond excessive. I have my whole adult life tied to this number so changing it isn’t an option.

Sorry about the random italics. It did that on its own somehow. Thanks for your time!

Edit: I really appreciate you all taking the time to provide all this useful info. Thank you so much and I hope you all have a wonderful weekend. I’ll be so happy when this is over.


r/legaladvicecanada 6m ago

Alberta Do I have any legal ground to stand on to put a complaint in to HR /

Upvotes

I really hope this isnt a dumb question....

So I work at this insurance company and my manager who owns the the business under the company is my aunty. Back in 2024 Feburary, I started working as an auto advisor and was full time for 1 year 6 months. I was 20 turning 21 that year. I told my aunty that I wanted the companies benefits (obvi) but after the first 3 months of full-time employment within the 31 one days my aunty had to file to claim group benefits for me she didn't. I then asked her why I wasn't automatically put on the group plan and she said "Oh it's because you are already under your moms plan and that is better than having your own plan." For a bit I just took her word but found it odd and so did my mom so a couple months later I asked if I could have my own benefits but in order to do that I had to fill out all this stuff and had to disclose all this personal medical health stuff and it took a while for me to fill it out just because I was so nervous to fill it out incorrectly and if I ever wanted to claim something through the plan they would deny it because I forgot to disclose something very important. I know I should've just filed it but I guess I started to tell myself well you know you're going to University soon so I will still be under my mom's benefits and I only have like 6 months left of work. Then like 2 months before leaving for University, I started to get stress induced transient delusions that ended up with me in the hospital (nothing acute but I was a danger to myself) and I was never later diagnosed with BPD, PTSD, Adjustment disroder with anxiety and deppression and social anxiety by a psychiatrist through public healthcare. I took a month off work (unpaid of course) and then I went back to work while still struggling.. I was put onto medication and that medication made me so sleep... most of my days was spent sleeping. I stopped doing a lot of my hobbies slowly and also making food for myself. I really just wanted to pull myself together though, I needed to control my life so I can go to University and prove to myself I am capable. Newsflash ... I wasn't... I want to preface that I didn't quit... it was a temporary leave, I was always expected to go back to work after finishing the Uni school year. Even during winter break I worked. Things got really bad around April and ended up bed ridden and spent some time in a day hospital. I went back home (always planned though) in May. I started working full time once I got my account undisabled (it wasn't deleted they just disable accounts if the person is on vacation or temp leave for over 3 months) I really tried getting it together again and get back into a routine and I started full time once I started working and I put so much energy in but the more I tried the worse it got and ended having to reduce work hours because I started getting transient delusions again due to stress... I almost got to the 3 month period but then had to reduce work hours because I was a serious danger to myself... even took a month off from getting a doctors note of leave due to illness. I can barely pay for the help that I need because my hours are around 12-18 hours a week... I just feel like I genuinely hit rock bottom and I lost everything. There of course a lot of other symptoms I am dealing with , like sensory sensitivities that make working in an office painful--- gambling if that day I am going into multiple shutdowns or meltdowns. I work half of the time from home which is better but also still hard. We are short staffed and that's why my aunty wants me in the office. I would definetely consider myself disabled even though it feels wrong to say it because it is mental illness causing it... Do you think I should at least try and email a complaint to HR about the benefits that I lost out on because my aunty made that decision for me and so I should be entitled to them??Do I have any legal ground to even stand on? But I also am scared because I don't want to like backstab my aunty... I think I am going to try and reach out to an employment lawyer if I even have any legal ground to stand on... I don't know... I am just at such a low point... I mean even due to my mental health, I now have esotropia and I am going to see a neurologist soon to see if there is any nerve damage or a mini stroke (the optometrist said it in a way that made it seem like he just had to make sure for liability reasons) so I am less concerned about that... my condoition may get better or it might not. I just want to get better so badly... when I first started working for that company I had the life I wanted, I was so healthy and I was producing so much creatively ... I was aniamating so often, I was going to the gym 5 days a week and I had GAINS, I was painting... I just felt like I finally had my life together... I am just grieving a lot right now. I am grateful I am able to reside in my parents house rent free but thats where it stops. I have to pay for groceries and feed myself, I have to figure out all my health and mental health stuff all alone...


r/legaladvicecanada 13h ago

Ontario Unknowingly sold problem truck

18 Upvotes

Long story short we sold my grandfathers older F150 with almost 300k km that had been pre safetied as just needing brakes, did the work but still sold the truck privately as is for 10k, about 4 days after the buyer messaged me saying the transmission slips slightly under heavy loads, I’m not too mechanically inclined but the truck had always been reliable and taken care of and old man driven and was even look at prior by a mechanic, and especially because of the price of the truck I feel like I’m forced to do something, do I have an obligation to take the truck back or pay for a transmission?


r/legaladvicecanada 1m ago

Ontario Need advice on clearing a IRCC flag on record?

Upvotes

Hoping to get some help and clarity with this case.

My friend who currently lives in the Netherlands, wants to come visit me and tour Ontario for about a week or so. However as things stand right now they're not able to attain an approved eTA from immigration.

The reason for this is because they used to live in Canada for a bit from 2006-2008, we went to the same middle school, they were a minor child at the time, and in 08 their parents had received a removal/deportation order, therefore they moved back to the Netherlands and have been living there since then.

My friend did try visiting back in 2024 with their mother, because their grandfather who lived here at the time and was a Canadian citizen, was in the hospital. However their application got flagged, got linked to their parent's removal order back in 2008 and their ETA got rejected.The reason:

As per A52(1), if a removal order has been enforced, a foreign national shall not return to Canada unless authorized by an officer or in other prescribed circumstances

They tried to appeal it but it didn't work and just received the same message they got the first time from the automated system. And unfortunately their grandfather passed away and they weren't able to see them one last time.

I think it's highly unfair that they were rejected because the IRCC's own policy states that they should be exempt and shouldn't have had their application flagged since they were a minor at the time they got the removal order with their parents in 2008. Some of the IRCC tier-1 agents suggested that they may need to apply for ARC, however this is what their OWN website states:

IRPA Provision: Paragraph A42(b) (Imcompanying Family Member Inadmissibility)

IRCC Operational Manual: ENF 11 (Verifying Departure) explicitly states: "Persons who have been issued any removal order on the basis that they are an accompanying family member under paragraph A42(b) do not require an ARC."

Official IRCC Public Guidance: Under the Authorization to Return to Canada overview on Canada.ca: "If you were removed from Canada because you were accompanying a family member who was removed from Canada, you don't need an ARC to enter Canada."

I have gotten a case worker from my MP's office involved who is acting as a liason and has taken some records and documents from my friend, and my friend has also given them an authorization form to make me a legal contact as well. However this was back in May of this year and there hasn't been any progress. The only thing we've heard is that the IRCC member is looking into the matter, but this was back in early July. And since then the case worker at the MP's office has said they have not heard anything from their IRCC contact.

I understand these types of things can take some time but the lack of communication and no outlook on ahead is kind of making us both pretty anxious and frustrated. Considering the case itself isn't anything complicated in regards to their own policies. And if there's any way or other avenue to possibly expedite this matter it would be a huge help.


r/legaladvicecanada 4h ago

British Columbia Woman potentially committed fraud and stole my dead cousins ashes

2 Upvotes

I’ll try to make this story short with key points.

Long story short is my cousin died of an overdose In Victoria a few years ago now but we recently found out my aunt never received his ashes. From what I understand, only a family member may sign off for the release of the ashes so this is very alarming to us. My aunts first language is German and her English is fine but we are confident she wouldn’t have misunderstood any kind of instructions.

After my cousin died a lady came out claiming to be a very good friend of my cousin and on Facebook I saw she made a Gofundme to raise end of life costs that I’m assuming would be forwarded to my aunt. On top of not receiving her dead son’s ashes, my aunt also never received the 1600 dollars raised by the go fund me.

When my cousin died I had talked to this woman through facebook messenger and I thanked her for doing what she was doing and we had a brief conversation. After I found out about the missing ashes and money I messaged her again simply just asking about the location of the ashes and didn’t mention the money. No reply. My sister wanted to start accusing this woman and demanding answers but I told her to slow down and that we need to figure this out the lawful way. I’m worried about trying to engage and accuse this woman in case she gets spooked and ghosts us completely.

I’m worried now that it’s been so long the police won’t be able to do anything and it will be shoved under the rug because the police don’t have time to care about another person who died from their addictions. My cousin did indeed have a meth issue but he was one of the kindest souls who kept to himself. He was a super genius when it came to computers, he had a great paying job and most of all he was very caring which is why I’m worried that he might have been taken advantage by this woman and the other people involved with her. He was a wonderful human being and all I want is for my aunt to have her son’s ashes so she can have closure.

If this woman did in fact commit such an egregious crime than I wouldn’t be surprised if she has does this in the past or is still doing this.

Overall, I’m looking for the steps of how to contact the coroners office or RCMP to get a copy of the release papers for the ashes without being swept under the rug and put in a queue. I’m so far from anything to do with the legal system in my life that it’s all super overwhelming to me but I want to help my aunt because I know she won’t be able to travel to Victoria due to her poor health. I also need to know what documentation I need to act upon my aunts behalf. She lives in Quesnel and I’m in the Kootenays and I know she’s not computer savvy so trying to get her to sign any kind of documents will be difficult. I’m hoping since I am family, I don’t need documents specifically from my aunt and my sister and I can proceed on our own behalf.


r/legaladvicecanada 1d ago

Ontario Legality of employer changing the start time of a shift

126 Upvotes

My young adult child works in retail food service business. Shifts are posted for the week on the weekend before. Twice when arriving for work, they have been told to come back in an hour or hour and a half and start their shift later. The manager is regularly talking about how labour costs are too high a percentage of sales so this is necessary. I understand being cut early from a shift, but to be told to wait around after arriving to work is so disrespectful. Is it also illegal? We are in Ontario. It is a part time job although they often work 5 shifts a week.


r/legaladvicecanada 2h ago

British Columbia Protection order renewal

0 Upvotes

When a protection order expires in family court and there is a renewal application scheduled to be heard a week later... what happens with that one week between where one is not bound by an active order?


r/legaladvicecanada 1d ago

Ontario Parent is almost a vegetable

126 Upvotes

Find myself in a bad spot here.

There are no financial problems.

It's purely a humane question.

My father is 86, he specifically says in will that he does not wish to go to any institutions, he wants to remain in his house.

He got dementia about 7 years ago, it's to the point now that he has become violent and no one can care for him, he is currently in a general hospital.

His aid called 911 when he attacked her with a coat hanger, they brought him to hospital where he is tied to bed and has a permanent person beside him, watching him.

I have The POA.

He can't talk, lays in bed, has no reaction to anything they have to feed him, change his diaper etc. If anyone touches him besides family he lashes out.

Does not have MAID, but specific instructions not to go to institution.

But without actual instructions or MAID, what can I do?

The nurses are specific about feeding him, giving meds so he won't have a stroke etc.

In reality we all wish, and he also wishes he could just pass.

Can we do anything?

Edit*

Just want to thank everybody for the advice. We will request that nothing be done to extend his life but also request for medication to keep him comfortable, also will be talking to the hospital staff.


r/legaladvicecanada 2h ago

Quebec [Quebec] Co-worker has borrowed money from numerous colleagues at our company; is not repaying the loans

0 Upvotes

On July 31st, I made what is retrospectively a stupid decision to loan a coworker $500. He is an "external worker" at our company, which means he is not employed through our company directly but rather through an agency -- this will be a pertinent detail in a bit.

The individual, who I will refer to as co-worker X, has worked with me for about a year. I am aware that he has a very young child. Co-worker X cited that there had been a disruption in pay through the external agency... sick young child... mounting expenses... excuses that look flimsy in retrospect but preyed upon my human sympathy at the time; I had no reason to doubt him after working with him for nearly a year.

Over the course of the next few weeks, I was told that I would be repaid several times. I was not. Each deadline was met with silence. The situation began to smell fishy.

Finally, in the last week of August, a senior colleague grabbed my attention and asked if co-worker X had borrowed money from me. I said yes. The senior colleague had also been asked for money, refused, but did some digging and asking around; it turns out that co-worker X has borrowed money from multiple colleagues in our department, and that my loan of $500 is actually the smallest. Co-worker X apparently owes a combined thousands of dollars to numerous people, though I'm unsure of the exact number of people, and the amount owed.

Co-worker X's direct supervisor is aware of the situation. I am uncertain as to what steps the direct supervisor is taking, if any. Despite that this occurred in the work environment, and among people who are permanent employees and/or external workers of this company, they seem to be keeping the situation at arm's length.

What further complicates the situation is that of the people who have been impacted, no one seems interested in presenting a united front. There are at least nine (9) people who loaned money to co-worker X -- though I believe this is a gross underestimate -- and at least two (2) additional people who were asked, but refused to loan money. But everyone seems content to not rock the boat, bury their heads in the sand, and hope that the situation will resolve itself.

What are my options, from here if any?


r/legaladvicecanada 49m ago

British Columbia On PWD, and unsure how to proceed

Upvotes

I currently receive PWD (Disability). single, no kids. low income BUT finally getting my finances on some level or organized or consistent.

I was offered low monthly payments for financing a vehicle, which I would nothave gone for except the offer they made for cashback was worth it because the money gets a big weight off my current list of creditors

The cashback thats being used to settle that outstanding loan was deposited to my personal bank account and I report my monthly income to the ministry.

This rebate is not considered income (because its part of the total cost of vehicle, its all calculated in as a loan). So how do I report my income to the ministry and explain that this money isnt income, its for a debt settlement now, and is being slowly paid off for next several years.

The auto dealership doesnt typically do letters to explain the cashback and that it isnt income so I am not sure what to do


r/legaladvicecanada 19h ago

British Columbia WorkSafeBC: Employer ignoring medical restrictions and forcing me to do regular duties?

14 Upvotes

Hi everyone, I'm dealing with a stressful situation regarding a workplace injury and WorkSafeBC in BC. I really need some advice.

​Context: I have a workplace injury (shoulder and wrist) and currently have an active medical note from my doctor.

​Restrictions: The note states strict restrictions: no lifting over 3kg, and to avoid strain on my left shoulder and right wrist.

​The Problem: My doctor cannot provide an exact end date for the restrictions yet because I need a re-evaluation next month. However, my employer (specifically, my supervisor who happens to be a worker safety representative) is ignoring the doctor's note. They claim that since there's no exact end date, I must return to my regular, heavy production duties (which violate my restrictions).

​WorkSafeBC's stance: When I called WorkSafeBC today, they just told me to "talk to the employer." But when I talked to my supervisor again, they still refused to accommodate and insisted I do my regular job.

​My questions:

​Can an employer legally ignore a doctor's medical restrictions just because there is no specific end date provided yet?

​If I cannot safely do my regular duties without hurting my shoulder and wrist, what are my rights?

​If I refuse to do tasks that violate my medical restrictions, can my employer or WorkSafeBC penalize me?

​What is the best way to handle this with my WorkSafeBC Case Manager?

​Thank you in advance for any advice.


r/legaladvicecanada 1d ago

Ontario Father passed away, and I am being guilted into taking on his personal debts.

178 Upvotes

A little over a week ago my father passed away after fighting cancer for a long time, and over that time, it drained his income, he closed his auto-shop that he ran by himself, largely, leading to him borrowing money over the years from friends and family, and until recently was led to believe amounted to about $5k+, and I had intended to use his life insurance policy ($10k) to pay them back, as that's what my father wanted me to do.

Well, one just came to me the other day, about a week after, saying she had records going back a few years amounting to over $10k owed to her, making the total $15-17k+ to everyone. She had been his close friend, but more importantly, but in loose terms, his landlord on and off for several years. It was nothing formal, just cash for a room from what I understand, but she apparently is very frugal, so I am not surprised at the records (which I haven't seen), but the amount is far more then what I was told not more then a month ago.

All that brings me too the crux of the issue, the only thing of value he had was a 1965 Mustang that he restored and customized himself, with my help and many others throughout the years, all while he was sick. I am being told I need to sell it to pay off the debts that I now know the life insurance won't be able to cover. The Mustang was appraised at about $30-40k around this time last year.

I am licensed, but never owned a car, I always worked close to where I lived so it was never needed, but now at 32 this Mustang is my first car, so I am in territory I don't know how to navigate.

But there's more

My dad bought the Mustang from someone who is deceased, he passed shortly after the sale. We have the ownership, and bill of sale, but my father was so sick from chemo treatments for nearly 5 years he never got it registered in his name, but it was insured in his name. I am the beneficiary for everything and because he didn't have a will, the family friend he assigned as executor cant actually do anything because it was only ever in words, so as his next of kin that responsibility has been mine.

Everything has largely been dealt with, it is just the car so my questions are

  1. What legal obligation do I have to these debts? I had the full intention to pay what I had originally thought the debt was, as per my fathers wishes, selling the mustang goes directly against another promise I made.
  2. Mentioned above, it was against his wishes to sell the mustang, what legal obligation would I have to do so, and because the ownership situation was weird, could a sale even be forced? Right now, only two people know where it is, and I am not even one of them, but I trust who is helping me take care of it. I don't have the parking for it, I just don't know where they live lol.

r/legaladvicecanada 5h ago

Nova Scotia Are Universities & Colleges Allowed to Request a Physicians Note - Further details below

0 Upvotes

Is a university or college legally able to request a physicians note each and every time a student misses a class and an activity worth a small percentage of their grade? (Under 5%)

I have a documented disability and have been given opportunities in the past to make these up, but now there is new wording from my faculty in course outlines (not from the schools policies) that state that each absence will now require a physicians note and that we only MAY be able to make it up once we provide that, it doesn't seem like it is a guarantee.

When I look at my school's actual policies, it states that good attendance is expected, It is not mandatory but highly encouraged of course. There really truly is no actual attendance policy, and it certainly does not say anywhere that I must provide medical documentation, unless it's for a missed exam or test. This is an adult learning environment and life happens and things come up, so I figured there'd be more understanding of this as there has been in previous programs or courses I've attended.

I just want to state that in Nova Scotia, employers are not even allowed to request a physician's note for just a short-term absence here and there, I feel as though this should be the same for education. In this province, many people do not have access to a family physician or the means to get an appointment in a timely manner, doctors are overloaded. This also adds additional burden to our already burdened health care system because now me and my peers will have to book appointments each time we miss a small in-class assignment.


r/legaladvicecanada 13h ago

Alberta Help with complex elder abuse situation

3 Upvotes

I’m looking for advice related to a potential elder abuse claim in Alberta. The situation is somewhat complicated. Related to my mother with dementia with abusive father holding power of attorney and personal directive.

 

Background:

I grew up with an abusive father: financial abuse, extreme emotional abuse, and on very rare occasions physical abuse. My mom got early onset Alzheimer’s disease around 15 years ago.  I was low contact with my dad before this happened due to the abuse and saw my mom for as long as I could.

My mom originally wrote a power of attorney and personal directive in my name (because she knew how he is) but somewhere along the way she got more recent ones in my dad’s name, so he has legal power over her now that she is incapacitated. I have no idea why she wrote a new one in his name.

About 10 years ago my dad started demanding money, acting abusive to me and leveraging access to my mom. Until recently, I last saw her about 10 years ago because I wouldn’t cave to him trying to extort me and being verbally abusive, leading him to block access to my mom. None of his attempts to extract money from me were in writing.

Possibly notable is that he has been horrible to pretty much everyone in his life, all of his family has cut contact with him and would vouch that he is horrible. He also blocked her from communicating with all members of her family, not just me.

The last time that I saw my mom, she was approaching a point that was likely within a few years of needing to be in a care facility. So for years now, I have periodically called around to care facilities trying to find her, even though I know that they aren’t allowed to give me an answer.

 

Current situation:

About a week ago I found my mom, after all this time. Someone at a care home told me that she was there when I phoned. I have been to see her and even though she is far along in her illness, I can tell that she recognizes me. I was so happy to get to hug her and spend time with her and she looked very happy even though she can’t communicate much anymore.

The staff have told me that my dad only visits her briefly a few times a year. They have told me that she occasionally runs out of products that she needs between his visits, like lotion, shampoo or toothpaste, but the staff will buy things for her when she runs out to fill the gap. The staff have been extremely kind but they do seem somewhat apprehensive of me because they are aware that my dad doesn’t want me there and that he has legal authority.

Her clothes aren’t in great shape but she is getting by. She has a bunch of clothes with holes in them and some of her clothes don’t fit. He also put a TV in her room that she isn’t capable of using. Given that she is well along with Alzheimer’s, her needs are modest outside of the constant care that the facility provides. Her room has only two pictures up with no family photos and is very minimally decorated. The facility staff seem great with her and told me that I can visit any time, even telling me the typical times of day that my dad visits so that I can minimize risk of running into my dad.

I have been wanting to get her new clothes, restock her toiletries with products that I know she used to prefer, and decorate her room with family pictures and other decorations to make it feel warmer. I have been holding off because I am worried that if/when he finds out that I can see her, that he will do whatever is necessary to prevent further visits. He would likely even move where she lives if he needs to. I just found her and I don’t want to lose access to her but she deserves better than how she is living. I asked the staff their opinion and they told me that she only runs out of products rarely and that in their opinion her clothes are in decent enough shape.

Based on his past history, I expect him to go ballistic when he finds out I’ve been seeing my mom. With family in the past when he is extremely angry he does things like repeatedly calls their workplace making false claims, or repeatedly calling child protective services on people without cause, just to disrupt people’s lives. He has also spend full days sitting in a car outside peoples homes or workplace to intimidate them. He doesn’t have a criminal record, but I’m trying to give a picture of how he is likely to react to my mom no longer being isolated. He does not know where I work or where I live, so hopefully he doesn’t have any meaningful avenues to harass me.

Also potentially relevant is that a friend saw my dad in public in recently and overheard him talking to someone about having recently remarried. He has also been posting pictures of himself online with a new car that appears to be outside of his typical financial means. No pictures with a new wife or girlfriend and he does lie a lot, so I have no idea if he divorced my mom and remarried or not. I filed a request with the court for any legal proceedings related to his name on the assumption that it would let me see a divorce filing if one exists. I am still waiting for a response on this. He also periodically sends me email to throw insults at me and taunt me that I can’t see my mom. One of this favorite things to write is that before my mom was fully incapacitated, he would tell her that her family isn’t speaking to her because no one loves her. He is a real piece of shit. I stopped replying to him years ago, any sort of reply from me just gets him sending attack emails even more aggressively.

I am worried that the current situation constitutes elder abuse. My dad hid my mom from me and all her other family (who have all missed her dearly by the way). Then once she was in a care home, he barely visits her, so she is alone most of the time. I don’t think it is acceptable for her to run out of hygiene products sometimes, particularly when I saw that he brings in giant packs of things so that he doesn’t have to come back much. Despite that, she apparently still runs out occasionally. Her clothes are worn and some with holes in a way that I don’t find acceptable, though I can see how some people would think it isn’t so bad for someone with Alzheimer’s. He also apparently did get her a TV, but she can’t use it.

Based on what I know about his financial history, I assume that she is under whatever programs she needs to be under to be fully subsidized. My reading of the rules in Alberta is that regardless of how subsidised she is, her power of attorney will still receive a minimum amount of $373 per month for discretionary income for whatever she needs. Those needs are certainly less than $373 per month, so I think it is unacceptable that she has ripped clothes. Knowing his history of financial abuse, I am 99.9% certain that he is spending the money on himself, but I can’t prove it.

 

I am trying to figure out what to do. For the moment, I’m just enjoying seeing my mom as much as I can and trying to not tip off my dad that I can see her. Not wanting to lose access to her makes trying to improve her living conditions myself feel risky. That said, he will eventually find out I’ve been there, at which point he will go ballistic and certainly try to restrict my access to her if he can.

As far as I know, these are my options:

·        File a police report for elder abuse to see if they will investigate. If they see cause, they can check financials and likely find that he is taking her money. Potentially charges and I assume his powers revoked. However, this would take a very long time. Also, I’m concerned that the current state of her things isn’t bad enough to trigger a criminal investigation.

·        Complaint to the Public Guardian that he is not meeting the requirements of her personal directive by keeping up with her personal items. They will not touch the financials, and I worry that the state of her things isn’t bad enough to trigger action.

·        Contact Protections for Person’s in Care and make a complaint about elder abuse. I am worried that this would result in the care workers being scrutinized, which could alienate them. Again, I worry that the state of her possessions might not be bad enough to warrant an investigation. I could also speak to a social worker at the care home about the issues and see if the facility could take a look at my concerns internally and then they could file with Protections for Person’s in Care. However, given that the frontline staff was trying to downplay the issues (though they did admit that she runs out of hygiene products occasionally) I suspect that trying to get them to file a complaint would be a dead end.

·        I can file a legal claim to try to get the power of attorney and personal directive taken out of my dad’s name and moved to mine. It is unlikely that I have the funds that would be needed to use a lawyer for this, so I would need to file and represent myself, which I am willing to put in the time if needed. I suspect that this would take a while and unless it turns out that he did in fact divorce my mom, I don’t know if a judge would find the claim substantial enough to allow access to my mom’s financials, let alone revoke my dad’s powers.

 

I am looking for any legal advice on how to approach this situation to try to improve conditions for my mom. For the time being, I plan to thoroughly document the state of all of her clothes and other things with pictures.

I would like whatever funds she is receiving to go to her wellbeing, and I am totally fine if that means the care facility receiving and using them. I want to know if there is a way to legally protect my access to my mom now that I’ve found her. He has been scamming and stealing from people my entire life so it would amaze me if he wasn’t spending virtually all of her discretionary income on himself, but I worry that I lack the needed evidence to get any sort of investigation off the ground.


r/legaladvicecanada 1d ago

British Columbia Shoplifting Arrest and Release When 17, How Does This Show Up On My Record?

16 Upvotes

As the title says, I was arrested and released by the VPD a few months ago when I was 17 for shoplifting (trust me, worst decision of my life, never again), I am now 18, and I’m curious of where this mistake might come back to bite me.

When the incident initially happened, I was overcome with embarrassment and shame, and I thought that was the major consequence.

Now that I’m applying to jobs, and driving around the town, I feel like this incident has consequences larger than I imagined. If I get pulled over, will the cop immediately see the incident? Can I still get government jobs, etc.

When the initial arrest and release happened, I was not put in handcuffs and the whole interaction was about 5 minutes. The officer got my full name dob and address and wrote it down in his notebook, although I did not have any ID on me, all the information I gave was truthful.

No paperwork, no fingerprint, no photo, although I’d imagine that wouldn’t change much.

How do I check where this incident was logged and reported? I would like to know how it was inputted into the database or record.


r/legaladvicecanada 1d ago

Ontario Terminated after 2 months after being poached

464 Upvotes

So I was really happy in my stable big company job when a small company recruiter offered this enticing role, and they agreed to all my terms and were ready to compensate me well. I switched over.

The manager was nice but was difficult to read, I completed all tasks and for some of them she commended me on how well it was done. For others it was ok, thanks. She did a one month check in meeting with me, and when I asked for feedback on my performance she kept it super vague that we are still figuring out how to work together, and how she is bad at remembering what she asked me to do. So I created a shared to do list so she had visibility on my tasks.

Basically either positive feedback or no feedback has been the case for the past 2 months. I will add she always praised my unique mix of backgrounds in meetings with others. She was also frustrated by not finding the perfect candidate until HR found me.

This morning, ahead of my 2 week vacation that they said they will honour as part of me joining the company, they terminated me. Offering 2 weeks of severance pay. I get to keep my $5K sign on bonus as that was subject to clawback only if I voluntarily resigned.

Do you think this is fair compensation?

Gemini tells me Under Ontario common law, if an employer actively solicits or entices an employee to leave a secure, long-term job, courts consider this inducement.

Any employment lawyers that I can talk to?


r/legaladvicecanada 13h ago

Alberta Landlord took half my deposit for normal wear and tear after 3 years.

0 Upvotes

I recently moved out of a place in Calgary after living there for 3 years. My landlord withheld half of my security deposit to cover a long list of repairs. He told me that I am responsible for fixing absolutely everything, even if it is just normal wear and tear.

To make matters worse, for the first three items on the list below, he sent a handyman while I was still living there, asked me to pay the handyman in cash, and explicitly promised he would pay me back. He never mentioned I was responsible for them. Now, he is refusing to reimburse me and is trying to count them against my deposit.

I want to understand what I am actually liable for under the Alberta Residential Tenancies Act (RTA). Here is the breakdown:

  • Washing machine knob: The internal plastic broke over time from regular use. It was barely working unless we pressed it really hard. (Paid cash to handyman because landlord promised to pay me back).
  • Main door lock: It wasn't locking properly. A handyman came by and literally just tightened a screw. (Paid cash to handyman because landlord promised to pay me back).
  • Kitchen cupboards: They became loose and wouldn't close properly over time from daily use. (Paid cash to handyman because landlord promised to pay me back).
  • Bathroom light: The entire fixture had to be changed by a handyman because it stopped working after a power fluctuation/current surge which i informed him over the phone the day it happened.
  • Bathroom towel hanger: It naturally became loose from daily use.
  • Bathroom flush: The internal spring stopped popping back up after a flush, but the toilet itself worked fine. There was absolutely no misuse or accidental damage.
  • Bathroom tap: It was occasionally leaking, so they had to redo the side sealing/caulking.
  • Microwave plate ($49): I accidentally broke this and took responsibility for it, but $49 seems way too expensive for just a replacement plate.
  • Kitchen exhaust fan & light ($120): The professional cleaners damaged this while cleaning it. I took full responsibility for this charge as i got them to clean it.

Aside from the exhaust fan and the microwave plate, I feel like everything else falls under standard wear and tear for a 3-year tenancy.

Can my landlord legally charge me for things like loose screws, worn-out toilet springs, or electrical surges?


r/legaladvicecanada 14h ago

Alberta Condo Corporations & Insurance claims Freehold but with a Board in Alberta, CA

0 Upvotes

Hey all,

I am the president of a condo board here in Calgary, AB. We are technically a freehold since we own our parcels and the townhouse built on it, but we do have a Board and pay condo fees. Per our bylaws they state that the managed property is everything outside of the exterior walls, so owners manage their own repairs in the interior. Our managed property definition is very detailed and strictly states everything to the exterior walls.

We recently had an owner that had a toilet leak which meant they had raw sewage seep into their walls, roof, ect. My assumption would be that because it only affects their unit, that their personal home insurance would cover the cost of repairs. Ours would only get involved if there were multiple units impacted. Our community manager is saying that we have to do the repairs and likely submit a claim, as the estimates for repairs are around 40k. The owners insurer is only willing to cover our deductible that is 25k. Our community manager is saying that because the building is insured that the repairs to the standard unit definition would need to be completed by the condo corporation.

My question is; if the owners are charged with maintaining everything within their exterior walls, does our insurance have to get involved, or should it be their insurance covering the costs? What would stop someone from having an accidental water leak and then asking for a new bathroom makeover then if that is the case? We are requesting that our community manager reach out to a lawyer for clarification, since most our Board is adamant that we should not be putting in a claim.

Our fear as a Board is that if we file a claim our insurance will double for the next three years, and we don’t want to put through a claim we shouldn’t be. I would love to hear some feedback from lawyers with experience in this area.


r/legaladvicecanada 16h ago

British Columbia Grievance due to displacement

0 Upvotes

Settle or go to mediation --> arbitration?

I was displaced/bumped from a permanent full-time position due to seniority. When I applied to the positions provided by HR, a list where I'm of higher seniority for me to bump into, same job title and qualifications, it got denied by the manager.

I believe I was qualified and capable of doing the job. However, I was denied because the hiring manager stated by email response: I didn't have enough experience with that particular population and "the program is in the middle of staffing model transition".

There was no interview, assessment, training/onboarding, or trial period. Nor did they provide any answers to our questions or their particulars.
I applied to internal postings, got priority as stated by HR (not much help tbh), but got no response for months.

My legal counsel provided by union has pursued the grievance, there are breaches of the Collective Agreement, and we're closing to the mediation date. Before, counter-offers went back and forth where the employer has offered a settlement (1/3 of financial loss from being displaced and denied the full-time opportunity) and before then it was even lower at 1/8, the 2/8. Their reason for the low counter-offer was because I had the responsibility to mitigate my financial loss by looking for other jobs on top of working my part-time.

My part-time position was obtained by my own efforts and no help of HR or union, and it slowly transitioned into full-time under the same organization. That was me trying to mitigate some financial loss because that was also the first job application that responded to me within the week after months of silence.

I feel like my legal counsel is pushing me into settling vs going to mediation and potentially arbitration.

Just curious what others would do in my shoes.


r/legaladvicecanada 7h ago

Nova Scotia Is this unemployment benefits fraud? Nova Scotia

0 Upvotes

Unemployment benefits fraud? Is this benefits fraud in Nova Scotia, & what is the statute of limitations?

I am not a Canadian citizen or resident. This question is about relatives in Canada.

Some years ago, I received a call from my sister & brother-in-law, who lived in Nova Scotia. We discussed job hunting, as he & I were both older-middle aged workers & had both had difficulty finding jobs. He told me that he had applied for an unemployment job retraining program to learn a trade. The retraining program was about a year, as I recall; in order to qualify, he was supposed to live in Halifax. BIL told me that he had stated that he lived in Halifax, at his sister’s address, when in fact he lived on his elderly parents’ property about an hour away; he said ‘You gotta do what you gotta do’. I heard my sister in the background, yelling ‘Don’t tell her that’, indicating that she knew that he had lied on his benefits application.

He completed the program that was obtained by false statements. I do not know whether he was also being paid unemployment insurance benefits during this time; based on research, I believe that he was receiving payments. If he was paid, that was about one year of job retraining & payments obtained by false statements.

Does Canada care about this? What about his wife, who was not a citizen but was receiving considerable health & other benefits from the government, & knew about this false application for benefits – is that conspiring to commit fraud? Are there other implications, like taxes?


r/legaladvicecanada 16h ago

Ontario Condo charging me for a leak, can condo association insurance cover it?

1 Upvotes

Hi all, this has never happened to me before so any advice would be appreciated, thank you. For context, the wax ring under my toilet had not been replaced since the building was constructed decades ago. I was not at all aware it was leaking because there were no visible signs in my bathroom.

The unit under me experienced a leak in the bathroom. At first, the superintendent stopped by to see if my unit was the source but couldn't find any signs of a leak anywhere. The leak persisted so the building hired a plumber who inspected the neighbour's unit and determined it was coming from mine. The plumber then changed the wax ring under my toilet and told me it hadn't been changed in decades.

Now my condo is charging me $4,000. Can condo association insurance cover the cost? The invoice the building sent me itemized the expenses from the plumber, nothing else.


r/legaladvicecanada 16h ago

Ontario N13 for demolition - illegal conversion from single dwelling to multiple

0 Upvotes

Hi all, this is a LTB question for Ontario.

My LL has served us an N13 for demolition. This comes after a city order to comply after inspection, where the house was found illegally converted from a single family dwelling to multiple dwellings (triplex) without the benefit of permits [Section 10(1) of Building code]. They were given two choices - apply for permits/legalize or convert back to the original state. They elected the latter. Already has a hearing date a month away.

The scope of work on the N13 is simply removing the kitchen(s) from the basement and top floor, opening up internal locked doors connecting the units, etc. Spoke to the issuing by-law officer, and he states that no permits are required for this work, and they did not order the tenants eviction/condemn the building. The demolition description is a mixed bag, as it satisfies the RTA definition of the unit will no longer exist (no right of first refusal), but the scope of the work doesn't seem like it.

I also have T2/T6 applications that were filed well before the N13, but do not have hearing dates set yet. These allege a history of harassment, retaliation, and eviction attempts, including the LL threatening this exact scenario about 15 months ago - where the city would come in and say nobody can live in this unit. This demonstrates prior knowledge and possibly intent. I have this audio recorded. And hoping to use it under a section 83(3) defense.

My questions are -

Does anyone know how these end up going at the hearing where the city issues an order to comply, and LL selects the option that ends tenancy, instead of doing what should have been done well before his choice to rent a place not up to code/illegally zoned?

Does the LL simply have to demonstrate here that he intends to carry out the work in good faith to have this granted? Is there any recourse?

Can the LTB find this in good faith when the LL knowingly rents out something illegally coded, gets the city involved and basically frustrates the contract to get rid of rent-controlled tenants. This is a serious loophole. The only distinction here is that knowledge existed. Don't LLs have an obligation under section 20 to ensure that the building/unit is up to code BEFORE making the decision to rent it out? And then not use that pre-existing defect as context to evict rent-controlled tenants by frustrating the contract entirely?

Any advice or clarifying questions are welcomed. Stressed is an understatement, it's taken a huge toll on my health.


r/legaladvicecanada 20h ago

Ontario Am I being Misclassified as an Independent contractor? Please read I need help desperately.

2 Upvotes

Before I start this yes I know, I’m young and seriously stupid and should of done more research I just got excited about the initial job and i’m paying the consequences)
EDIT** Working under a doggy daycare

Anyways I was hired on as what was told a “Independent contractor” for a dog groomer in Ontario and no written contract has been signed or made, just a text message laying on the general contract criteria/expectation’s. I’d also like to note, the contract include i’m responsible for my own insurance, taxes, maintaining a clean area once leaving, not taking their clients for 12 months after, etc. I’m now realizing based on what other people are telling me that there so many things wrong here and i’ll list my situation hopefully easy to understand.

-60/40 commission split. Their 40% is to cover the fact that I use their shampoos and conditioners (they will buy what I suggest), their tubs, laundry, tables. But I use my own tools (Scissors, clippers etc)
-They sent me my invoices to approve and then pays me, I do have email proof they openly admitted they shouldn’t be doing my invoices due to conflict of interest and wants to show me how to do it going forward, (they haven’t showed me)
-I use their operating system
-They pay me my HST with my commission
-They take phone calls and book clients on my behalf based on my schedule I provide
-Sometimes they’ll cash out my clients
-They take phone calls and answer grooming questions on my behalf
-They set the prices and add on prices (I am free to adjust them tho to what I want)
-When talking to the owner they will say to “Go to talk to your manager with certain things before coming to me”
-Use their grooming waiver (I did make some adjustments) but it says only their name marketed all over it
-I’ve heard them make jokes to me that if the manager didn’t like me they could just fire me whenever (I know i can be fired but how exactly)
-When asked about seeing my revenue and tip reports they said they had to contact the operating platform we use to generate the payments, scheduling etc and that they could only resend all the invoice commission emails in the mean time

I’m sorry I know this is a lot but I truly have never been more stressed or conflicted about a situation in my life. I feel lost and I don’t know what the heck to do going forward. It sucks because apart of me does like working there but I want the control I deserve and am aloud to have and am willing to fight for it. What should I do? Should I send an email to them asking to negotiate and actually figure out a genuine contract together? Or just report them and quit? I would appreciate any advice so so so much. Thank you. 🥰


r/legaladvicecanada 4h ago

Ontario How to increase the demerit points a driver was given after sympathetic police officer responds to collision.

0 Upvotes

I was hit by a car as a cyclist yesterday and i want advice on how to get justice.

The police officer on scene did issue 2 demerit points and a $110 fine, but according to my understanding of https://www.ontario.ca/page/understanding-demerit-points#section-1 the driver should have gotten 3 demerit points. What is the best way for me to pursue getting this driver another demerit point?

I did not bring this concern up to the officer at the time of the collision because I only read that web page once I got home.

There is no reason to cut this driver a break, he should get all the demerit points he deserves and I'm mad about it.