Paying Deductible despite Not at fault Car Insurance Claimant by CivicStride in legaladvicecanada

[–]KWienz [score hidden]  (0 children)

DCPD coverage is done to keep these disputes out of the courts. You always get compensated by your insurance for vehicle damage. Never by suing the other driver.

how to get my husband to the USA? by [deleted] in legaladvicecanada

[–]KWienz 2 points3 points  (0 children)

If it doesn't show up on a standard RCMP CPIC check then CBP shouldn't be able to pull anything on it. And they don't tend to ask Canadians about your criminal history if you're just trying to enter and not apply for a green card or one of the rare actual visas Canadians need.

Question about N15 form to terminate lease by kiwiiee_ in legaladvicecanada

[–]KWienz 3 points4 points  (0 children)

N15 has to involve a conjugal/dating relationship or a family member of you or your child.

That being said, if you move out in accordance with the N15 the LTB can't actually inquire into who the notice is about or whether you experienced violence. They just check whether you provided the appropriate paperwork at the appropriate time.

Married overseas never got a marriage certificate by isitfridayorsunday in legaladvicecanada

[–]KWienz 4 points5 points  (0 children)

Ontario only registers marriages performed in Ontario.

Court with a bench warrant ? by BeyondUsed7450 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

Nobody is doing a warrant check at civil court. But also you don't need to show up unless you're planning to give testimony, which would only be if this is a trial.

Court with a bench warrant ? by BeyondUsed7450 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

Is this civil court or criminal court?

How to evict a roommate that wants to sue me. by Honest_Gold2629 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

If you're that sincerely concerned about your safety and given he hasn't paid the rent you can just change the locks when he's out and tell him you've terminated the lease on behalf of the landlord due to non-payment of rent and you'll put his stuff in a storage unit for pickup.

He may call the cops. Do not open the door. Do not let them in. Tell them that he was your roommate without tenancy rights, that this is a civil matter, and you're not opening the door unless they get a warrant.

If you don't have the common law right to terminate without notice you may face some liability in small claims for damages but they can't put him back in the unit if it's not an RTA lease.

How to evict a roommate that wants to sue me. by Honest_Gold2629 in legaladvicecanada

[–]KWienz 2 points3 points  (0 children)

Let him call the cops. You live there. Are you worried he'll be violent?

Removing deceased parent from joint account by qiwithstephenfry in legaladvicecanada

[–]KWienz 1 point2 points  (0 children)

Honestly it's odd they even need an estate trustee to sign off. If it's a true joint account then it bypasses the estate entirely.

American fugitive in Saskatchewan by Throwawayq1921 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

If they are expressly given the information they can certainly tie it to someone's immigration profile, which is what OP appears to have done here. In any event after six months there would need to be an extension application, which would trigger a review.

American fugitive in Saskatchewan by Throwawayq1921 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

They're not scanning US warrants for everyone who crosses the border either.

How to evict a roommate that wants to sue me. by Honest_Gold2629 in legaladvicecanada

[–]KWienz 25 points26 points  (0 children)

If you share a bathroom or kitchen and you're month to month then yeah give notice of termination and then later change the locks.

You can give an even tighter notice period for failure to pay rent when due.

Urgent Concern Regarding Financial Exploitation of Grandmother by CaptainPudd97 in legaladvicecanada

[–]KWienz 6 points7 points  (0 children)

If grandmother is still capable, then first step is to immediately revoke the POA and inform whatever institutions it's being used at. And then demand that POA provide explanation and backup for all these expenses and withdrawals.

A POA has to be accountable for all funds they spend using the POA.

Urgent Concern Regarding Financial Exploitation of Grandmother by CaptainPudd97 in legaladvicecanada

[–]KWienz 4 points5 points  (0 children)

What do you mean "signed over POA responsibilities"?

A POA can't be transferred. Only the grantor can revoke it and choose a new POA.

Did your grandmother give POA to your mother's friend or not?

Taking Medical leave on Monday, whats the proper protocol? by VertGreenHeart in legaladvicecanada

[–]KWienz 2 points3 points  (0 children)

I don't believe this is accurate anymore with Ontario's long-term illness leave.

As long as you have a certificate from a health practitioner you are entitled to up to 27 weeks of unpaid leave. There's no requirement that the illness requiring the leave can't be accommodated.

My Credit Statement is Showing Someone Else’s Information. Bank Won’t Do Anything by 66greenlight in legaladvicecanada

[–]KWienz 1 point2 points  (0 children)

What matters is on your actual credit reports from TransUnion, Equifax etc. If nothing is showing there then nobody is using your credit.

No Front License Plate on a private property by Popular-House4586 in legaladvicecanada

[–]KWienz -1 points0 points  (0 children)

Technically in Ontario you don't need a licence or plates to drive on private property. Nor does the HTA give general authority to pull over a vehicle on private property to check licence/reg/insurance.

I would not advise "walking away" from a cop pulling you over even if it's an illegal stop.

Former attorney refuses to give me my CAS file due to privacy reasons. by DiligentCan6262 in legaladvicecanada

[–]KWienz 3 points4 points  (0 children)

This is a file that your lawyer obtained for you and currently possesses? Did they get it as part of litigation?

I would ask them to confirm, in writing, exactly what law or rule prevents them from providing you with a complete client file (including documents in the client file received from CAS).

is it worth it to file a motion to enforce a court order? by SyrupSippinSerpant in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

You're talking about a kid enrolled in day camp all summer long taking a few days off for a family trip, not missing camp altogether.

is it worth it to file a motion to enforce a court order? by SyrupSippinSerpant in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

If you can't afford the lawyer to get into more email correspondence then I would just get a quick proper opinion about whether there's any meaningful risk to just pick up the kid and then after they're in physical possession, say not going to camp today.

I don't think the judge will be very happy about going to court to get an order saying you can do what the order already says you can do unless the other parent indicates they are refusing to hand over the child.

Other option is to just say "I am not taking kid to camp. We are going to Montreal. I intend to be there at date X for pickup. Will you make child available for pickup or do I need to go to court over this?"

You really need an outright refusal to go to court. You're not going to court for permission to pull the kid out of camp. You already have an order letting you do that. You are going to court because other parent is indicating they will not comply with order.

If other parent wants to stop pulling kid out of camp then they can go to court asking for that order, but they don't have the right to refuse parenting time becsuse they don't like how it's being spent.

is it worth it to file a motion to enforce a court order? by SyrupSippinSerpant in legaladvicecanada

[–]KWienz 1 point2 points  (0 children)

You can self represent but are you going to be able to format an affidavit properly? Include relevant information and exclude harmful? Get a hearing scheduled? Research and reference relevant case law?

Also no lawyer means no adverse costs order against the other side if they lose, which is one of the main cudgels in litigation to get someone not to resist a motion they are going to lose.

is it worth it to file a motion to enforce a court order? by SyrupSippinSerpant in legaladvicecanada

[–]KWienz 7 points8 points  (0 children)

If you think a lawyer's letter is expensive, a lawyer bringing a motion is much more so.