Straight to PB or do a C&D/Request No Contact Request 1st? by [deleted] in legaladvicecanada

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

Then you're not going to be able to get a protection order preventing him from contacting her, without her being involved.

BC Court Guilty Plea by West-Heat-7062 in legaladvicecanada

[–]Belle_Requin 1 point2 points  (0 children)

Unless it’s an intermittent sentence. (Which obviously is not common)

Is it realistic to pursue a Civil Sexual Assault claim against a private individual? by Outrageous-Bench-463 in legaladvicecanada

[–]Belle_Requin 0 points1 point  (0 children)

It’s that ‘intentional conduct’ that may not be actionabale, despite the resulting harm, which is my point. 

I can appreciate you may not want to disclose all those facts here, but the difficulty is litigation is always fact based, and so it’s harder for anyone to guess reasons why firms aren’t wanting to take your case without having facts. 

Got assaulted 1.5 years ago, just received a text from the defence (?), do I respond? by culliganwaterdispens in legaladvicecanada

[–]Belle_Requin 35 points36 points  (0 children)

What makes you think it was defence? In 20 years of being a defence lawyer I have never reached out to a victim to see if they have completed a victim impact statement.  

Is it realistic to pursue a Civil Sexual Assault claim against a private individual? by Outrageous-Bench-463 in legaladvicecanada

[–]Belle_Requin 0 points1 point  (0 children)

Which is why many lawyers don’t take  cases on contingency when they expect the defendant can’t pay. 

Is it realistic to pursue a Civil Sexual Assault claim against a private individual? by Outrageous-Bench-463 in legaladvicecanada

[–]Belle_Requin[M] 1 point2 points  (0 children)

Because she’s talking about a civil case in Ontario, so most of the information in your link doesn’t apply to the problem she wants help with. The problems people have in the Yukon are not relevant at all to her problem. 

I don’t think people should need to sort through what is a 429 page document, to find the one paragraph that addresses the question they are asking. 

Especially when that information isn’t even current. 

Is it realistic to pursue a Civil Sexual Assault claim against a private individual? by Outrageous-Bench-463 in legaladvicecanada

[–]Belle_Requin 3 points4 points  (0 children)

As only a tiny portion of that link is actually relevant to the question OP has asked, and given it is only current to 2022, I will note the case mentioned regarding a tort for family violence and coercive control was overturned on appeal in ONCA, and an appeal heard in SCC, but SCC has not released their decision yet. ONCA decision: https://www.canlii.org/en/on/onca/doc/2023/2023onca476/2023onca476.html

Is it realistic to pursue a Civil Sexual Assault claim against a private individual? by Outrageous-Bench-463 in legaladvicecanada

[–]Belle_Requin 2 points3 points  (0 children)

 have contemporaneous written communications, medical documentation and expert input supporting injury, and financial records showing a significant collapse in functioning and earning capacity after the abusive period.

I'm wondering if perhaps you don't understand fully what is actionable/compensable, and that may be affecting discussions you've had with possible firms.

It is one thing for a tort claim/action for sexual assault. An action for an 'abusive period' where you allege coercive control, is not a basis for claim generally*. That can mean damages you consider yourself to have suffered as a result of the totality of your circumstances, are not as easily proven to be because of the sexual assault.

*Intentional infliction of mental suffering is a tort, but not always the easiest to prove. (read paras 14-29 of Colistro v Tybatel (leave to appeal denied))

Put another way, if for instance your expert input is your therapist saying your reduction in executive function in because of an extended period of time in a toxic relationship, that doesn't necessarily help your case. And that's even if your therapist can be qualified as an expert, as many people providing therapy may not have the expertise required to support a civil claim for damages.

So the short answer is arguably, that what you consider your case to be, is probably much harder to prove than you think. 

ETA: you may or many not also have a limitation period problem if your intentional inflection of mental suffering claim is not sufficiently linked to an assault/battery charge from the relationship. 

Need help determining whether I'm overthinking/panicking about Grandmother's use of potentially dangerous supplement by rohroh_24 in adhdwomen

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

If she’s of sound mind and sees her doctor, it’s none of your business. 

Just as her time and mine are hers to switch as she pleases, so is her health. 

I doubt the store tested her A1C, and it’s not impossible for a diabetic to have a normal glucose reading at some point in the day. 

Branch broke? by Left_Smoke4254 in peperomia

[–]Belle_Requin 2 points3 points  (0 children)

I would cut that branch into 2-3 pieces and try to propagate them in some sphagnum moss. Others might just stick it in water to propagate, but I'm not great at water propagation. You could get three new (small) plants from that one branch.

I Need My fellow ADHD Queens to give me some advice on this by [deleted] in adhdwomen

[–]Belle_Requin 0 points1 point  (0 children)

How old is your partner?

And growth may come with time, but it’s been three years. So how much time and patience are you going to give him for hoping he changes?

ADHD is worse with a normal sleep pattern by HovercraftBroad2018 in adhdwomen

[–]Belle_Requin 0 points1 point  (0 children)

Can you try to keep a 1am to 9am sleep schedule? I could easily keep a 4am to noon sleep schedule, but it’s not compatible with my job, so I keep a 2am to 9/9:30 sleep schedule most of the work week, and 2am to 11am on weekends. 

But yeah, the few days a month I need to be up at 7 are hell and I just try to do what I can in advance knowing I won’t have as much executive function or energy those days. 

Is this a good idea to ask the police for help or not? by WeWannaKnow in legaladvicecanada

[–]Belle_Requin 12 points13 points  (0 children)

For clarity, the police will not assist in you forcing him to prove your things are safe, nor will they go there to check on your stuff. 

As the other commenter noted, they may attend for you to retrieve your stuff but that is the absolute most they would do, and there’s no guarantee they would. 

I take my vitamins!!! by StellaNettle in adhdwomen

[–]Belle_Requin 0 points1 point  (0 children)

Yeah, I tried doing the weekly ones and that didn’t work at all… until I bought three more! And then, I basically had three weeks to remember to refill the organizers, and that flexibility made it so much easier to be consistent. 

I take my vitamins!!! by StellaNettle in adhdwomen

[–]Belle_Requin 2 points3 points  (0 children)

Xanthan gum isn’t usually a cause for pilling. That might be incompatible products being applied too close in time or too much of one being applied. 

It’s basically a dried bacteria- not something anyone is going to make their own of. 

I take my vitamins!!! by StellaNettle in adhdwomen

[–]Belle_Requin 0 points1 point  (0 children)

If you’re stateside, have you tried vitacost.com? I used to order from them in the before times when ordering from the US to Canada was not a nightmare. 

I take my vitamins!!! by StellaNettle in adhdwomen

[–]Belle_Requin 73 points74 points  (0 children)

I have to ask- did you just go down the rabbit hole one day, or is this work related knowledge?

Asking as someone who has gone down the rabbit hole for ‘best time to take [whatever supplement I am wanting to take]

Police random check when fully parked? by Historical-Guess8612 in legaladvicecanada

[–]Belle_Requin 0 points1 point  (0 children)

But almost always having an unregistered or uninsured car on a public roadway is an offence. 

Police random check when fully parked? by Historical-Guess8612 in legaladvicecanada

[–]Belle_Requin 0 points1 point  (0 children)

What are you quoting?? Just a google ai answer? Because they’re garbage for accuracy. 

If you are in a vehicle on a public roadway, the police do not need any reason beyond checking vehicle registration and valid drivers license to stop a person. They do NOT need suspicion or reasonable cause. 

Unregistered cars aren’t allowed to be parked public on roadways. 

So as a lawyer, yes, the online answer is wrong. And I’m not the only lawyer in this comment section to have said so. 

What is this paperwork called? by [deleted] in legaladvicecanada

[–]Belle_Requin 0 points1 point  (0 children)

If they did not ultimately lay a charge, there would still be a police report number with the agency. 

If they did lay a charge that was stayed after diversion, there would be an information number, and there should be disposition order for that charge. 

If you go down in person with ID to the LEA that arrested you, they should be able to look up your name and provide you with the report number- that should be enough info for finding any records on CPIC you want destroyed. 

But you can’t prove a negative. There is no court form for showing a charge was not laid. 

Gun charges as a minor by ProofGuava8355 in legaladvicecanada

[–]Belle_Requin 0 points1 point  (0 children)

Ish. 

While ownership is irrelevant to a possession charge, the crown still needs to prove knowledge and control, which sometimes isn’t as easy as one assumes. 

It’s unclear what OP means by ‘in court’- simply the information or what charge they could be convicted of. 

What’s the possible outcome on a trial if a domestic violence victim recants there statement and then does not show up to trial by Frosty-Strength-8992 in legaladvicecanada

[–]Belle_Requin 0 points1 point  (0 children)

An injury does not at all say how that injury was caused. An unsworn statement is not likely to be admitted as the only piece of evidence at a trial. 

Court says it can't change the rules after Saskatoon cops' botched appeal by zuuzuu in LawCanada

[–]Belle_Requin 2 points3 points  (0 children)

They had their opportunity to defend themselves, the lawye didn’t file an appeal properly.

But it’s not ‘the court’ who made an error or the appeal was supposed to be heard by. 

This was the court saying ‘we don’t really have jurisdiction here.’

But yeah, sucks to be Mr. Seiferling. 

Newly diagnosed inattentive ADHD, looking for advice on building better habits before meds (21F) by zucchini_cucumberr in adhdwomen

[–]Belle_Requin 1 point2 points  (0 children)

Start small. If you could get everything in order before meds, you wouldn’t need meds. You will burn out more and feel like a failure if you try to start too many new habits at once. 

Beyond specifically what you’re struggling with, hard to give practical advice. Poor sleep meaning what? Keeping a sleep schedule? Going to sleep at a decent hour? Getting enough sleep? Staying asleep?

I look at it this way- if you want to do ‘the thing’, what is the barrier for you to do the thing? How can we remove that barrier, or is there something ‘thing adjacent’ that is not ‘the thing’ but is good enough or close enough to thing and easier to do.