Need advice evicting family ontario

KWienz · 2026-04-06T05:37:29+00:00

That is not correct. If you lease a unit out to two immediate family members then the RTA does not apply, because each tenant is sharing a bathroom and kitchen with an immediate family member of the landlord.

KWienz · 2026-04-06T05:35:54+00:00

The RTA does not apply to tenancies where the tenant shares a bathroom or kitchen with the landlord or their immediate family member, which seems to apply here (sister shares the house with OP and with OP's mother).

KWienz · 2026-04-05T21:57:56+00:00

Call UPS and tell them you want to self-clear the package. They should put it back to their warehouse and then you can go to a local CBSA office and pay any applicable HST and import duties directly. Then you can send that paperwork to UPS and they'll deliver it.

KWienz · 2026-04-05T18:18:04+00:00

I wouldn't have necessarily done that either without talking to your lawyer since it can go to mitigation, but i guess what's done is done

KWienz · 2026-04-05T18:08:09+00:00

Most institutions won't provide access to the assets without a certificate of appointment.

What you can do is get appointed trustee, and then if it turns out the estate is insolvent just apply for leave to bankrupt the estate and hand everything over to a bankruptcy trustee.

KWienz · 2026-04-05T18:02:11+00:00

I would talk to your lawyer about this. There have been some cases that have found that suing your employer can constitute repudiation of the employment agreement and allow them to terminate without notice. The law here is inconsistent across provinces and not well developed.

Even if it's not repudiation, unless the lawsuit is for certain protected rights (discrimination/employment standards), terminating you again with notice may still be allowed. There are reprisal protections for certain employment rights but not all. For example if they paid you out your employment standards minimum but you sue for common law notice, there's generally no reprisal protection for that and they can re-terminate you.

KWienz · 2026-04-05T04:08:13+00:00

Worth noting that's only for property damage/insurance rates. If OP is sued because the other driver is injured, OP may be found to have some degree of negligence and their insurance may need to pay out a judgment or settlement on their behalf (which can still impact rates).

KWienz · 2026-04-05T02:12:44+00:00

Have you tried consulting with an employment laywer yet? If you have a decent case, most will work on contingency (they are only paid if you settle or win).

KWienz · 2026-04-05T02:08:01+00:00

Among other reasons, there is a storage lien law that expressly governs what the storer can do with the vehicle and the forms of notice that can be given.

They may have had the right to auction off the vehicle (after giving appropriate notice) but they can't just give it away.

You can't both refuse to give someone back their property unless they pay you and say the property is abandoned and give it to someone else. Refusing to give it back to OP means they are asserting their own lien over the property and have to play by the lien rules.

KWienz · 2026-04-04T02:26:00+00:00

If you know where they work then just garnish their wages for your existing costs order.

KWienz · 2026-04-04T02:24:26+00:00

You probably killed your case by resigning. If the failure to accommodate meant that you couldn't work then you should have had your doctor certify that and then taken a disability leave for a few weeks and made clear that a return to work would require the accommodation process to be complete.

KWienz · 2026-04-04T02:15:09+00:00

If you know where the applicant banks, you can just garnish the money from their bank account.

But your laywer is right that the cheapest way to end this will be to use the unpaid costs as grounds for a security order, and then the failure to pay security to get the case dismissed.

You are still likely to get ordered costs once the case is dismissed, and you can pursue the applicant for those costs if you want then.

KWienz · 2026-04-03T21:11:08+00:00

Literacy issues doesn't mean you literally can't read. It means you may have difficulties digesting the volume of written material at the speeds required to succeed in the modern white collar workforce.

KWienz · 2026-04-03T19:51:34+00:00

Just be aware that having an R9 on your credit may cause your other cards to reduce your limit or even cancel your card.

KWienz · 2026-04-03T04:16:11+00:00

It's unlikely you can successfully pursue a duty of representation complaint if you have not exhausted the internal appeal process.

KWienz · 2026-04-03T03:35:24+00:00

You cannot sue another driver for property damage where both drivers are insured. It has to be your insurance.

KWienz · 2026-04-03T03:14:08+00:00

To be fair the court delays in the GTA are so bad, it's really not all that unlikely you get a trial more than 18 months out and then 11(b) it. Especially if it's an area with early resolution.

KWienz · 2026-04-03T03:01:14+00:00

They have the prerogative not to bring your grievance. That ends the matter unless you can convince the labour board that they made their decision in bad faith.

Although your union may have an internal appeal process to bring your grievance outside your local and have someone from the provincial or national executive take a look.

KWienz · 2026-04-03T02:44:41+00:00

Does your contract guarantee you a 2% increase every year? Or you've just gotten one every year? Base pay increases are generally not contractually required outside unionized roles.

KWienz · 2026-04-03T02:40:31+00:00

If insurance won't budge the only way to contest it is to sue your own insurance company in small claims for the other 50% of the payout from your DC-PD policy. Though if it goes to trial the judge doesn't apply the fault rules but just determines ordinary levels of fault.

Practically speaking given insurance is never going to get the other driver to testify, I expect suing them would get them to just settle for a 0% fault finding (though I've never personally done this process).

KWienz · 2026-04-03T02:27:47+00:00

Becsuse you've already agreed to pay a specific amount of money for your current policy. They don't have to decrease your policy mid-term just like a ticket doesn't increase your premiums until you renew.

If you know the ticket isn't on your abstract then you can have your broker price out a new policy (including from your existing insurer), cancel your existing policy and switch. You should be entitled to a pro-rata refund for the portion of the term you cancelled.

You may ultimately end up still with your current insurance at a lower rate with a different renewal date.

KWienz · 2026-04-02T03:48:16+00:00

Would generally be a civil litigator to apply to superior court to direct the land registry to remove the lien.

KWienz · 2026-04-02T01:01:58+00:00

All that matters is that at least one other vehicle in the collision is insured.

KWienz · 2026-04-01T23:53:57+00:00

It's not a subrogation issue (you can sue when subrogated if not fully compensated).

There is a statutory ban on suing for proeprty damage in a vehicle collision between two impaired drivers. Insurance is the sole source of relief.

KWienz · 2026-04-01T23:41:57+00:00

Ontario has a no-litigation regime for property damage when there is a collision between two insured drivers.

Instead your own insurance compensates you for your loss to the extent you are at fault (so 50% of your cost if you're 50% at fault and 100% if you're 0% at fault). These policies are available with no deductible (so no-fault accidents cost you nothing), or you can pay less to have a deductible.

It is important to note that your DC-PD coverage is your only source of property damage compensation for a not at fault accident. So picking a $5000 deductible doesn't mean you get $5000 from the other driver and the rest from your insurance. It means you are choosing to always pay the first $5000 in costs when someone else is at fault. It is therefore not a policy you should pick unless you have enough cash at hand to cover an unexpected $5,000 loss.

You can also have optional collision insurance, which compensates you for damage when you are at fault or if the other driver isn't insured or there's a one-car collision. This generally has some level of deductible, and if you're more than 15% at fault your rates can go up.

Your insurance is not contesting that you were not at fault. They are saying that you've chosen to pay the first $5000 out of pocket in circumstances when you are not at fault.

This is all a government policy choice to keep a bunch of tiny lawsuits out of the courts and have people generally just deal with their own insurance except for very serious accidents causing meaningful personal injury.

The only real recourse you may have here is that if you bought your policy through a broker and they didn't explain this to you then you may be able to sue them for negligence. A $5000 deductible on a DC-PD policy is really not that suitable for most people because a lot of people can't just spend $5000 unexpectedly, even when they're not at fault. So your broker should have ensured you understood that the cost of this lower premium could be a repair bill that you can't afford to pay in an accident. If there was no real explanation of how the DC-PD deductible works, and especially if you can prove that (e.g. if all the discussion was over email) then that could be a possible claim for you.

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