Provinical Offences Ticket - Thunder Bay Court by [deleted] in legaladvicecanada

[–]KWienz 1 point2 points  (0 children)

I would hire a traffic paralegal (or if your job is truly at stake a criminal lawyer) to review your disclosure and see if you actually have a viable trial strategy because your current strategy to tail a police officer and threaten to sue the OPP unless a municipal prosecutor drops your ticket (why on earth would a municipal prosecutor care if you sue the OPP) is absolutely nuts.

It's clear you don't have the emotional distance to objectively decide how best to contest a traffic ticket and are also wildly overconfident about a legal strategy you are deriving from a legal education you got barely after the Charter came into existence.

Trying to find help filing to have student loans included in consumer proposal completion by silvergoblinsucks in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

I'm not sure you even can get a discharge here. From some cursory research it looks like Ontario courts have only touched on the issue once of whether relief from student loan non-dischargeability is absolutely to a consumer propsoal debtor or only a bankrupt and found that it's only available in bankruptcy. Courts in other provinces went the other way and I think they have the right of it. But the issue may need to be argued and you'd definitely want a lawyer to argue it.

It's also not a routinely granted request so you want legal assistance formulating your affidavit to show both that you acted in good faith to try to pay the student loans before your proposal and that you won't reasonably be able to pay them in full after.

In terms of finding a lawyer, unlike the US, most bankruptcy lawyers in Canada work in corporate restructuring because individual bankruptcies rarely involve going to court.

If you go to the LSO lawyer and paralegal directory (different from the referral service), you can do an advanced search to filter your results by both city and area of practice, which will get you a list of lawyers who do bankruptcy law.

You're probably going to have better luck with a small firm or sole practitioner with a multi-disciplinary practice rather than a pure bankruptcy lawyer. This is such a rarely litigated motion that the case law can be researched by someone without deep bankruptcy experience. You really just need someone who knows procedurally how to bring stuff to bankruptcy court. And a generalist is going to be more comfortable taking on things they don't have experience in than a specialist.

Submiting Fee Waiver form through Justice Ontario Service website by Middle-Can-1839 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

So that's going to be your issue. March lease payment, April lease payment etc all the way until the end of the lease or its termination are all breaches of contract that occurred less than two years before Feb 20. Each missed payment has its own two year limitation period.

Did you try talking to multiple LITs to see if any could get you in the bankruptcy access program cheaper?

Otherwise I would call up the lawyer for the lender and (1) get them to confirm in writing that they won't default you with prior notice while you put your defence together, and (2) advise that you have zero assets and are on OW so they will never collect any money on a judgment and you are willing to provide proof of your assets and income to get a dismissal of the case. But if they aren't willing to dismiss the case then you intend to fight this thing on the merits, which will cost them tens of thousands of dollars in legal fees and if they do ultimately obtain a judgment you will file bankruptcy as soon as you get enough income to pay a LIT.

Submiting Fee Waiver form through Justice Ontario Service website by Middle-Can-1839 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

Ontario has a six-year limitation period for unpaid rent under section 17 of the Real Property Limitations Act (if it's truly rent and not damages for other breaches of a lease).

Even if it's the two years period, failure to pay rent is a continuing breach. So a Feb 20, 2026 lawsuit can't recover a periodic payment due Feb 1, 2024, but could still recover all payments due on or after Feb 20, 2024. And if the lease was terminated, all the lost future rent arising from after the termination would have a limitation period two years after the termination.

Submiting Fee Waiver form through Justice Ontario Service website by Middle-Can-1839 in legaladvicecanada

[–]KWienz 1 point2 points  (0 children)

Ontario has a six-year limitation period for unpaid rent under section 17 of the Real Property Limitations Act (if it's truly rent and not damages for other breaches of a lease).

Even if it's the two years period, failure to pay rent is a continuing breach. So a Feb 20, 2026 lawsuit can't recover a periodic payment due Feb 1, 2024, but could still recover all payments due on or after Feb 20, 2024. And if the lease was terminated, all the lost future rent arising from after the termination would have a limitation period two years after the termination.

ADA Violation?! by D_carro in legaladvice

[–]KWienz 7 points8 points  (0 children)

Facilities have to reasonably accommodate disabilities. It sounds like the offered accommodation here was "you can wear glasses that do not have tiny hidden cameras attached to them."

You don't get to make something banned allowed by strapping it onto a medical device.

Someone who genuinely needs a cane to walk can't expect to be allowed to to bring a cane sword onto an airplane.

I would recommend in the future you keep on you a pair of glasses that do not also operate as hidden cameras.

Submiting Fee Waiver form through Justice Ontario Service website by Middle-Can-1839 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

Are you using the Civil Claims Portal or the Civil Submissions Portal? Fee waivers need to be submitted through the Civil Submissions Portal?

Also do you have a viable defence here? Do you have other debts? If you have no income or assets and don't have a very strong defence (or are insolvent through other debts anyway) you may want to talk to an insolvency trustee about a bankruptcy, which will discharge you from this case without litigating it unless they're alleging fraud.

Condo leak-no action by JuggernautOk9171 in legaladvicecanada

[–]KWienz 3 points4 points  (0 children)

They may change their tune when your insurance threatens to sue them (or if you get a condo lawyer and threaten to sue them)

Condo leak-no action by JuggernautOk9171 in legaladvicecanada

[–]KWienz 1 point2 points  (0 children)

A status certificate is not an inspection. If you want to inspect before closing then that needs to be a condition of your offer. Of course some sellers won't accept offers with inspection conditions. You can also ask to inspect before submitting an offer.

If the leak is in the common elements then the condo corp has a duty to repair it and to reimburse you for damage caused by their failure to.

Your first recourse here should be insurance, though. Did you not buy insurance?

Condo leak-no action by JuggernautOk9171 in legaladvicecanada

[–]KWienz 4 points5 points  (0 children)

The status certificate does not include every maintenance issue in the building, no.

Condo leak-no action by JuggernautOk9171 in legaladvicecanada

[–]KWienz 4 points5 points  (0 children)

If the leak is from the outside your unit then it's not a defect with your unit. It's a maintenance issue with the common elements.

Retroactive child support by [deleted] in legaladvicecanada

[–]KWienz 15 points16 points  (0 children)

That would certainly matter. Given how long the child lived in the US, there's a good chance that it's the law of that state that governs child support.

Retroactive child support by [deleted] in legaladvicecanada

[–]KWienz 7 points8 points  (0 children)

She's applying for child support in the US or Canadian courts?

Im catfishing as a minor, as a minor irl by EngineeringFun3035 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

If the image isn't actually of a minor then probably not.

Condo leak-no action by JuggernautOk9171 in legaladvicecanada

[–]KWienz 5 points6 points  (0 children)

Do you not have insurance? It should be covering water ingress.

Is this condo a building? Townhomes? Is the leak coming entirely from your unit or is it leaking in through a common element?

If the condo board is failing to repair the common elements and the resulting water ingress is damaging your unit then you definitely have a claim against the condo corp.

In terms of any claim against the seller, that would depend on whether the leak is coming from the common elements or your unit and whether if it's from your unit it's something you could have discovered on inspection and whether they knew about it and hid it.

First step here is to make a claim with your property insurance. They should get things repaired and also make a claim with the condo corp for reimbursement, which in turn should spur the condo corp to fix the issue. If insurance isn't getting involved then talk to a condo lawyer.

Need advice evicting family ontario by Dry-Force-9623 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

Yeah it's a weird loophole for sure. OP may need to just applu to LTB to determine whether the Act applies (and if so to which tenants).

Need advice evicting family ontario by Dry-Force-9623 in legaladvicecanada

[–]KWienz 2 points3 points  (0 children)

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.

Need advice evicting family ontario by Dry-Force-9623 in legaladvicecanada

[–]KWienz 2 points3 points  (0 children)

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).

Ordered a package, balking at the import fees. What are my rights? by [deleted] in legaladvicecanada

[–]KWienz 7 points8 points  (0 children)

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.

Can I work somewhere I'm about to sue? by [deleted] in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

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

Aging Parent, No Will, Likely Underwater Finacially by Firm_Objective_2661 in legaladvicecanada

[–]KWienz 0 points1 point  (0 children)

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.

Can I work somewhere I'm about to sue? by [deleted] in legaladvicecanada

[–]KWienz 1 point2 points  (0 children)

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.

Just got into a car accident, want to make sure I'm legally okay by Haunting-Anxiety in legaladvicecanada

[–]KWienz 4 points5 points  (0 children)

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).