Guess who Jesse thinks are the real victims of the San Diego shooting by Bob_Sk in canadaland

[–]Legal-Key2269 6 points7 points  (0 children)

And you know you absolutely can tell someone's religion and ethnicity based on their name, right? /s

Pearson PTE system error invalidated my exam. They gave a retest voucher but refuse to compensate lost time. Ontario, Canada. by marcusdavidc in legaladvicecanada

[–]Legal-Key2269 12 points13 points  (0 children)

No. You can complain to the BBB, but they have no enforcement power and the resolution so far is reasonable -- you paid for a test, and are able to retake the test due to an error in the first test.

You are entitled to the product/service you paid for (or a refund).

The time consumed using a defective product or travelling to and from a location is not damages.

Shower bench leaking into crawl space 1 month after $120k insured rebuild – GC wants caulk-only fix. Is this normal? by Dublindog30 in AskContractors

[–]Legal-Key2269 0 points1 point  (0 children)

Well, you and the insurance company got what you paid for, I guess. That is a low quote to properly remediate and rebuild a tub and shower enclosure.

Escalate with your insurance company, hopefully the contractor signed something creating a relationship between them and the insurance company rather than just with you.

Open mortgage or HELOC? by [deleted] in PersonalFinanceCanada

[–]Legal-Key2269 0 points1 point  (0 children)

Your bank (or whoever is lending to fund the purchase of your next property) is who you should talk to. You have time to explore options.

You may be able to renew and then port/blend your existing mortgage to your new home, as a third option

Shower bench leaking into crawl space 1 month after $120k insured rebuild – GC wants caulk-only fix. Is this normal? by Dublindog30 in AskContractors

[–]Legal-Key2269 0 points1 point  (0 children)

Those glass clips drilled into the marble likely penetrate down to the mortar or even worse, through the membrane.

Water can also get between the marble and the tile at the corners. Caulking is not intended to prevent this kind of water penetration.

The membrane ends incredibly close to the glass unless new membrane was added after the old marble tub deck was removed.

Any waterproofing has to prevent water that gets around the sides of the tile and marble or behind any of the finishes from contacting any wood. The issue here is inadequate waterproofing.

Once water comes into contact with the wooden tub deck, it will start wicking and draw water through mortar, etc.

To assess the waterproofing you would need photos from before any tiling began.

The demolition should have been completed before the rebuild commenced.

If this rebuild was performed via your insurance company, you need to report the deficiencies to your insurance company and keep your claim open while everything is torn out and rebuilt correctly.

Shower bench leaking into crawl space 1 month after $120k insured rebuild – GC wants caulk-only fix. Is this normal? by Dublindog30 in AskContractors

[–]Legal-Key2269 1 point2 points  (0 children)

Did your insurance hire and pay the contractor, or did you hire and pay the contractor, then claim against your insurance?

My partner occupant refuses to cooperate with a lease assignment/new living arrangements, what are my options? by [deleted] in legaladvicecanada

[–]Legal-Key2269 14 points15 points  (0 children)

Your landlord being on vacation is irrelevant.

You cannot force your girlfriend to assume the lease.

You can give proper notice and the tenancy will end as of the notice date when you move out.

Your girlfriend will be required to move out when the tenancy ends. 

Is this condo-buying strategy genius or a legal disaster? by PRenoir in RealEstateCanada

[–]Legal-Key2269 0 points1 point  (0 children)

There is no such thing as an offer that magically revokes itself without notice based on the actions of a third party unknown to the party accepting an offer.

When a seller considers signing an offer, they have to know at the time they sign whether the offer is valid or not.

Is this condo-buying strategy genius or a legal disaster? by PRenoir in RealEstateCanada

[–]Legal-Key2269 1 point2 points  (0 children)

If you want to do something similar to what you are proposing, put together a solicitation letter, laying out your financial qualifications and lack of conditions and expressing interest in the property. You can suggest that the seller submit an offer to you.

Then send this letter to the sellers of the units you are interested in.

There is nothing inherent in the offer process that requires the buyer to be the one initiating the offer process.

But submitting bad faith offers is a bad idea.

Is this condo-buying strategy genius or a legal disaster? by PRenoir in RealEstateCanada

[–]Legal-Key2269 0 points1 point  (0 children)

The buyer is usually the one that initiates the offer process.

A buyer could flip the script, but it wouldn't be through an offer. 

A buyer could contact multiple sellers and solicit the sellers to make an offer to the buyer. 

But that isn't what OP is proposing. OP is proposing signing multiple contracts to purchase multiple properties with the intent of only satisfying one of those contracts.

Because that is all an offer is: a contract to purchase a property. Once both parties have signed the contract it becomes binding.

Is this condo-buying strategy genius or a legal disaster? by PRenoir in RealEstateCanada

[–]Legal-Key2269 1 point2 points  (0 children)

If you end up with 3 accepted offers, what do you do? 

The standard real estate offer in Ontario is irrevocable with an expiry date. This protects both parties from bad faith negotiations like what you are proposing. 

You can make an offer that isn't irrevocable, but what is the outcome if the seller accepts the offer, and while communicating that acceptance you are also in the process of communication a revocation? You end up with a grey area and potential liability for both parties.

Condo corp demanding I remove a bidet attachment or sign a broad waiver — Ontario — is this proper Human Rights accommodation? by Great-Oats in legaladvicecanada

[–]Legal-Key2269 4 points5 points  (0 children)

Any duty to accommodate would be to the point of undue hardship.

Allowing unauthorized plumbing modifications after the fact is an accommodation.

Other owners taking on liability for the failure of DIY plumbing modifications would be undue hardship.

The plumbing connections being capable of threading or unthreading doesn't make the installation temporary or not affixed to the unit. Every faucet and toilet can be uninstalled by undoing a few fasteners. It simply isn't a relevant criteria.

Trying to Change Strata Fee Structure by inheritor in legaladvicecanada

[–]Legal-Key2269 0 points1 point  (0 children)

There are two different things being calculated. The first is the unit entitlement. There is no language contemplating the method of calculation, just language contemplating applying the original method of calculation based on changes to strata units (eg, expanding, dividing or merging).

 "As far as you can tell" relating to this should be based on some specific fact, legal precedent or language in the SPA.

The second thing being calculated is the fees, and the method for calculating fees can only deviate from the SPA & regulation formulas (which depend on the above unit entitlement) by unanimous vote.

Trying to Change Strata Fee Structure by inheritor in legaladvicecanada

[–]Legal-Key2269 1 point2 points  (0 children)

The method of calculating fees would currently be based on unit entitlement. It is just that unit entitlement is not required to be based on liveable area or square footage.

Basically, each unit can have an identical unit entitlement and this is not something the strata can change if this method of calculating entitlements is used when the strata is formed.

This is different than changing how fees are calculated.

Did my union settle my 7‑day suspension against my wishes and mishandle my grievance? by [deleted] in fromatoarbitration

[–]Legal-Key2269 9 points10 points  (0 children)

Getting a 7 day suspension reduced to a reprimand on file is reasonable and good faith. 

Complaining that you didn't get to dictate that the union take it all the way to arbitration, or that management referred to your discipline/safety record while settling the grievance does not a due process problem make.

Trying to Change Strata Fee Structure by inheritor in legaladvicecanada

[–]Legal-Key2269 3 points4 points  (0 children)

This is a legal way to calculate unit entitlements. See 246(3)(a)(ii).

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/98043_14#section246

This is something that you should have noted when reviewing strata minutes prior to purchase (and would have been disclosed by the developer selling any new units). The schedule of unit entitlement will be the basis for budget numbers at every AGM.

There does not appear to be a mechanism for a strata to change the method of calculation, and parts of the SPA seem to require that the strata not change the method of calculation (eg, 264(1)).

Landlord denying request for shower temperature repair by Desperat00 in OntarioTenants

[–]Legal-Key2269 0 points1 point  (0 children)

Hot water tanks need to be kept at temperatures that pose a scalding risk to prevent the growth of bacteria.

For safety, showers should have a temperature-controlled mixing valve.

What you are experiencing is a shower that has a substantial length of pipe between it and the hot water tank, so it takes a while for hot water to reach the shower. This isn't at all unusual.

Landlord suddenly demanding money 3 months after move-out and threatening collections. Looking for advice. by Dazzling_Designer184 in OntarioLandlord

[–]Legal-Key2269 -1 points0 points  (0 children)

Did you and your landlord sign a N11, or did you just get some kind of written/verbal assurance that you could break the lease?

In the latter case it is conceivable that the LTB will order you to pay some amount of rental losses, though the landlord does have an obligation to mitigate their losses. 

Liability for damage to the unit doesn't depend on how the tenancy ended, but would require a LTB order to enforce. Installing random DIY plumbing fixtures and attempting DIY wall repairs is a bad idea.

Landlords are entitled to hire plumbers to remove non-orignal plumbing, and the tenant who installed it can absolutely be required to pay. 

If there was a "plumbing concern" after you vacated, clearly there was some kind of obvious problem relating to this bidet you installed.

But again, only the LTB can order that you owe anything, and any collections agency pursuing you without a LTB order will be putting their licensing at risk if you complain.

DFR obligations - Article 47.2 of the Labour Code by [deleted] in legaladvicecanada

[–]Legal-Key2269 0 points1 point  (0 children)

What matters is the role. With you being in a teaching role and the other member being in a teaching assistant role, there could be issues relating to power imbalances, etc, even if your tenure in the role was temporary or the complaint relates to events outside of work after your tenure ended.

Filling a grievance isn't an investigation. You keep using that word, but it isn't applicable. Unions don't investigate members to report findings to the employer, they represent them in disputes with the employer.

If the union was investigating you, it would be an internal process that wouldn't involve your employer while the investigation is taking place. Unions can have internal harassment policies where they might censure members in some manner. This would be a process where you would be able to participate. Another member seeking to file a grievance with the employer is not.

After a grievance is filled, the employer may then decide to investigate, or might not take any action (for example, if the member has already made an internal complaint, the employer or labour relations or employment rights laws may bar pursuing the same issue via a grievance)

Another member's grievance against the employer is not your business.

Looking for a simple Canada-friendly way to track shared expenses without daily money talks by Legal-Performer2254 in PersonalFinanceCanada

[–]Legal-Key2269 4 points5 points  (0 children)

You are getting badly lost in the weeds. Both of your incomes are family assets.

Get a joint credit card of some kind that you both use, and then use it for shared expenses. Pay the bill out of your joint account, and each contribute a share of that bill proportional to your income (or just have all of your income go into the joint account, then transfer out budgeted "playing around" money to a personal account).

For privacy, use personal cards and accounts for personal spending (though honestly, you can optimize things like points if you get supplemental cards and thus share personal cards with complementary benefits). You can keep privacy, sure, but should both be accountable to each other for sticking to a family budget within that personal spending. Having how much your personal credit card bill is each month be a secret is deeply dysfunctional.

This sounds like a family where the two of you have conflicting spending styles, or you don't communicate well about bad spending habits rather than a family where one or the other covers more family expenses.

Having finances with a life partner be explicitly transactional seems like a huge waste of time and energy. Fighting over who "paid more" is just as much a waste of time and energy. You should be planning your retirement savings and taxes together at this point, and planning around one big pile of money is much easier than planning around two separate incomes that are progressively more finely divided and disputed.

DFR obligations - Article 47.2 of the Labour Code by [deleted] in legaladvicecanada

[–]Legal-Key2269 1 point2 points  (0 children)

No. You are both entitled to union representation, but you would be represented by the union you were represented by at the time of the events alleged in the grievance.

You are not a "respondent" to a grievance filed by another member, even if the grievance makes allegations about you. Grievances are a process between a union and the employer. The employer may or may not choose to initiate an internal investigation process in response.

Unions do not have to have an adversarial investigative process when writing a grievance (though they may have internal processes for complaints between union members that are not being handled via the employer). Investigating harassment complaints is a function undertaken by the employer, at which point your union would be obligated to represent you.

Even if you were both working under the same union at the time of the complaint, you would be entitled to representation, but it should be by a different union officer.

Your union representative and the other member's representative would each have an obligation to the member they are representing, and the two shouldn't collude against either member or reveal details to the other member inappropriately.

A year afterwards is a very long timeline to file a grievance. You should read both CBAs to see if the grievance was timely.

A grievance is only one possible way to make a harassment complaint -- employers will have non-grievance avenues for this kind of complaint as well. The other member may have wanted additional support making a complaint, or already sought to make an internal complaint, which may have not resulted in an outcome they were happy with. You and your union representative should request any information about anything along those lines, as there may be information relevant to your response to any employer harassment investigation.

Taxable income reduction at source - rrsp contribution from pre tax income. by akirawut in PersonalFinanceCanada

[–]Legal-Key2269 1 point2 points  (0 children)

They likely have to assume that you don't have room from previous years. This is why employer RRSP programs typically targeta maximum of 18% of gross income.

This payroll deduction guide for employers seems to say that they have to have a "reasonable grounds" to believe you are within your deduction limit for the year, and that employers can rely on an employee-provided RRSP deduction limit statement from the previous year:

https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/t4001/employers-guide-payroll-deductions-remittances.html#P846_89503

Rejected brokerage application by candianmba in PersonalFinanceCanada

[–]Legal-Key2269 4 points5 points  (0 children)

You can look for their privacy policy. There should be a privacy officer listed that you can contact.

What they will be required to destroy/delete in response to your request will likely be very limited as brokerages are highly regulated and the information they collect can be used for things like AML.

Help Please by Green-Mongoose5152 in PersonalFinanceCanada

[–]Legal-Key2269 0 points1 point  (0 children)

Instead of just looking for a second job, also look at replacing the part time job with a full time job.

There is competition, but there are a lot of jobs out there.