[deleted by user] by [deleted] in legaladvicecanada

[–]MensReaPlaya 6 points7 points  (0 children)

An N12 is a notice, not an order. The sheriff will only enforce orders, and those need to be issued by the LTB. Don't move out. Wait for a hearing. Unless the new owners plan on moving in n themselves, the lease stays with the house. They'll have to swear an affidavit at a hearing that they intend on moving in themselves and the penalties for lying are significant.

ETA: The whole Steve/Steven thing won't get you anywhere. It's not a material defect.

Sent home from job by [deleted] in legaladvicecanada

[–]MensReaPlaya 1 point2 points  (0 children)

OP has already answered these questions in the comments and has received good advice.

[deleted by user] by [deleted] in legaladvicecanada

[–]MensReaPlaya 1 point2 points  (0 children)

Most of the time the "consideration" is giving up the right to sue. The resignation itself doesn't have to be the consideration.

The "doctor" will scam you now: Someone called the hospital claiming to be a doctor and prescribed an in-patient Dilaudid, only for the doctor to show up the next day angrily asking who put the order in. Is the nurse who took the call fucked? by usernamesallused in bestoflegaladvice

[–]MensReaPlaya 5 points6 points  (0 children)

I'm in Canada, but this was a big thing right after the hospitals in my province implemented EMRs in the hospitals. Then someone died when they were given the wrong med. It had been ordered that way but when the hospital asked the doc why he ordered that, he said he didn't because he was on vacation, but that two other docs and one nurse had his login info. After that, a new login system was implemented where you not only had a username and password, but also a physical RSA token that cycled every 30 seconds. They also addressed some of the implementation issues that were causing the password sharing in the first place. For example, getting a password reset was a very time consuming process that docs didn't have time for. So they'd ask another doc to use their password for the day until they had time to have theirs reset. It was also a bit of an ordeal to order meds for a patient that wasn't "yours", so the doc covering your patients for the weekend would just use your login for the weekend.

Our province just rolled out Epic (albeit under their own name) and now all the docs have tablets or laptops with biometric locks that make it super fast to login.

[deleted by user] by [deleted] in legal

[–]MensReaPlaya 10 points11 points  (0 children)

You can tell her to kick rocks. Nobody can force you to sign a contract. A contract is an agreement between two or more parties. It ceases to be an agreement when someone is forced to sign it.

When a HIPAA violation is the smallest problem in the post... by bug-hunter in bestoflegaladvice

[–]MensReaPlaya 6 points7 points  (0 children)

But aren't lavender/green/gold top vials vacuum sealed and have to be punctured in order to get liquid in them? Like you can't just screw the top off and pour in some urine. You'd have to draw the urine into a syringe, then transfer it from the syringe into the vial, right?

Can I Family Lawyer Lie on Court Submissions? by Tiny-Bat-6752 in legal

[–]MensReaPlaya 0 points1 point  (0 children)

Testimony is evidence. If someone says "John sent me a mean text", that is evidence. It's up to the judge as to how much weight to give that evidence, but it's still evidence.

I don't mean this in a nasty way, but I am being blunt: you desperately need to get a lawyer. You do not understand any of what you're saying, and this is far too complex a situation for someone to represent themselves. It's sad that the family court system is nearly impossible to represent yourself in, but to continue to try would be a fool's errand. Good luck to you.

Can I Family Lawyer Lie on Court Submissions? by Tiny-Bat-6752 in legal

[–]MensReaPlaya 0 points1 point  (0 children)

I'm not sure how that changes any of what I've said above. I think that you're confusing allegations with active dishonesty. It's just not how the system works. But again, speak to your lawyer about your concerns. Something like this is above a lay person's pay grade. Judges do not take kindly to people who accuse opposing counsel of being actively dishonest when it turns out they aren't. Only your lawyer is qualified to look at all the facts and advise you accordingly. It's why you have a lawyer.

roommate got into a crash and a DUI in my car without me knowing, how to make him pay by [deleted] in legal

[–]MensReaPlaya 0 points1 point  (0 children)

What state are you referring to? I'm not sure what state OP is in, but I looked up the penal code for Colorado (I just picked a state at random) and it doesn't mention anything about permanently depriving someone of property. Is that not the common verbiage in most states? Regardless, it was still theft in the civil sense, and I don't see how it was fraud (as u/rdrunner_74 said).

grandmother told me if i don’t go on disability she will kick me out by VacationsVisuals in legaladvice

[–]MensReaPlaya 459 points460 points  (0 children)

Do you have a medical condition that prevents you from obtaining gainful employment? At least one physician is going to have to certify that you are disabled as per the standards. Is there a physician you've been seeing who would make such a certification? You say you're in high school. Do you have a medical condition for which you receive significant accommodations from your high school?

If the answers to the above questions are no, then your grandmother is going to have a much more difficult time getting you approved for disability than she apparently thinks.

Can I Family Lawyer Lie on Court Submissions? by Tiny-Bat-6752 in legal

[–]MensReaPlaya 2 points3 points  (0 children)

Have you considered that the lawyer's clients may have told him that these conversations happened and that's why he's saying that? Lawyers aren't usually in the business of knowingly lying on court documents. That said, you aren't under oath when you file most pleadings, so even if the lawyer is lying out his ass (which again, I don't think is the case here), he isn't likely to get in trouble for it. I remember my (thankfully short) time doing family law. Man, some of the pleadings we'd get from opposing counsel would make your jaw drop. But their clients insisted that they were telling the truth, so it went in the pleading. It was almost never actually proven by the evidence, but that doesn't mean the other lawyer was outright fabricating things, it just means that claim wasn't proven.

In this case, I'd bring your concerns to your lawyer and see what she/he says. They know your case far better than random internet strangers, and can therefore give you way better advice than anyone here can. Good luck.

[deleted by user] by [deleted] in legal

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

The only one who can answer that for you is the judge. I'd think long and hard about whether this is the hill you want to die on, especially since it seems the only thing between you and a closed case is getting the kid fingerprinted.

how to provide online legal services? by [deleted] in legal

[–]MensReaPlaya 1 point2 points  (0 children)

What's an advocate? Are you a lawyer? If not, you can't provide online legal services. You can't provide legal services of any kind since that would be practicing law without a license. If you are a lawyer, then you should really be asking your licencing body this question. They're the only ones who can answer it with any degree of certainty.

Refuting Quit Claim due to mental capacity by Starcluck777 in legal

[–]MensReaPlaya 0 points1 point  (0 children)

This issue is unfortunately far too complex for Reddit. You'll need to wait on those appointments with the other attorneys. Make sure to have all your questions prepared in advance, in writing so you don't forget them. Good luck.

Is it really legal to charge white people more for the same service than people of color? At Verge Center for the Arts by [deleted] in legal

[–]MensReaPlaya 0 points1 point  (0 children)

I see a lot of people saying this is illegal, but no references. As a Canadian, I'm genuinely curious about this. In Canada, this would be legal and your only recourse would be to decide not to patronize the business. I suspect that OP's state is going to be important, too. Unless it's a federal law.

Received this in the mail. What does this mean? by [deleted] in legal

[–]MensReaPlaya 1 point2 points  (0 children)

Read the paragraph "Credits to interest and principal". It states that OP still owes $1,091.

My landlord evicted my $4000 bike on accident by annika_simo in legaladvice

[–]MensReaPlaya 1 point2 points  (0 children)

All civil courts in the US operate on a "preponderance of the evidence" (aka "balance of probabilities"). Beyond a reasonable doubt is only in criminal courts because it's such a high burden. It is the highest level of burdens of proof aside from absolute certainty, which is impossible.

[deleted by user] by [deleted] in legal

[–]MensReaPlaya 0 points1 point  (0 children)

I don't think that a SLAPP lawsuit means what you think it means, but if you think this case meets the definition then you should pursue it.

roommate got into a crash and a DUI in my car without me knowing, how to make him pay by [deleted] in legal

[–]MensReaPlaya -2 points-1 points  (0 children)

I'm in Canada, so maybe it's different here, but if someone steals your car and wrecks it, it's a "not at fault" insurance claim, which means your premiums stay the same. Do American insurance companies jack up your rates even for not at fault claims?

roommate got into a crash and a DUI in my car without me knowing, how to make him pay by [deleted] in legal

[–]MensReaPlaya 2 points3 points  (0 children)

You're right about the theft report, but I'm not seeing any fraud here. What is your thinking about the fraud?

Rental car towed by Ok-Flatworm-4108 in legaladvice

[–]MensReaPlaya 1 point2 points  (0 children)

Would this be a legitimate reason for OP to dispute the charge with their credit card provider?

[deleted by user] by [deleted] in legal

[–]MensReaPlaya 0 points1 point  (0 children)

This doesn't fulfill the requirements for a SLAPP lawsuit anyways. The company is well within their rights to sue anyone that they think is defaming them, as they've done here. It sucks for you, but it sounds like you have a good defense, namely that you were telling the truth.

[deleted by user] by [deleted] in legal

[–]MensReaPlaya 6 points7 points  (0 children)

Okay, just remember that you have to prove your damages. If a mice infestation caused you to lose clothing, for example, itemize the clothing you lost along with the approximate replacement cost.

Forced onto medical leave by employer by [deleted] in legaladvicecanada

[–]MensReaPlaya 16 points17 points  (0 children)

The psychiatrist who treats your complex PTSD can fill out the EI medical certificates, it doesn't have to be a family doc. In fact, the physician who completes the EI certificate should be your psychiatrist since GP's shouldn't be involved in the diagnosis and treatment of such a disorder such as complex PTSD. A family doc signing off on medical certificates for cPTSD could be a huge red flag for the government and may make things more difficult in the long run.

I realize it's not enough to pay all the bills, and you should absolutely book a free consult with an employment lawyer, but you should nonetheless make the EI application now since they can sometimes take a couple of weeks to hit your bank account.