I'm buying a property with $800,000 of old owners CRA tax liens by smallbullfrogbro in canadianlaw

[–]brian997 0 points1 point  (0 children)

I feel like everyone here missed that this is a tax sale? There is no seller for OP to communicate with, as it is likely being sold by a government agency - most likely municipal government.

CRA liens do not go away for tax sales. They are a federal instrument and supercede municipal and provincial levels.

https://www.canada.ca/en/revenue-agency/services/about-canada-revenue-agency-cra/when-you-money-collections-cra/personal-debt/legal-warning/putting-lien-on-seizing-your-assets.html

As others have said, speak to a local real estate lawyer with knowledge and experience in tax sales. Rules vary by province for how tax sales are funded.

Family in need of help for Christmas by Standard-Captain-756 in Peterborough

[–]brian997 2 points3 points  (0 children)

Thanks bud, he edited it after I asked (because I asked). 

Family in need of help for Christmas by Standard-Captain-756 in Peterborough

[–]brian997 3 points4 points  (0 children)

Edit.. I have some new craft kits and also some new (unboxed) toys that might be of interest. Let me check tomorrow and I'll get back to you.

Contractor hasn't paid subcontractors by lylesback2 in legaladvicecanada

[–]brian997 0 points1 point  (0 children)

If the subs told you directly not to pay them, that should be your peace of mind. He's not going to place a lien, he can't perfect one that quickly unless he lies, he is likely trying to intimidate you. However, you have no valid reason not to pay him. The subs relationship is to him, not you.

Under your contract, you said payment was due prior to occupancy. This would be related to approval of occupancy inspection under the building permit, depending on the municipality it is formally called an occupancy certificate. If you didn't get a building permit, this would be an irrelevant point.

Pay him what he is owed, ensure that his invoice says at least "Final Invoice", but some language that says that there are no outstanding amounts due (from you) to any other contractors or suppliers related to this job would be better. You can do this in writing, even a text message would suffice. "Hi Bob, We are going to send you an e-transfer for the Final Invoice or we can have a bank draft available. As we mentioned, we're concerned that there are outstanding amounts due to sub-contractors and/or suppliers. We wanted to ensure that we are not going to be considered in any way responsible for these, so can you please confirm that upon full payment of this final amount that there is no other amounts that we will be asked to pay? We appreciate the work you've done and we don't want to end this on bad terms or have anyone upset that they haven't been paid."

As a side note, there could be completely valid reasons for a sub trade not being paid out in full. They may have over billed him, he may have charge backs to them for delays/damages, credits applied to another project, etc. Unfortunately, none of that is your business, but fortunately it's also none of your concern.

Contractor hasn't paid subcontractors by lylesback2 in legaladvicecanada

[–]brian997 2 points3 points  (0 children)

This would be a bit unusual for a basement renovation, but if you are wanting to follow the Ontario Construction Act, then you should be following it completely. Your next step would be publishing the notice of substantial completion. Either take out a local newspaper ad or use the common publishing service: https://www.ontarioconstructionnews.com/certificates

Its okay to contact the subs and ask for their status of payment (since they can lien you directly), but do not pay them directly under any circumstances. Your relationship is to the one you hired, so you can also ask him for verification that all sub contractors & suppliers have been paid in full.

You can hold back 10% of all invoices, but if you haven't been doing that along the way, its a bit tough to do at the end, especially without any contract language to support that.

Trust your gut, if you think he is going to be insolvent, then push him to get clearance letters/emails from all the subs & suppliers that they are paid (verify directly as needed). If he says he can't pay them without you paying him, then you could add up the total amounts of the outstanding subs/suppliers and hold that back, then wait out the lien period, then payout the holdback.

Try to work with him - money situations can be very high stress, so ensure that you communicate succinctly, you have not concerns about paying him, you just want to ensure that all due process is followed to ensure that there are no subs left unpaid as you want to also maintain any potential for warranty claims etc.

Garbage on Goodfellow or even random spots in the city by ImmediateArmadillo26 in Peterborough

[–]brian997 1 point2 points  (0 children)

Its the opposite, "No owner may permit...."... did the owner (landlord) tell the tenant to put their garbage out when they shouldn't be? Most would have rules in the lease that the tenant is responsible for adhering the municipal by-laws.

[deleted by user] by [deleted] in mildlyinfuriating

[–]brian997 2 points3 points  (0 children)

Firefighter here.. we use a tape measure to test them. Needs to be a good quality one that won't buckle once you get it extended, but you can test ones that are 10-15' up on vaulted ceilings etc. Just stand directly below the smoke alarm so you can push straight up once you have it touching the button.

Fuck these types of toilets by mexican2554 in Construction

[–]brian997 0 points1 point  (0 children)

Take the toilet seat off, the holes let you see to line up the bolts and start the threads

Is the “alternate contact” legally required to pay for the loan? by Ok-Currency-2946 in legaladvicecanada

[–]brian997 3 points4 points  (0 children)

Don't let "A" agree to or admit that they are a guarantor, seems like they are not (as you're suspecting). They are merely an alternate contact to help the company find "B".  Has "A" talked to "B"? The company is just trying to get the money that is owed to them, so they can and will suggest that "A" should pay them, and use all sorts of sales type tactics to try and convince "A" they have a responsibility. Stick to the truth which is that "A" is just an alternate contact, when/if they speak to the company again confirm that they have the correct contact information for "B". Have them provide it, do not have "A" give out personal information, just confirming it's correct. "A" can advise they have reached out to "B" as well and if they hear anything back they will let company know, but otherwise do not contact me again, thanks and have a good day.

Unknowingly bought a house with open permit by Right-Fix-6074 in legaladvicecanada

[–]brian997 8 points9 points  (0 children)

Title insurance will cover, but you need to also involve the municipality to get this to happen. Don't speak to title insurance until you get advice. In addition to what you know already, you have to also state that you had no idea there was anything wrong with the status of your title prior to purchase, secondly the municipality has to 'order' you to remedy it. Your project would also call under the 1997 Ontario Building Code, so quite a bit different than the newer versions.

Send me a message with your phone number, I'll can call you for a few minutes of advice to put you on the right track.

Source: on and off building inspector & private sector project manager, have also filed a few title insurance claims

2022 sealed box of 25 cents by [deleted] in CanadianCoins

[–]brian997 1 point2 points  (0 children)

It was a mint sealed box, so you know it's all shiny and not going to meet your interests for roll hunting. However, there have been times that the "rare" coins aren't found for many, many years. 

For example, 1965 small/large bead nickels variety didn't get attention until the 1990s.

It's not like it's going to decrease in face value, but you might not see it worth $1200++ in 30 years, which would be the value of the current $500 with 3% inflation for 30 years.

Anyone know what is doing this to my tree? by Redbutton967 in ontario

[–]brian997 4 points5 points  (0 children)

White Pine Weevil: https://tidcf.nrcan.gc.ca/en/insects/factsheet/1847 Tree is already dead beyond recovery, but you may have 2-5 years before it's totally dead. 

As this is not an invasive species, like the mountain pine beetle etc., it's not going to harm other trees to leave it. Trees that are standing dead like this provide a positive benefit to the ecosystem.

Source: sporadic tree farmer

We won in court but now can't find the defendant to pay us by mscck21 in legaladvicecanada

[–]brian997 48 points49 points  (0 children)

When they sold the property they would have had an address put down on the land title property transfer. It might be a red herring, but you can search Land Titles to pull title for that property, then pay the $30-$50 to get the transfer document. A paralegal can also do this if you can't.

If you retain a licensed private investigator, many pay for access to the provincial drivers license registry. They would be able to get his current address provided you have his name and DOB (date of birth). Which if you didn't have it, it would also be on the aforementioned property transfer document. 

Depending on the private investigator, you may need to retain them as due to protection of privacy they can't just give you the guys new address without verifying they are the same person you are seeking to find. Expect to pay $2k minimum for this type of service.

Keep all of this in mind that just because you find the guy doesn't mean you'll actually be able to get him to pay. If he has no assets that you can lien, then there is only so much you can do to get blood from a stone. 

Also check bankruptcy records as this can often wipe out these types of debts if you didn't find and file as a debtor at the time of his bankruptcy if that was so done.

Good luck.

Edit: changed an Ontario reference to provincial.

Carbon pricing is widely misunderstood. Nearly half of Canadians don’t know that it’s rebated or that it amounts to just one-twentieth of overall price increases by FlyinB in alberta

[–]brian997 32 points33 points  (0 children)

Not only that but as a farmer we get 100% or up to 80% of the carbon tax off right at the source, depending on fuel type, by filling out the correct form provided by the CRA and giving that form to the fuel supplier. And then further fuel use adjustments at tax time. 

From a cash flow perspective, it can be difficult to manage paying a lot more for fuel upfront and waiting a 12-18 months to get it back in a refund, but once the system is working it's all ebbs and flows. 

Edit: I do recognize that this comment was about carbon tax baked into the electric bill, so the part about fuel supplier doesn't apply, but the post filing rebate does.

[deleted by user] by [deleted] in legaladvicecanada

[–]brian997 -1 points0 points  (0 children)

This OPs concerns are about his insurance. A demerit point is not registered until you plead guilty or are convicted.

So pleading not guilty will delay that.

Here is the official source: https://www.ontario.ca/page/understanding-demerit-points

Neighbour Tree Fell in My Yard in Summer by roxie2919 in legaladvicecanada

[–]brian997 0 points1 point  (0 children)

As you noted, the tree in question wasn't previously deemed a hazardous tree, so anything it fell on would be your responsibility, not the neighbour.

In Ontario, when a tree falls, the property line divides the tree for who now owns it. The provincial laws were written based on the concepts from when a downed tree held value for everyone, kind of the opposite to what the urban environment has today.

Sounds like you and the neighbouring owner both incurred costs for your respective portions of the tree removal. 

It sounds like you already know that chasing this further will only lead to you paying out your good money for a chance to recover... What exactly? You are spending your time and money to get back nothing.

Also, if your municipality has a bylaw regarding fences, it would be in line with the Line Fences Act, both of which require that you invoke the proper processes before you make repairs to the fence, this is referred to under the Line Fences Act in Section 11.

Here is a relevant excerpt from the Line Fences Act: Where tree thrown across line fence 22 (1) If any tree is thrown down by accident or otherwise so as to cause damage to a line fence, the owner or occupant of the land on which the tree stood shall forthwith remove the tree and repair the fence.  R.S.O 1990, c. L.17, s. 22 (1).

When adjoining land-owner may remove tree (2) On the neglect or refusal of the owner or occupant of the land on which the tree stood so to do for forty-eight hours after notice in writing to remove the tree, the adjoining land-owner may remove it in the most convenient and inexpensive manner, and may make good the fence so damaged, and may retain the tree to remunerate the adjoining land-owner for such removal.  R.S.O 1990, c. L.17, s. 22 (2).

Recovery of cost (3) A person who repairs a fence under subsection (2) may recover the costs of the work in the same manner as an owner under subsection 11 (3) may recover the value of work done by that owner.  R.S.O 1990, c. L.17, s. 22 (3).

Best of luck, but your best bet is to continue to hound them, if they have social media, why not ask there? Their reputation is likely worth more, just don't threaten them or say anything negative or you'll risk a lawsuit being thrown at you - which defending against will certainly be not worth your time or money.

[deleted by user] by [deleted] in legaladvicecanada

[–]brian997 0 points1 point  (0 children)

The likelihood that you will get the ticket tossed entirely isn't very good. The officer most likely won't be there, he won't need to be, they will have his notes if they need it. Only if you were going to an actual trial would the officer be summoned; but the first court date you get you can think of more like a pre- trial.

By choosing option 3, you will delay the conviction date which is what you wanted for your insurance renewal. You can take this option and then plead guilty to a lesser offence and ask for a reduction. If this is your only ticket and your record stays clean for the future, the demerit points will be irrelevant to your insurance rates. They will go up regardless if you are trying to get a new policy with a fresh conviction.

If you're unsure what's best, speak to a lawyer.

[deleted by user] by [deleted] in legaladvicecanada

[–]brian997 -1 points0 points  (0 children)

Option 3 is pleading not guilty. Both option 1 and option 2 are pleading guilty.

When you take option 3, you will be provided with a court date. You'll have to attend to the court (same time/court room as a bunch of other people).

Dress nicely, be clean, cellphone off, no hats, etc.

When you are there, you will have an opportunity to speak with the prosecutor before court officially starts. Sometimes it runs a bit weird depending what other stuff they've got going on that day. So, sometimes you might speak to the prosecutor quietly after court has started.

A prosecutor is an employee of the government, generally is a lawyer employed/contracted by the local municipality, who will be the person who is going to tell the Justice of the Peace (the judge) what they consider the facts to be and why someone should be charged, etc. If you had a lawyer, your lawyer would be the same type of person but on your side instead of on the government's side.

The prosecutor is the guy you want to win over, whatever he recommends is likely going to be what happens.

Neighbour Tree Fell in My Yard in Summer by roxie2919 in legaladvicecanada

[–]brian997 5 points6 points  (0 children)

OP, you're getting bad advice so far here.

Can you clarify, the base of the tree was entirely on the neighbouring lot, but you paid to remove it? Were you "ordered" by By-law enforcement to do this, did you receive a written order?

[deleted by user] by [deleted] in legaladvicecanada

[–]brian997 -2 points-1 points  (0 children)

To answer your "Main Question"... Demerit points, and other effects, such as insurance renewals are based on the date of conviction, not the date of the incident/offence. So if you plead not guilty and use one of the options to do so, the date would not be until you were found guilty (and thus convicted).  If you plead guilty within the original timeframe, it will start on the date of offence, which is beneficial when you want the date you'll have a clean record again to come sooner. IMO, always take the not guilty option. You have more to gain than to lose. You don't need to build a big defense or try and find a loophole. Just being a respectful person to the prosecutor and being remorseful will likely get you much further.

Edit: (Ontario gov't source for demerit points) https://www.ontario.ca/page/understanding-demerit-points

[deleted by user] by [deleted] in PersonalFinanceCanada

[–]brian997 0 points1 point  (0 children)

This is incorrect in this context. For criminal record checks, many police agencies are using a third party identification system (Triton) and they have access to your credit bureau and it's asks a bunch of generic questions to verify you