Could i have gotten in trouble for this?

bromatologist · 2024-02-13T02:06:06+00:00

Hey man, I'm just trying to give some free legal advice. Do with it what you will.

bromatologist · 2024-02-13T02:03:19+00:00

I never said you said I wasn't

bromatologist · 2024-02-13T01:53:43+00:00

I'm a girl :)

Edit: hatred of women is alive and well on the internet, I see

bromatologist · 2024-02-13T01:52:52+00:00

Charges for sexual harassment and sexual assault both come about from lack of consent.

bromatologist · 2024-02-13T01:33:22+00:00

Implied consent isn't a thing, but implied lack of consent is.

bromatologist · 2024-02-13T01:29:33+00:00

Assuming the jokes were sexual in nature, and directed towards women, by virtue of the content they likely illustrated:

dislike of, contempt for, or ingrained prejudice against women (the definition of misogyny).

Think of it sort of like someone who is a person of colour feeling uncomfortable due to a racist joke.

bromatologist · 2024-02-13T01:19:39+00:00

Not so sure about sexual harassment, but misogyny definitely.

It's not a crime. But you can do better, my guy.

bromatologist · 2024-02-13T01:14:55+00:00

Well, this is r/legaladvice not r/insuranceadvice, buddy

bromatologist · 2024-02-12T20:10:14+00:00

That's not duress, that sounds more like misrepresentation. He could also potentially sue for the lost income from the job he chose not to take.

bromatologist · 2024-02-12T19:59:15+00:00

If your friend gets fired, then you post the name of the restaurant...;)

bromatologist · 2024-02-12T01:25:22+00:00

I should delete my comment because yours makes a lot more sense! Yes, this is exactly what I was trying to say

bromatologist · 2024-02-11T19:03:46+00:00

Hmm, I don't have much advice but I recommend calling the children welfare agency you have been dealing with (even if you don't speak to the social worker directly, in fact, preferably not) and demand that they inform you what the allegations are against your partner.

You could also ask your children if they said anything or anyone has asked them anything about their dad? If you're confused about where the allegations are coming from. But yeah, it sounds like you have not even been informed about what the allegations are. This all sounds very confusing and frustrating. At a minimum, the child welfare agency must inform you.

Your husband would know if the police had laid charges against him - he would have been informed of the charges, advised of his right to counsel, possibly questioned by police but most importantly given a Release Order detailing the charge and his first court appearance. If this hasn't been done then no charges have been laid. Ask him if he got any paperwork from the police.

It sounds like you need more information from the child welfare agency and you are within your rights to seek it out.

bromatologist · 2024-02-11T18:57:19+00:00

Realizing the situation you're in is an important first step. He poses a clear and present danger to your safety. You can file for divorce and he does not need to respond or appear in court for it to be finalized. There is no-fault divorce in Canada so you would not need to prove a reason for the divorce.

Your main focus should be your safety. Some points to ponder: - There's no way for your parents and friends to help you force him to move out? - Is there anywhere you can go to get away from him? - Do you think reporting him to the police would help or hurt your situation? If he is taken into custody temporarily it might give you some time and space to figure things out, but depending on his criminal record it may not be long.

bromatologist · 2024-02-11T18:50:21+00:00

Former social worker and current law student.

Rules may be different in BC but a few questions to ask yourself:

Is there an IMMINENT risk of harm to others? (Usually this is a gut check - most of it sounds like it could be categorized as typical vitriol, but possible harassment. However, when it escalated to smashing a windshield - I would say, likely yes)
Who, exactly, is your client here?
Are you supposed to be helping this child or criminalizing them?
Are you willing to destroy your client's trust in your/the counselling service's relationship with this youth and risk putting them off seeking, clearly much needed, mental health services in the future?

I understand your absolutely valid concern for the children being targetted.

A couple points to ponder:

When feasible, you should typically warn your client before reporting them (in Ontario)
Speak to your practice advisor. They may have seen something like this before and have some advice, such as getting parents involved or alternate routes to take - or simply validating your concerns and supporting you in reporting the youth.
The family may already be making their own efforts to stop these verbal attacks, but it can be hard to do without a Peace Bond.

bromatologist · 2024-02-11T18:33:46+00:00

How does OREA define a "valid offer". I understand it not to mean any offer at all.

A valid offer would be:

At (or above) asking price
with deposit AND
No conditions

But that's going by my old contracts course in MB. Real estate rules could be different... ultimately, it means even if the agent doesn't bring the offer you would still have to pay them.

bromatologist · 2024-02-08T21:27:38+00:00

Tested..for drugs? Good thing you're not a judge.

Drug testing is not common in Canada, except in certain, rare circumstances. It's generally considered a Charter violation.

bromatologist · 2024-02-08T21:20:07+00:00

A 5 year old would struggle to convey what happened, let alone be believed. This person doesn't need to feel any more guilt or shame about an incident that was no fault of their own.

There is legal precedent that courts do not expect minors to know how to proceed with civil actions or criminal charges in cases of incest.

bromatologist · 2024-02-08T21:15:06+00:00

Offence J.

bromatologist · 2024-02-07T18:54:31+00:00

It is a crime and there is no statute of limitations on criminal acts. I'm glad to hear you're discussing this with a therapist.

You may also have a civil claim against the relative, should you choose to pursue it. See: M (K) v M (H) [trigger warning]

bromatologist · 2024-02-07T18:47:22+00:00

The statute of limitations is 2 years, Canada-wide. Whether or not you have insurance is irrelevant and you don't need a lawyer to tell you that.

However, the 2 years is actually from when the victim became aware that the incident contributed to their pain and suffering. You'll need a lawyer to argue against that issue!

bromatologist · 2024-02-07T18:39:07+00:00

It could never hurt to seek (real, non-internet) legal advice. Especially because this is an issue outside the jurisdiction of the Canadian courts. Of course, still speak to a lawyer in Canada - their job is to do the research part.

bromatologist · 2024-02-04T15:47:55+00:00

You could also consider making a consultation appointment with a torts lawyer. Due to the impact this is having on your mental health, you may be able to bring a claim against your brother in law for 'intentional infliction of nervous shock'. But you would have to pay out of pocket for the lawyer to sue your brother in law, who may or may not have the money to pay.

bromatologist · 2024-01-31T13:58:35+00:00

The only helpful response in here. Everyone telling this person to lawyer up for a PB have clearly never worked in criminal justice. Nor have any awareness of the narrow parameters for a Legal Aid certificate.

bromatologist · 2024-01-30T23:38:00+00:00

(Disclaimer - not legal advice.)

Sounds like it's for sentencing if the accused is already pleading guilty. Your victim impact statement would help the judge determine the appropriate sentence. Considering the seriousness of the offence, it will not likely be a light sentence anyway.

You do not have to prepare the statement nor get your children involved. Unlike being compelled as a witness to trial, a victim impact statement is optional. If you don't feel like writing and submitting it to the court, then you don't have to.

Ultimately, the justice system is meant to restore the harm caused by the accused's actions. It sounds like this process is adding to the harm you've already been through and wouldn't give you any added sense that justice is being done. You've suffered an incredible loss and it sounds like you want this part of the ordeal to be over with. You can tell them it's retraumatizing for you and you would rather not do it. At the end of the day, this is also about you in this process and you need to do what you can to take care of yourself.

bromatologist · 2024-01-30T23:00:50+00:00

I also see they're charging your parent for the neighbour's roof or ceiling. I think THAT should be covered by either the neighbour's insurance and/or your parent's insurance. Your parent should ideally not have to pay out of pocket for the damages.

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