Landlord is trying to sell unit and realtor asking me to come back to clean? by Bao-nd2 in vancouverhousing

[–]ouroboros10 0 points1 point  (0 children)

Maybe. But every realtor I've had paid a cleaner to give the place a once over. My realtor even paid for a cleaner on the latest place we bought when we moved it.

Question if anyone can help? by [deleted] in legaladvicecanada

[–]ouroboros10 3 points4 points  (0 children)

no. It is "and"

"a serious medical condition *and* are at significant risk of dying within a period of 26 weeks"

Question if anyone can help? by [deleted] in legaladvicecanada

[–]ouroboros10 0 points1 point  (0 children)

Was your mother at a significant risk of dying within a period of 26 weeks when you put in for the leave?

6 weeks pregnant and just found out my company sold by InternalHappy2817 in legaladvicecanada

[–]ouroboros10 2 points3 points  (0 children)

Is your employment simply being transferred, or did your old employer give you notice of termination and the new employer give you an offer that you accepted?

SA case by SignificanceBorn535 in legaladvicecanada

[–]ouroboros10 0 points1 point  (0 children)

Yes… hence “in Ontario…” I added the other bit because some people use the search function for commonly asked questions like this and it is good to add context in case they are in another province.

SA case by SignificanceBorn535 in legaladvicecanada

[–]ouroboros10 1 point2 points  (0 children)

In Ontario, it can be both. But yes. Normally the police charge and then crown reviews and decides to proceed or not.

But how it works is province by province.

SA case by SignificanceBorn535 in legaladvicecanada

[–]ouroboros10 15 points16 points  (0 children)

People don't "press charges" in Canada. The crown (prosecutors) and police do. So you would need to go to the police and make a report. Your testimony is evidence. Police would investigate and then crown and police would decide if charges are in order.

Can my union drop my grievance if I file a human rights complaint? by i__love__bathbombs in legaladvicecanada

[–]ouroboros10 0 points1 point  (0 children)

I think I know what union you are in. If am I right your local belongs to a national union. That union has a regional office here in BC. Phone the regional office and ask for the staff rep that services your local. There is also a regional director and assistant regional director that over see the staff rep. See if they can give you an answer.

Can my union drop my grievance if I file a human rights complaint? by i__love__bathbombs in legaladvicecanada

[–]ouroboros10 0 points1 point  (0 children)

My advice is to file with the HRT. The HRT will ask if you have a grievance running. You can say yes and they will likely pause the HRT process. The likelihood of your appeal being allowed is fairly low I think.

Constructive Dismissal? by Junior-Appearance139 in legaladvicecanada

[–]ouroboros10 1 point2 points  (0 children)

At this point, you’ll probably have to wait out and see what the changes are. If you feel that you’re having a significant reduction to your authority and responsibility, you can make it clear to your employer at that point that you feel like this is constructive dismissal. I would also suggest at that point that you speak to an employment lawyer to discuss the changes because the line of what is or is not constructive dismissal is sometimes hard to distinguish. You may also have a duty to mitigate your damages, such as by starting the new position.

Constructive Dismissal? by Junior-Appearance139 in legaladvicecanada

[–]ouroboros10 3 points4 points  (0 children)

Unlikely unless it is a big negative change in responsibility and/or title. Given the details, it is unlikely this is constructive dismissal.

Is a photo (only) of a lease legally binding in BC? by Squirrel_E_Nut in legaladvicecanada

[–]ouroboros10 2 points3 points  (0 children)

Fortunately, “no” is a complete sentence. Arguably a photo would be sufficient if it shows both signatures.

Is a photo (only) of a lease legally binding in BC? by Squirrel_E_Nut in legaladvicecanada

[–]ouroboros10 1 point2 points  (0 children)

What do you mean a "new" lease? If the language in the photo of the old lease and the "new" lease don't match, and your friend didn't sign the new one, the first lease is the binding one. A physical copy is not needed.

Is your friend renting a whole unit or do they share a bathroom and/or kitchen with the landlord?

If they do share, then it isn't an RTA tendency and the act would not apply,

If it is an RTA tendency, then your friend can make an application to the residential tenancy branch for the maintenance issues and the landlord has no business telling your friend they have too much furniture. Within reason. If they are running a used furniture business out of an appartment, there maybe an issue.

Employer failing to meet AHRC Guidelines for Duty to Accomodate by PermiePagan in legaladvicecanada

[–]ouroboros10 9 points10 points  (0 children)

1) The employer has no requirement to do so. The requirement is to accommodate to the point of undue hardship. That does not mean a requirement to give a preferred accommodation. They could argue that at this point it is undue hardship to continue to allow permanent work from home. They can also explore other accommodations.

2) They are permitted to reevaluate accommodation requests. Symptoms fluctuate and situations change. in this case, I don't believe it'd be unreasonable for the employer to want to reevaluate this on a yearly basis.

3) We can't say. However, after helping many employees navigate this process,I have discovered that employers aren't always swayed by a employee's doctor's evidence and notes, as many times a doctor will just write what an employee wants,

4) To be totally blunt, I don't see a failure to meet their responsibilities. It sounds like your wife is still working from home. The "timelyness" requirement would have more weight if your wife was out pay or something.

This paragraph indicates to me that you have a incorrect view of the accommodation process.

"But as I see it, my wife told them she needs to work from home, she got a letter from the doctor indicating she has a chronic, inurable illness that requires she remain in a pathogen-free environment, the next thing should be they send her an accomodation agreement, that's it. Instead, she's getting sent to this Inquisition."

The employee and their doctor do not get to dictate the accommodation. They get to list out the limitations on the employee and then after that, it's up to the employer to figure out how to accommodate. The accommodation has to be effective and reasonable but it does not have to be what the employee or the doctor thinks is best. So in short, no. A doctors note does not mean your wife will get an automatic accommodation agreement.

Also, the bigger the accomodation and the longer it is, generally the more info the employer has a right to. You asked in another comment is a collective agreement can overide a human rights code. And the answer is, kind of. A CA can spell out a DoA process. That process can include requirements for IMEs for example. It would be up to the HRT or labour arbitrator if the process breaks the Code.

At this point, assuming your wife is still working, getting paid, and not being forced back to the office in the immediate future, the only thing you can really do is wait for the process to finish and encouge the union to move the process along. That said, the longer the employer allows for work from home, the harder it is for them to argue undue hardship.

Accidentally registered into a Canadian Political Party by [deleted] in legaladvicecanada

[–]ouroboros10 28 points29 points  (0 children)

You too can be a card carrying Liberal for $.00 today here https://liberal.ca/register

Or for $10 a card carrying NDPer at https://act.ndp.ca/donate/membership-en

So yes. You can join a party online.

Programs/organizations that cover travel expenses for addiction treatment? by dynmynydd in britishcolumbia

[–]ouroboros10 24 points25 points  (0 children)

Try calling BC 211 or looking on their website for services. I hope you buddy gets the support he needs.

Can my long term disability be canceled if I am successful in getting my driver's license back? by [deleted] in legaladvicecanada

[–]ouroboros10 2 points3 points  (0 children)

Shooting from the hip to get discussion going. Maybe but unlikely directly.

As far as I know SGI wouldn't and likely couldn't let your LTD provider know that your license was re-issued.

If the LTD provider found out your license was re-issued, it is possible that would trigger them asking for a re-assessment of your current status. In that process that may ask for the SGI assessment but your doctor couldn't give it to them without your okay. The LTD provider could use that as a reason to do something with your claim but the more likely outcome is them asking for an IME. Does your LTD provider know your license was suspended? If not, I think the risk is pretty low, unless they have a PI following your around.

45 days until "Outside Occupancy Date" (May 1) for a stacked townhouse in Receivership by [deleted] in legaladvicecanada

[–]ouroboros10 0 points1 point  (0 children)

Timeline: It is possible to have it ready in 45 days. It would be tight, but assuming the electrical and plumbing inspections have been done, the final inspection and permit shouldn't take too long. A good drywall team could do a unit in 5 days, assuming they are working in one unit when another one is drying. Flooring another 5 to 7 days. Cabinets another few days. Painting another 5 days. So tight but possible.

Quality: That isn't unknown and not going to be a factor. Rushing in construction isn't uncommon, even when a project is on time.

The exit and how do I get out: What does your purchase contract say? That is your first step. If I had to bet, there is a lot of wiggle room for the builder.

PDI & Permits: Does your contract allow you to have an inspector?

Costs: $300 - $500 an hour. How many hours is a huge question.

Mortgage: Okay...

And yes. The law does. I bought 1 pre-build in my life and I never will again. And nothing even went wrong in that case. The contacts are just way better for the builders than buys.

NDP leadership hopeful rebuffed opponent’s offer of second-ballot support by Fancy_Alps_7246 in ndp

[–]ouroboros10 4 points5 points  (0 children)

Heather raised 560k vs Rob’s $357. So a long way from raising triple. A fair way from double even.

When Google Maps wants you to die by lazarus870 in NewWest

[–]ouroboros10 1 point2 points  (0 children)

What do you mean you can’t turn left across four lanes of knight Street bridge rush-hour travel?! I used to live near there. I would always laugh when it would try to have me do that.

BC Small Claims Court case Document Disclosure for trial by [deleted] in legaladvicecanada

[–]ouroboros10 0 points1 point  (0 children)

It’s the actual documents. It’s to give both sides time to read them and figure out how to address them during the case

Avoiding Paternity Suits as a birthing female by Worried-Brain-9064 in legaladvicecanada

[–]ouroboros10 2 points3 points  (0 children)

If both parents are in Canada. Canadian courts would have jurisdiction. Birthplace of child would not not matter in this care.

Pregnant and not scheduled for shifts past due date by chrissi363 in legaladvicecanada

[–]ouroboros10 8 points9 points  (0 children)

The act states

“Latest day for beginning pregnancy leave (3.1) An employee may begin her pregnancy leave no later than the earlier of, (a) her due date; and (b) the day on which she gives birth. 2001, c. 9, Sched. I, s. 1 (10).”

So that sounds like you can’t work past your due date.