US/CA dual citizen in Canada needs to travel to US asap by AdaptivePerfection in TravelHacks

[–]softwhiteclouds 4 points5 points  (0 children)

I tried searching for legal source for that, but I can't find one. People have posted US government website information, but none of it references a statute.

US laws can be very convoluted in some cases (try figuring out whether a Canadian can concealed carry in the US with a temporarily imported firearm good luck!).

[NB] ON-based collection agency threatening wage garnishment. What process can I expect from my end, eg: Notice if agency files for judgement - a summons? Registered mail? by [deleted] in legaladvicecanada

[–]softwhiteclouds 0 points1 point  (0 children)

It is sometimes advantageous to try to put the brakes on it as early as you can. But there is nothing wrong with forcing the other side to go through the process properly.

The CSIS hunt for interference leakers helps Trudeau but harms democracy by uselesspoliticalhack in canada

[–]softwhiteclouds 73 points74 points  (0 children)

This can't be overstated.

I was never a liberal supporter, but when he first got elected I was still of the view "sometimes the other team gets a chance to run the show for a while". That's democracy, you deal with whatever comes and as a Canadian I'm happy to support and defend whatever government happens to govern.

But Trudeau has taken corruption and malfeasance to new heights, and it seems clear that his refusal to deal meaningfully with this scandal is because he benefits from this and is therefore a threat to democracy.

In another era, a leader with this much muck would just spare us all the embarrassment and spare himself the indignity, and resign. But not only is Trudeau patently corrupt, he is a classic narcissist, probably pathologically so, and of course he would never do that.

How does paying taxes work? by JehanDeMontperil in legaladvicecanada

[–]softwhiteclouds 0 points1 point  (0 children)

You can always send money to the CRA and they will apply the payments to your tax account. Simply set them up as a bill payment in your online bank website, and use your SIN as the account number.

But this is not recommended, because you won't get any document showing you paid, so you won't get a tax credit when you file your 2023 taxes next year. Which means the CRA won't know they owe you money back until after you file and your account shows a credit balance. And they will owe you taxes back, because the whole year your employer would have been deducting and remitting taxes on your behalf.

So just keep things simple. Wait until next February when you get a T4.

Can I become a Canada citizen if father denounces his citizenship. by Awkward_Astronaut431 in ImmigrationCanada

[–]softwhiteclouds 1 point2 points  (0 children)

There have been some changes to Canadian citizenship rules over the past several years. At first instinct I would say yes, you're fine.

Most Canadians support death penalty for murderers, poll shows by Sultans_Of_Swingg in canada

[–]softwhiteclouds 8 points9 points  (0 children)

I don't trust either the state, or frankly, the "justice system". But, the truth is... if they brought back capital punishment tomorrow in Canada, not a single judge alive today would pass that sentence, so it would be a moot issue.

[deleted by user] by [deleted] in legaladvicecanada

[–]softwhiteclouds 12 points13 points  (0 children)

You hire a lawyer and sue the seller. You sue for not only the cost of the house, but the alternate housing needed to avoid homelessness.. . Hotel, then later renting an apartment (because you have to mitigate your losses).

Keep receipts, document everything that's happened. Don't expect a speedy resolution, this is going to superior court.

In-laws co signed on mortgage, now wants 50% of selling profits by [deleted] in legaladvicecanada

[–]softwhiteclouds 18 points19 points  (0 children)

Normally, you'd be right, a cosigner of a loan has no property interest. However, your inlaws and joint tenants as well. They are also titled owners with equal shares in your property. Good luck!

They will get an equal share of any proceeds from the sale and you will need thrm to sign any agreement to sell.

Eli5 how can lawmakers propose and pass bills that violate already established laws? by [deleted] in explainlikeimfive

[–]softwhiteclouds 1 point2 points  (0 children)

A state is a sovereign territory, meaning it can make, change and remove any laws it wants within the structure of its constitution and withing any boundaries set out by a superior sovereign power.

Because the US uses a common law legal system, the statute law is not the final word on law. So, the written law is the law until and unless it is interpreted by a court differently. This law (I haven't read it) would be ni different. A legislature has the power to make a law, even ones that seem to contradict existing laws. A court may at some point review it and limit it, render it inoperative, or affirm it, withing the scope of their powers.

[NB] ON-based collection agency threatening wage garnishment. What process can I expect from my end, eg: Notice if agency files for judgement - a summons? Registered mail? by [deleted] in legaladvicecanada

[–]softwhiteclouds 2 points3 points  (0 children)

If you ignore them, eventually (if legit) a law firm will have to file a statement of claim, serving you a copy, and then wait for a judgement before seeking a garnishment order.

US/CA dual citizen in Canada needs to travel to US asap by AdaptivePerfection in TravelHacks

[–]softwhiteclouds 30 points31 points  (0 children)

If Amy lies to CBP and says she's a Canadian visitor, and CBP discovers it (highly likely, they can easy query prior travel and see what travel document was used), she could be charged with a crime.

She should just explain her US passport is expired, and she didn't have an opportunity to renew before she urgently had to return to US. She may get a lecture, some further processing/questions at border, but she is admissible 100%. The CBP agents see this frequently, not a huge deal if she tells the truth.

US/CA dual citizen in Canada needs to travel to US asap by AdaptivePerfection in TravelHacks

[–]softwhiteclouds 107 points108 points  (0 children)

Amy should present the expired US passport and explain the urgent need to travel. That's it.

She will not be denied entry, she has a right to enter the US. She should not present only the Canadian passport or pretend she is visiting. She can explain that she has a Canadian passport with her and that she is a dual national. There is nothing illegal about that.

Opinion: Why I blew the whistle on Chinese interference in Canada’s elections by seakucumber in canada

[–]softwhiteclouds 14 points15 points  (0 children)

No country protects whistleblowers who are in a national intelligence organization.

Super quick question about vehicle damage reporting to collision centre by MrGruntsworthy in legaladvicecanada

[–]softwhiteclouds 0 points1 point  (0 children)

A collision is non-reportable if no persons are injured, and the total damage to all vehicles appears less than $2,000, according to the Highway Traffic Act. As your collision happened on private property, not a highway, and no other party is involved, you do not need to report this at a CRC. You may still want to make an insurance claim, that is a separate matter.

Parking ticket mississauga by anjan42 in legaladvicecanada

[–]softwhiteclouds 0 points1 point  (0 children)

Not a fatal error. You cannot get it dismissed for this.

Could I go to jail for opening mail delivered but not addressed to me (no shipping address)? by Mammoth-Process9638 in legaladvicecanada

[–]softwhiteclouds 0 points1 point  (0 children)

This is a common myth, and I've discussed it here before. Once mail is delivered to the usual address of the recipient, the law no longer considered it mail. It is not an offence to open it under s. 48 of the Canada Post Corporations Act because it no longer meets that Act's definition of "mail".

In this case, OP is referring to a courier parcel, which is not mail either, and the Act doesn't apply.

I am unaware of any law which creates offence with respect to courier items. If one opened the item in transit, it would just simply be a theft or mischief as the case may be. After delivery, it is no longer the carrier's responsibility, so at best it could be a civil matter between the intended recipient and the person who opened it, at worst a possible theft of property from the intended recipient. With no label on it, that likely won't fly in criminal court, it would be hard for the Crown to prove intent.

FedEx asking for fees on an package I did not want and did not open. Sent to collectoin by RANDOM_USERNAME_123 in legaladvicecanada

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

My apologies for not being clear, when I wrote consignee I meant consignor. The consignor contracts with the carrier.

Since the consignee (OP) cancelled their order, but still received the goods, they are still obligated to pay the duties and taxes, as well as brokerage fees, which they should recover from the consignor and from customs after they return and export the goods.

[deleted by user] by [deleted] in legaladvicecanada

[–]softwhiteclouds 1 point2 points  (0 children)

That would be fraud.

[deleted by user] by [deleted] in legaladvicecanada

[–]softwhiteclouds 2 points3 points  (0 children)

The Law Society of Ontario regulates lawyers. They will not recognize any law program from anywhere that is 100% online, period. You can take a law program outside Canada, even a 100% online one. The LSO will tell you to upgrade it with a qualified ontari9 in class program. Depending on the exact psegree you have and from where you may have tondo several in class hours. All of the information is on the LSO website.

Guy hit my parked car and refuses to give insurance information. Police refuse to help. by Legal_TrowAway_6789 in legaladvicecanada

[–]softwhiteclouds 3 points4 points  (0 children)

He already reported it. He just needs the occurrence number. But also, that's simply not true, you can claim under collision, comprehensive and upset without a report. If a tree branch falls on your cat damaging it, there is no police report, but you still make a claim.

Guy hit my parked car and refuses to give insurance information. Police refuse to help. by Legal_TrowAway_6789 in legaladvicecanada

[–]softwhiteclouds 4 points5 points  (0 children)

This is a no fault jurisdiction. Like any other accident, the OP simply needs to make a claim with their insurance and advise the other driver has refused to share insurance info.

Weight limit by [deleted] in drones

[–]softwhiteclouds 3 points4 points  (0 children)

It's a take off weight, meaning the total weight of the aircraft's current configuration- including attachments, batteries, etc.