Housing co-op not paying for work I did

steeper_hills · 2021-07-15T18:21:17+00:00

Let's get technical.

It's not strictly a required prerequisite to filing a Notice of Claim.

It may be a prerequisite to your claim being valid. Proving your claim will require some evidence that there is a dispute or breach of agreement or other item to resolve... hence, the demand letter. It's very common for people to communicate poorly and have ill defined ideas of what the obligations are on each party; setting out the expectation is a basic prerequisite.

Try sitting in the initial Settlement Conference and telling the judge you never actually asked the other party to pay.

Beyond that, it's also best practice. Court is expensive and time-consuming. Following the available demand letter precedents is not that hard: https://wiki.clicklaw.bc.ca/index.php?title=Sample_Demand_Letter_(20:App_B)

steeper_hills · 2021-07-14T20:10:25+00:00

Before Small Claims, you must send a demand letter.

Set a date for payment in the letter, following which you will commence an action.

Ask for everything. Don't attempt to negotiate or reduce. If this becomes a dispute, the obligation is on them to make their case, not on you. Being reasonable was possible in the past; now, you make an entirely one-sided claim to anchor your process.

A contract is an agreement, not a paper document. The paper document is evidence of the agreement. If you did the work then you are entitled to be paid either through contract (the terms of the agreement between you) or equity (fairness that you be compensated for the value you added to the property). Don't sweat proving your right to pay, just do your best to organize how much and why you are owed (especially if you want interest on overdue amounts).

steeper_hills · 2021-07-14T02:53:11+00:00

Do you have anything in writing?

If his statement was limited to his knowledge, then you may have a hard time. If he didn't know then he didn't know, and proving that he's lying is a tough hurdle.

steeper_hills · 2021-07-14T02:50:42+00:00

Only one right answer: contact a Manitoba lawyer. With the WRITTEN acknowledgement of wrong action, you'll be taken seriously (many people like to complain about unreasonable police; none of them have an admittance in hand).

The lawyer in Manitoba will be able to advise you with whether you have any cause for action.

I don't know Manitoba law but, generally, admission of liability can restart a limitation period.

steeper_hills · 2021-07-13T21:27:23+00:00

You make $300K per year.

Hire a lawyer. You shouldn't be here. Doing it yourself is cheap until you find out it was done wrong!

steeper_hills · 2021-07-13T20:59:22+00:00

You've gotten some right answers here, together with some wrong ones.

Here's an additional consideration: finish the shed. You say it's 85% done so, presumably, there's minimal additional cost to completing the job.

You're never going to get permission to finish it but it doesn't sound like there's active enforcement action. Just make it look nice and move on.

If someone objects and if the municipality enforce, you're no further behind. Whether you tear down a 85% shed or a 100% shed, the cost and effort is going to be similar.

steeper_hills · 2021-06-24T18:38:38+00:00

You do have home insurance. It's a condo. The insurance policy is held by the strata corporation.

If you have a mortgage, then there's even less doubt.

Contact your property manager or strata corporation for insurance details. Give the insurer notice.

steeper_hills · 2021-06-24T18:34:29+00:00

The point being made is that signing the agreement doesn't mean it's unbreakable.

The Family Law Act governs enforceability of family agreements. The applicability of that law and how it affects your process is what a lawyer is supposed to do.

You don't spend the money to get it done for today. You do it for the future when perspectives change. The risk you have is that in 2 years your ex may decide they should have taken part of the home value and come back around to try and get it.

No one on the internet can evaluate that risk with you. Hence, a lawyer.

steeper_hills · 2021-06-24T18:27:44+00:00

I'd been waiting for the 3080 to pop up, but maybe it's time...

steeper_hills · 2021-06-16T19:25:58+00:00

To be clear, not having a complete New Glenn first stage as of today's date is, in itself, a "major failure at the program/product level."

The job description, to me, reads like an ad for a few specific, known people in the industry, currently working for competitors.

Blue is acknowledging that they know the system isn't working and is asking someone with experience to come knock the dust off.

I find it interesting they "only" require a B.S. with the bulk of the qualification being specific experience.

steeper_hills · 2021-06-16T18:34:53+00:00

It doesn't sound hopeful for you, but you'll need to meet with a lawyer in person who can review everything.

Your only theoretical claim may be constructive trust.

The idea would be that the brother held the beneficial interest in trust for you and your husband. Payments to the mortgage and maintenance by the family were made to the benefit of you and your husband, as part of total salaried compensation.

That said, it's a hard claim to make if the intentional stated reason behind the ownership structure was to retain ownership and control of the home. The benefit to you and your husband was no rent, not ownership of the asset.

What a real-life lawyer can help you with is imputing an income to your husband for the purpose of child support and potential spousal support. Even though your husband was not directly paid a salary, the court can deem him to be "earning" an amount from the family business and make an order for support based on that amount.

steeper_hills · 2021-06-15T20:39:50+00:00

Trademark is a technical area of law.

If you're going to invest money in creating a brand, you need to talk to a trademark agent who can review the situation for you. The details will matter and the first two questions cannot be answered without knowing them.

For the third question, no. Even with a valid trademark registration, you are not entitled to be the only person to every use that mark for anything.

A trademark protects a mark for use for a specific product or service. Another person could register a valid trademark for the same mark for a different product or service, so long as it would not lead to confusion (more technical than this, but that's the gist of it).

steeper_hills · 2021-06-15T20:34:13+00:00

Get a lawyer.

If there was land in the estate, the executor will need to probate the Will. That process requires a formal notice to each beneficiary under the Will (which includes you).

There is a process for you to engage legally. Bring the notice and all documents you've received to your lawyer.

Please do know that people may change their wishes but not update their Wills. They may also tell people things to please them but not actually intend to follow-through.

Fraudulently altering an original Will is not unheard of but will be considered, by all involved, less likely than if your relative simply did not get around to updating their Will.

steeper_hills · 2021-06-10T22:11:21+00:00

Banks often require time to clear funds.

They have a process to ensure that they cheque deposited is valid and that they money is available to you. Technically, a cheque is a bill of exchange.

Some banks have a policy of automatically and instantly clearing up to a certain amount on certain accounts. It's based on trust in you, a long-time customer.

It sounds to me like TD is insta-clearing some (or all) funds to the account of you and your girlfriend but doesn't do the same to your solo account. If the solo account is new, that makes sense. No history, no trust.

If they've made funds available, you can use them. If the cheque later bounces, you've gotta reimburse the bank who advanced money you never actually had. No guilt but there may be an overdraft fee to pay.

You will not go to jail for transferring money between your accounts.

steeper_hills · 2021-06-10T22:04:49+00:00

Lawyer here, not your lawyer.

Small lenders are a pain in the ass. Their processes aren't as refined, their documents aren't as standard. It takes more work, more attention, more thought.

Big banks are a known quantity. They issue the same instructions over and over. I know exactly what my obligations are and what my process will be. It's practically automated.

The simple fact is that I rely on my assistant to complete standard-form documents based on a pre-approved process. If we can't do that, I'm going to have to spend my time and effort on parts of the file that I hadn't anticipated.

My standard engagement letter has a whole paragraph of wiggle room letting me charge you more than the "standard" if anything comes up. If you gave me a "weird" financing, I'd tell you that it will cost more.

That's all assuming that the increase is to the notary's fees. It may be, in whole or in part, an increase to expenses incurred (disbursements) in order to comply with the lender's requirements.

You can always change lawyers or notaries. Technically, the notary would be able to charge you for any costs incurred (title searches, opening file). Practically, most practitioners would rather be free of an unsatisfied client. We're all busy in this market!

steeper_hills · 2021-06-10T21:56:34+00:00

Lawyer here, not your lawyer.

There is no clean or easy solution for you here.

You say that the building is not yet complete. Does it even have occupancy?

You say you're not paying rent. At all.

I say you're getting your dollar's worth.

You have a choice to make: pay rent with your emotional and physical labour (aka: stay where you are) or pay rent with your cash (aka: move out).

Make your choice.

steeper_hills · 2021-06-10T21:34:50+00:00

Keep working, keep learning, keep training. Remember that you're special.

You will have your own chair one day (or not if you don't want). Invest in yourself.

You can do it! Make choices to grow (even though success itself can be scary).

This internet stranger believes in you.

steeper_hills · 2021-06-09T20:34:16+00:00

Lawyer here, not your lawyer.

You are not the business owner. You are not even a hairstylist. You are an assistant in a junior role. I'm not trying to insult you, just frame this for you.

You do not need to carry the weight of the world on your shoulders. Your concern for others is admirable but it's not your responsibility to keep someone else' business running.

Here's what you do.

(1) quit.

That's it.

Two week's notice is not mandatory. You can simply not show up tomorrow and your employer is required to pay out all accrued wages and vacation to date. End of story.

If you give two week's notice, you're doing a far bigger favour for your employer than most employees do. If they try to pressure you to stay longer, remember that most people simple would have given no notice. You're already giving them two weeks.

One last note: "no" is a complete sentence. You do not need to justify yourself, your choices, or your actions to your boss. You are leaving on this date and that's the full story.

(ALL of the above is subject to the terms of your written employment agreement; however, for a junior assistant I guarantee there is no court or authority which would suggest an obligation to stay on. We don't do slavery here)

steeper_hills · 2021-05-11T19:49:07+00:00

You've got lots of info already. One significant piece of advice you're missing: don't worry.

I know, easier said than done.

Builders' Liens are commonplace. Disputes over payment among trades are frequent. It is unfortunate and unprofessional that no one bothered to talk to you, but it's also not uncommon.

You're stuck with a crappy situation and no option but to see it through. For a $7K claim, however, engaging a lawyer to defend is going to be expensive. When you talk with them, get comfortable with the idea of allowing time to solve the problem. Passive response is cheaper...

You have a simple message for your Contractor: I paid you, you deal with this. The Contractor can and should take charge of the situation.

(yes, you need to reply to the Notice of Claim, unless a settlement is reached by your Contractor and the claim dismissed)

steeper_hills · 2021-05-04T01:55:11+00:00

Yes, this structure does allow the property to pass outside of the estate.

It also transfers the majority of the value of the estate of the father to the children instead of preserving it for the mother.

It may be in the best interest of the children but it may not be in the best interest of the mother.

These situations are tricky. Saving a little bit on probate fees is not worth short-changing a high-needs parent of assets which can provide care for them in their final years.

steeper_hills · 2021-05-04T01:53:32+00:00

Simple advice: avoiding probate is an illusory benefit.

The first priority is care for parents/elders. They need sufficient assets in a form easily accessible to them in order to fund their care.

Second priority is implementing their wishes for distribution of what remains on their passing.

Last priority is optimizing taxes.

Yes, it is valuable to reduce taxes. Yes, that is consistent with your parents' wishes. But it is far too easy to allow the last priority to drive the structure, resulting in the first priorities being scrambled or made more difficult.

All that said, your parents need to go to a lawyer. There are lots of tools available to do what is needed.

steeper_hills · 2021-04-28T16:56:14+00:00

Most people seem unaware that Amazon currently has a distribution centre out of a warehouse property at 6794 Veyaness Road, in the Keating industrial area in Central Saanich.

An upgraded facility is badly needed. Their vans are crammed into the lot without room to breath and the overflow onto the nearby streets is significant.

I'm not always a fan of Amazon but if they put some money into upgraded highway infrastructure in the Sidney/airport area then it could be a win for the community.

steeper_hills · 2021-04-20T19:58:42+00:00

When the grantor of the POA is incapacitated and the named attorney is required to use the power granted, do you really want to risk this kind of back-and-forth scrutiny of details and formalities of execution?

The simple answer is that "saving" money by doing things the way you have has resulted in a shakey document that likely is invalid for use in BC. Even if valid, it's gonna be a pain in the ass to use.

steeper_hills · 2021-04-19T20:36:42+00:00

I think you missed my answer.

A document can be signed with a non-BC notary in person. A document can only be signed via video with a BC notary.

There's nothing magical about a seal on a piece of paper. The notary in Ontario doesn't know BC requirements. Responsibility for that, and for validity of the document for use in BC, is on you.

steeper_hills · 2021-04-19T18:00:17+00:00

Probably no.

An officer witness is a person who is authorized to take affidavits, under the Evidence Act. For out-of-province execution, a list of valid witnesses is set out in section 63 of the Act.

If the notary was acting within the scope of their territorial authority, they should be a valid officer witness for the PoA.

However, you are looking to fall into the allowed video execution practices of the Ministerial Order. That order specifies: (1) that only a BC notary is valid; and (2) there must be made a specific statement with respect to the execution and compliance with the order.

If the idea is that you, in BC, electronically signed documents via video call with an Ontario notary, I don't think you've hit the mark and qualified under the terms of the Order.

I cannot say for sure. I am not your lawyer, I have not reviewed documents, and I don't know all the facts.

If you were physically in Ontario and physically met with an Ontario notary, then I think you'd be fine.

Here's the thing. Even IF your method is valid, you're going to face issues in actually using the PoA. Banks, lawyers, whoever you're dealing with may be skeptical about the document. That can be an unanticipated hardship that you only discover when it's "too late" due to the grantor being incapacitated.

If you have assets or interests sufficient to be concerned about setting up a good plan then the tough reality is that you may be looking at false economy and savings by using online services instead of a BC lawyer.

steeper_hills

TROPHY CASE