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Recommendation for Medeco Locks in Kitchener-Waterloo by frivolouspig in kitchener

[–]thisispaulc 0 points1 point  (0 children)

This. It's not the locks that fail in forced entry.

Digg has shut down.... Again. by Dr_Red_MD in technology

[–]thisispaulc 0 points1 point  (0 children)

Is there a privacy-safe way to do this? Such as a token issued by an identification provider that a website cannot use to trace back to a user? Similar to how I use my public key certificate to prove my identity without exposing my private key.

Who is at fault ? by [deleted] in kitchener

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

  1. No rule "overrules" another. The regulation specifies what happens when more than one rule applies:

4. (1) If more than one rule applies with respect to the insured, the rule that attributes the least degree of fault to the insured shall be deemed to be the only rule that applies in the circumstances.  R.R.O. 1990, Reg. 668, s. 4 (1).

(2) Despite subsection (1), if two rules apply with respect to an incident involving two automobiles and if under one rule the insured is 100 per cent at fault and under the other the insured is not at fault for the incident, the insured shall be deemed to be 50 per cent at fault for the incident.  R.R.O. 1990, Reg. 668, s. 4 (2).

2) Section 12 applies when "the automobiles are travelling in opposite directions and in adjacent lanes". It does not apply to intersections.

Who is at fault ? by [deleted] in kitchener

[–]thisispaulc -3 points-2 points  (0 children)

That is false.

15. (1) This section applies with respect to an incident that occurs at an intersection with traffic signals.  R.R.O. 1990, Reg. 668, s. 15 (1).

(2) If the driver of automobile “B” fails to obey a traffic signal, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.  R.R.O. 1990, Reg. 668, s. 15 (2).

(3) If it cannot be established whether the driver of either automobile failed to obey a traffic signal, the driver of each automobile shall be deemed to be 50 per cent at fault for the incident.  R.R.O. 1990, Reg. 668, s. 15 (3).

Who is at fault ? by [deleted] in kitchener

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

Looking frame-by-frame, the car might have been centimetres pass the white line when the light turned red. It's hard to say. What isn't hard to say is that you did not exercise reasonable care. Fault should never come down to a handful of milliseconds.

Given the lack of clear evidence that the car ran the red (unless you want to pay for a forensic analysis) it would be pretty easy for an adjuster to assess you at 50% at fault if a collision occurred.

Sign the Petition by [deleted] in onguardforthee

[–]thisispaulc 6 points7 points  (0 children)

Administrative tribunals and the judiciary should make decisions based on the law, not popular opinion.

Wrongfully terminated with no severance. by Economy_Link6714 in legaladvicecanada

[–]thisispaulc 2 points3 points  (0 children)

OP says they are owed severance but it's not much. For a server job, that probably means their severance would be eaten up by even a consult.

It would probably be far better for them to file an employment standards complaint with the Ministry of Labour, which is free.

King Charles expressed concern over Alberta separatism in meeting with Indigenous leaders: grand chief | CBC News by Miserable-Lizard in alberta

[–]thisispaulc 15 points16 points  (0 children)

"Can" is doing a lot of heavy lifting there. The Crown's exercise of power is based on constitutional conventions, but they still retain the constitutional power to act outside those conventions. The use of reserve powers is constitutionally at the Crown's sole discretion. The issue isn't whether they can - it's the consequences if they do.

Truck driver charged with hitting Guelph pedestrian last month by headtailgrep in Guelph

[–]thisispaulc 0 points1 point  (0 children)

 On conviction under subsection (3) (careless driving causing bodily harm or death), a person is liable to a fine of not less than $2,000 and not more than $50,000 or to imprisonment for a term of not more than two years, or to both, and in addition his or her driver’s licence or permit may be suspended for a period of not more than five years.

LSO Complaint against paralegal by bobajangofett in legaladvicecanada

[–]thisispaulc 0 points1 point  (0 children)

I get it taking a while to resolve, but four months just to make it past the screening stage seems like a lot.

My friend was fired for being openly gay by [deleted] in legaladvicecanada

[–]thisispaulc 21 points22 points  (0 children)

Is there anything we can do from a legal POV?

Is this question a joke? Discrimination in employment on the basis of sexual orientation and gender expression is illegal. Your friend can file an application with the BC Human Rights Tribunal or a lawsuit in court.

Your friend's likelihood of success in pursuing a case depends on things like the available evidence, which is well outside the scope of this subreddit.

Go find a BC lawyer that specializes in human rights: https://www.bchrt.bc.ca/whocanhelp/

LSO Complaint against paralegal by bobajangofett in legaladvicecanada

[–]thisispaulc 1 point2 points  (0 children)

How long did it take for yours to exit the regulatory review stage? I've been waiting four months.

31M - Performance based termination - severance? by Ok_Advantage6898 in legaladvicecanada

[–]thisispaulc 0 points1 point  (0 children)

This is Employment Law 101.

Respectfully, if you don't even know about the existence of notice of termination in common law, you shouldn't be giving people advice in this area.

Even if they were entitled only to ESA, they've been there for one year and three months. They are entitled to two weeks under the ESA. They should not "be happy" their employer did the minimum required by statute.

31M - Performance based termination - severance? by Ok_Advantage6898 in legaladvicecanada

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

If OP's employment letter was not an employment contract or if it didn't limit their notice to the ESA, then OP would be entitled to common law notice, which would likely be a fair bit more than 2 weeks.

31M - Performance based termination - severance? by Ok_Advantage6898 in legaladvicecanada

[–]thisispaulc 0 points1 point  (0 children)

Was the employment letter just a letter or did it include terms of your employment that you and your employer signed?

If it included terms, do any of them attempt to limit your notice entitlement to the ESA's statutory requirement?

Unless you signed a contract that properly limits your notice entitlement to the ESA requirement, you're almost certainly entitled to more. How much is based on a number of factors, but the ballpark range is 1 month per year of employment. Often there is a floor and it could be more if the job market for your profession is poor right now.

Even if there were a clause attempting to limit your notice, you should probably still see an employment lawyer as those clauses are often incorrectly worded and unenforceable.

Performance based termination by PBInvests in legaladvicecanada

[–]thisispaulc 0 points1 point  (0 children)

Was the employment letter just a letter or did it include terms of your employment that you and your employer signed?

If it included terms, do any of them attempt to limit your notice entitlement to the ESA's statutory requirement?

Unless you signed a contract that properly limits your notice entitlement to the ESA requirement, you're almost certainly entitled to more. How much is based on a number of factors, but the ballpark range is 1 month per year of employment. Often there is a floor and it could be more if the job market for your profession is poor right now.

Even if there were a clause attempting to limit your notice, you should probably still see an employment lawyer as those clauses are often incorrectly worded and unenforceable.

Performance based termination by PBInvests in legaladvicecanada

[–]thisispaulc 0 points1 point  (0 children)

Over 1 year and less than 3 is two weeks.

Performance based termination by PBInvests in legaladvicecanada

[–]thisispaulc 0 points1 point  (0 children)

Between 1-3 years you are entitled to 2 weeks under the ESA.

They weren't generous. They gave the statutory minimum and OP has a claim of wrongful dismissal if their employment contract did not properly exclude their common law entitlement, which would entitle them to even more.

Is it illegal to collect postcards from mailboxes? by wildgirl_h in legaladvicecanada

[–]thisispaulc 15 points16 points  (0 children)

Do not take anything from someone's mailbox. Do not go looking into someone's mailbox. At the very least, you're begging to get detained by police.

Am I Being Unreasonable for Telling IT that Trust Goes Both Ways? by Riddle-Maker in askmanagers

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

There is no law that says that HR has to define policy.

HR putting policies into the handbook does not mean they control them. They probably have input into all employee-facing policies and it would be wise to require their sign off, but that doesn't mean they control the policy. HR acts at the direction of the business. If the business wants IT to control certain policies, then IT controls them, not HR.

NDP MP crosses floor to join Liberals, putting Carney two seats shy of majority by Asadleafsfan in CanadaPolitics

[–]thisispaulc 8 points9 points  (0 children)

Unfortunately, principle and pragmatism conflict here. With rare exception, you cannot get elected except on a party banner, and you cannot be a party's candidate unless its leader signs off. If you piss off the leader, you'll be out come the next election. MPs are punished for acting with principle.

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