r/legaladvicecanada Aug 18 '22

Meta Resources & Referrals

54 Upvotes

Here are some resources collected by the members of this sub to help you find legal representation when you need it.


r/legaladvicecanada 9h ago

Canada Canadian citizen being involuntarily held in 'rehab in Bangladesh

287 Upvotes

My friend immigrated to Canada around 10 years ago and got her citizenship. About a month ago she had to go home to take care of some business with some property she owns.

While there her parents, who don't agree with her liberal lifestyle, had her committed to a 'rehab' center. From what I understand she cannot contact anyone, is confined to a locked room, medicated, and only allowed the Quran to read.

Is there anything that can be done to help her?


r/legaladvicecanada 9h ago

Alberta Is it illegal for a shelter to inflate their stats

59 Upvotes

I work at an emergency homeless shelter. we are required to upload our daily occupancy to the AB Govt website and we have basically been told to count empty beds as full. Is this illegal?


r/legaladvicecanada 2h ago

Ontario Are there resources for people who were victims of a marriage of convenience/used for sponsorship?

12 Upvotes

Got used and told I was loved by a close family friend of mine.

Since he got here he’s been nothing but distant and even physically abusive. I’ve reported a case against him for domestic violence a few days ago,,

It just hurts,, he even told my dad over the phone that he was planning to leave me gradually,, I don’t know what to do,, I don’t wanna take revenge because it feels wrong but I wanna have support, I wanna be with people who was in the same situation as me.


r/legaladvicecanada 6h ago

British Columbia Is this legal? Glorified laneway “home”- $1500/mo, no kitchen, and only heat source is small portable heater?

23 Upvotes

Located in east van. There’s barely a window and very little space. Tenant is a friend. She is an easy person to take advantage of and she is about 60 years old. No stovetop even. I think she got herself a hot plate. Very loud at night and she can’t sleep.

But the main part I believe may be illegal is the portable heater as only heat source?

Edit to add: I want to help her find a better living situation. If this is a problem, what route to take to get her out of her current lease without have to pay? Any other solutions welcome. Tia


r/legaladvicecanada 12h ago

Northwest Territories Being asked to lie and keep quiet by employer

51 Upvotes

I handle inventory for a remote camp. While counting our most recent orders I found one of our sea cans were loaded with supplies that aren’t ours. I notified my manager and a few hours later I was pulled into a meeting with the leadership at the camp and told not to tell anyone about it.

The freight company emailed a few weeks after asking if we have received anything by mistake. I forwarded the email to my manager who replied saying we haven’t seen the missing supplies.

I estimated the value of the items at roughly $80,000-$100,000 worth of stuff. It’s a lot of highly specialized equipment that we can use up north, but we didn’t pay for.

While talking to my contact at the freight company yesterday he mentioned the company is investigating the missing equipment. I don’t know if they can trace it back to our sea cans specifically, but I hate being in a position where I’m being asked to lie to our supplier.

Am I legally responsible to report this to the supplier? I have emails where they talk about the supplies, where they came from and how they plan to use them. They talk about how the shipper’s insurance will cover it so it’s not that bad. One email is literally just the word “jackpot!”

My fear is the freight company figures out where the equipment went and the RCMP get involved and I’m asked to lie to them. I’d rather not be in that position.


r/legaladvicecanada 2h ago

Ontario Employment Abuse? LMIA/Student specific

7 Upvotes

I'm trying to assist in a complicated situation regarding some non citizens who work alongside my son, and seem to be getting abused by their boss; but I don't know the ins and outs of employment law, especially for those here on LMIA and/or international students with work visas.

This is happening at a Drug Store in Ontario that was bought by a new owner about a year/year and a half ago and these changes have all happened within that time frame:

LMIA workers in supervisory positions are only getting paid $17.00 and hour- minimum wage in Ontario is $17.20 base rate and supervisors are generally paid more for the extra responsibilities. LMIA supervisors are getting less then minimum wage while generational Canadians are getting their proper mandated raises- no performance based raises are ever issued.

LMIA workers and international students have to come into work for one full hour before their shift begins and work doing odd tasks for that hour before they punch in for their actual shift- the boss does not have generational Canadians coming in early for unpaid work, only those new to the country have that expectation.

Prior to that ⬆️ one hour free labor, the boss was docking pay by 15 minutes for every one minute someone was late to their shift- again only people new to the country, not generational Canadians.

Shifts longer than 8hrs- that extra free hour is only part of the problem, non citizens are being expected to work longer then the 9hrs (8hrs + free hour) regularly, and often off the clock just to "help out" for free.

No OVERTIME- because they're not clocked in for these mandatory free hours or their "helping out" hours, non citizens are not getting paid the overtime they deserve and are due. The LMIA hires are more often then not working 10hr shifts- one free hour before clocking in and another free hour after they clock off; but Candian citizens are not asked or allowed to work any overtime.

No new local hires- as positions become vacant the store is filling them with people on LMIA. As seen above the LMIA hires are being badly exploited for both free and reduced labor.

Promotions only going to non citizens- as supervisory positions become available they are being given to the newer hires already here on LMIA or on new LMIAs coming in specially to work for this employer, and generational Canadians who have been there much longer are being passed by, seemingly so the boss can exploit these other workers.

Breaks being taken away- a newly appointed supervisor is now trying to take breaks away from ALL employees. The 15 minute breaks are what's being targeted currently, and this time they're trying to take them from citizens as well- the non citizens had their 15s taken away long ago, and some never had them to begin with.

Working while on breaks- many of the LMIA hires (women specifically) are being told they have to work through their breaks. They aren't getting the 15 minute breaks at all, and are told to work while they eat during their 30. No additional breaks are given for extended hours either.

Please Help‼️

I don't know enough about employment law for non citizens and from what I've read some of the payment standards can be different; but I don't believe the boss is entitled to free labor, and I'm fairly certain that non citizens are still entitled to the same breaks and overtime pay as citizens.

How do we deal with this in a way where the vulnerable people who are here on LMIA won't be negatively effected?


r/legaladvicecanada 19h ago

British Columbia Neighbour tenant keeps parking on my driveway. Surrey Police and RCMP don’t care. What is my legal recourse?

131 Upvotes

I’ve had him towed and city bylaw have ticketed him numerous times for blocking driveway. His landlord has requested him few times.

Surrey Police explicitly told me they cannot do anything. I asked them to visit the tenant for trespassing on my property.

What is my recourse here? I want peace. Should I just slash his tires if he’s on my driveway next time?

edit - thanks everyone I will continue to tow. No I won’t slash tires I understand


r/legaladvicecanada 15h ago

British Columbia Evicted under personal use clause, Unit is now up for rent.

53 Upvotes

As the title says, My wife and I were evicted under the personal use clause of the RTA in BC. This was in August 2024. I have been keeping my eyes open regarding the property as it was a duplex and they evicted both sides for "Personal/family use" and I had my doubts.

About a week ago the Landlord posted an instagram story with the unit for rent. Looks like it has been heavily renovated, and they have basically doubled the price.

I know the Tenancy Act states that I'm entitled to compensation if this happens, but I am just not super clear about how to go about doing something about this. The instagram post does not state the address, but based on the photos (you can see the address numbers on the house) it is the same place.

Do I just file a dispute myself with the RTB and give them the instagram post and photos as proof? Do I need to send a demand to the former landlord? Should I try to gather more evidence before I do anything? I've never done anything like this so I'm not certain what exactly my next step is. Additionally I want to let my former neighbor know that this is happening too, as they were evicted for the same reason. Will having both disputes help each other or should I not even bother mentioning the other duplex tenant in my dispute?

Thanks in advance.


r/legaladvicecanada 17h ago

British Columbia Relative being sued by deceased spouse's family for not giving them partial proceeds of her real estate sale.

71 Upvotes

Relative's husband died in early 2024. In 2023 he had their house appraised and he told his siblings he intended to gift them a significant amount of money after he and his wife sold their house. He was terminally ill and knew the house would be sold after he died as his spouse would not want to stay in it nor be able to service the debt on it.

After his death, the house was eventually listed for the appraised price but languised for months. It ended up selling for two thirds of what he anticipated it would sell for. There was no profit from the sale, instead there was a loss.

His spouse is not in the financial position to follow through with her husband's wish to gift his siblings the money previously discussed. The siblings are now suing her saying it's not their problem the house sold for less than anticipated. They believe they are still entitled to the amount their deceased brother said he would give them. He had a will, but he did not include the gift in his will. All of his assets (which were few as he sold everything to build their dream house) went to his wife. They were joint on the house as well.

Do they have any sound legal claims? Could she lose and be forced to pay them? If she wins, could she be awarded her legal costs? What's her best course of action? She has a lawyer who is pushing toward settlement, but they already rejected an offer of 25% of the amount her husband said he would gift them.


r/legaladvicecanada 34m ago

Ontario requesting to end lease early as a tenant in ontario

Upvotes

My current situation is that I am a tenant and share a house with a family upstairs, the noise has been horrible for a few months especially with the kid running and jumping and i've given my landlord video of the noise. he said he understands and spoke to them but its no longer as frequent but it hasnt stopped - im losing full nights of sleep because of this.

it's a full year tenancy and i have 6 months left (ends june 30th 2025), I've asked if he would be willing to end it early and even offered him to keep the last month deposit plus one more month. what can I do in my situation, can I give him a 60 day notice and then move out or maybe something else?

I hate doing this and Ive been a good tenant but im losing full nights of sleep because of the random noise and its starting to take a toll on my health...


r/legaladvicecanada 3h ago

British Columbia [BC] Am I Entitled to Severance?

3 Upvotes

I've been working steadily for a last mile carrier the last few months and just an hour ago received email notice from admin that I've been fired effective immediately. This with no indication and after receiving a schedule from dispatch yesterday.

I do not have a contact number for admin, just the dispatch desk I get my schedule from. Also there is no front facing phone number for the company.

Hired ----------- September 28th Terminated – December 28th Notice Dated – December 26th

Going with the date I actually received the notice is this still within the probationary period or am I able to demand severance?


r/legaladvicecanada 19h ago

Ontario Can I legally be fined if my friend was shoplifting and I didn’t know?

58 Upvotes

So basically I was at the mall with my friend today and long story short she stole a pair of earrings and I was unaware until we were out of the store and the undercover security guard came over to us and escorted us back to the store, handcuffed us and get all our information. Ultimately, we were both banned from the mall and all store locations of the particular store, had an arrest added to our records, and each fined.

My problem is that I didn’t do anything wrong and was unaware of my friend’s actions, yet I was still fined $100. I just want to know if that’s actually allowed because everyone that I’ve told is mad about me having to pay.

I’ll answer any questions for clarification. Thank you!


r/legaladvicecanada 6h ago

Ontario Downloading Music to SSD, or HDD from youtube, Illegal?

3 Upvotes

Downloading Music to SSD, or HDD from youtube, Illegal? (in Canada)

This is to settle an argument I've been having for a while.
Under Canadian law, more specifically 80(1) of the Canadian Copyright Act, |

"[80]() (1) Subject to subsection (2), the act of reproducing all or any substantial part of

  • (a) a musical work embodied in a sound recording,
  • (b) a performer’s performance of a musical work embodied in a sound recording, or
  • (c) a sound recording in which a musical work, or a performer’s performance of a musical work, is embodied

onto an audio recording medium for the private use of the person who makes the copy does not constitute an infringement of the copyright in the musical work, the performer’s performance or the sound recording."

there was some federal court ruling in '05, but nothing substansial came from it that I know of.
So is it legal to download mp3s from yt (using like ytmp3, aka not premium).
Is it illegal? is it against TOS? what am I liable for if I were to do this?

Thanks, and please, if possible, refer to Canadian Law, court cases, etc.
I want to have linked proof against or for my argument


r/legaladvicecanada 1h ago

Ontario US Citizen looking to transfer Ontario Cottage to Next Generation

Upvotes

Hi All,

Any info or thoughts here are greatly appreciated!

We have had a family cottage in Ontario for a few generations and we are thinking ahead on what the best way is to transfer the cottage to our children. Of course looking for the most efficient ways to transfer the property in a way that would limit taxes, primarily capital gains. If the capital gain is significant, it may be impossible to keep.

Best to sell to children? Gift? Add joint tenant? Transfer? Trust? Pass on at time of death?


r/legaladvicecanada 1h ago

Quebec Lease transfer troubles. Please help

Upvotes

I wanted to transfer my lease. Signed a lease transfer contract to a potential candidate. Candidate says he has a full time job. I sent the notice to landlord and forgot about it. Candidate disappears during the 15 days following the notice. Landlord then refuses the transfer saying that the candidate doesnt exist and wants me to pay the rent. Will bring me to court if i dont.

I dont think im required to pay because candidate has a job and would be able to pay for the rent. Idont have proof tho, just facebook messages of him saying so. I am convinced he is real. I mean he signed the contract and sent it back to me. Everything was done remotely because im not in the city anymore.

I dont really know what to do. And what my options are at this point. Please help, thanks.


r/legaladvicecanada 10h ago

Ontario Video cameras in the home

3 Upvotes

Hello I am going through a legal separation and still living with my ex. My ex has placed some cameras in the home . 1) camera is in the family room 2) camera is on technically you can wear on your personal but sometimes I find it placed somewhere in the house. Today I found it right underneath the sofa in the family room. I took pictures. I don’t have time today to research if this is legal or not so I’m asking here. My ex has never mentioned that he would be doing this. Thank you for your help.


r/legaladvicecanada 6h ago

Ontario EI Bonafide Job Interview

2 Upvotes

Hello everyone! I’m currently on EI since there are currently no hours available at my place of work. I have a bonafide job interview in the USA and I would be able to work there since I’m also a U.S citizen. What would Service Canada ask me to provide as evidence for this job interview?


r/legaladvicecanada 4h ago

Ontario Can your employer force you to resign?

0 Upvotes

Hi guys, this is a bit of a tricky situation. I’ve been working at this place for a year now. A few months ago, I told my employer that I couldn’t commit to a fixed schedule anymore so they offered me to be on a “pick-up” basis schedule. I am basically not guaranteed any hours and I pick up shifts when they are available. They recently asked everyone to commit to 2 shifts a week. For those unable to work twice a week, they are asking us to resign. Can they do that?


r/legaladvicecanada 5h ago

Canada Immigration question

0 Upvotes

Was arrested in 2021 for a drug charge for something I had nothing to do with. I was acquitted shortly after when we went to court. I have all the documents (although in Italian) to prove it etc (clearly states acquitted for not having committed the crime). Is there any danger of being turned away at the border? TIA!


r/legaladvicecanada 1d ago

Ontario She was fired today

115 Upvotes

My friend called me this morning and said that she got fired today. A few weeks ago she started this new job and things were shady from the jump. The on-boarding was 24h, the HR department wanted her to start working as soon as possible. She told them that she had another job, but they insisted that she start working with them at the last minute. Unfortunately, it meant she had to quit her job without notice (I knew this was a mistake but my friend is an honest person to a fault). After the on-boarding, she started working without a formal letter of offer. Then, the salary posted on the job posting was not the salary given to her. In fact, the pay was lower than what was advertised. My friend needed an income so she kept working.

After all of this today she goes to work they tell her that she was fired because there is not enough work. Apparently, probation is supposed to last three months but she got fired they did not talk about her job performance at all. I am not sure if this may provide context, but her position was unionized. They even confirmed that it was going to be a permanent position. What are her next steps? We could use all of the advice we can get.


r/legaladvicecanada 6h ago

Quebec Challenging Parking ticket

0 Upvotes

I challenged a parking ticket in Montreal last December (2023). I received mail for my trail date of December 1st week, but I believe due to the Canada Post strike, I just received that mail at the end of December (2024). What do I do now? Can I ask for a new trial date?


r/legaladvicecanada 6h ago

Ontario Parent has old will (which we are changing soon). Wanted to know what the ex-wife would've been entitled to? (ONTARIO)

0 Upvotes

Parent has an old will that includes an ex-wife. It's going to be changed soon but I wanted to know what the legal implications of the will's wording are:

"To deliver to my wife (now ex-wife), if she survives me for thirty clear days, all articles of personal, domestic, and household use I may own except jewelry and artwork, investments and automobiles.

To divide the residue of my estate to my child () provided that if they do not survive but leave a child or children who survive me for thirty clear days, such child or children of my deceased child shall take (if more than one, in equal parts) the share to which my deceased child would have been entitled if he/she had so survived me."

Anyways obviously the ex-wife is going to be removed. But what exactly does the will entitle them too. I understand that at face value the whole "personal , domestic and household use" element plus the exclusions makes it seem minimal and almost as if they are just being left a couch or chair. But could this also include actual property like houses/condos? What would it actually entitle her to?


r/legaladvicecanada 1d ago

Canada Is this legal?

38 Upvotes

I work as a realtor and I am part of a team. I was pulled into a meeting one day where one of my bosses grabbed my phone to check to make sure it wasn't recording the conversation. She then proceeded to say that I needed to be in the office every single day starting January. Normally that would be OK except for the fact that I have a four-month-old baby and I haven't stopped working. I was working while I was in the pre-op room waiting for my C-section operation. I have been working nonstop since I've had my baby. Even having to take them to showings and to other appointments. Making sure I'm in the office a minimum of three hours a day is really going to screw with me and my baby because they need to have a nap and some sort of routine. Not to mention if I were to have showings or any other work appointments I can't mess the three hours so I would have to do that on top. A baby should not be taken away that much. I can't secure daycare until just after six months but it doesn't sound like I will get that opportunity to get in until possibly a summer. This is not some thing that was mentioned before I had my baby and I'm just not sure if this is something that is even legal. I just feel horrible for my baby and I can't leave because I don't know if I will get another job anywhere else. Anybody have any advice?


r/legaladvicecanada 9h ago

Nova Scotia Downside to not getting divorced

1 Upvotes

Situation was domestic violence 18 months ago and there has been no direct contact since. Ex moved out of province 8 months ago.

There’s no house, cash savings etc. 2 kids but 1 is an adult and the other is 16, they want no contact either so not like there is custody issues. We were mostly both employed full time but I had the higher income. We have no joint bank accounts or credit cards. I have a locked in pension and RRSPs in my name. It’s not that much, probably between both $125k. We’d have had more in savings but a lot of money got spent by ex.

I don’t want to get remarried and so my feeling is that there’s little reason to seek divorce as it would just be an unnecessary expense. A family member said I should file now because even if I don’t want any child support (I don’t), if I wait past my child turning 18, my ex could then file demanding alimony. While I would like that feeling of being completely free talking about it gives me a lot of anxiety. My children and I suffer from PTSD after many years of domestic violence and abuse so I’m okay with the situation as is.

This may not be the best option though financially or legally. I have a hard time believing he’d get alimony as he’s a well educated person capable of work. He left with no debt and all his personal belongings (what I said about spending money, he had thousands of dollars of tools, various bits of equipment etc). I’m being advised to file now and offer to waive child support etc in exchange for no alimony and no claims to my pension/RRSP because no matter what I might have to spend now it will be cheaper than waiting to see what ex might do down the road. From past experience I think probably nothing but you never know.

It’s burying my head in the sand to just want to do nothing but wondering if there is a downside.


r/legaladvicecanada 3h ago

Ontario Problem neighbour recently arrested-- Looking for details

0 Upvotes

Toronto. There is a troublesome neighbour who has previously threatened my wife and caused other problems in the building. We know he has had some legal trouble in the past as well.

Found out he was recently arrested for "multiple retail break and enter" apparently he has been robbing stores at night. The cops came to get him at home.

My question is, how can I legally find details on his charges and court case, or possibly even request the bodycam footage?

He has apparently bailed out and is back in the home now, and his behaviour since has been even more erratic. We can hear him shouting sexist and racist nonsense at nobody in his unit... It would really make us feel a lot safer if we had an idea whether, and for how long, he might be going to prison.

And the desire for body cam footage is just equal parts morbid curiosity and a bit of a desire for vindication after years of neighbour hell.

Thanks in advance for advice on how to find these things!