Ask A Lawyer
Ask a Lawyer – “My intimate pictures were shared on the internet by my ex. Is there anything I can do?”
An intimate image is legally defined as “an image that depicts a person engaged in explicit sexual activity or that depicts a sexual organ. Furthermore, the image would have to be one where the person depicted had a reasonable expectation of privacy at the time of the recording and had not relinquished his or her…
Read MoreAsk a Lawyer – “I was named as the executor for an estate. What does this entail?”
Following the passing, an executor named in the will, who accepts the task, should consider fulfilling some “preliminary” tasks such as making funeral and burial arrangements, redirecting mail, and publishing an obituary. Once the preliminary responsibilities have been completed, an Executor should begin distributing the items as outlined in the will. The Executor would need…
Read MoreAsk a Lawyer – “My landlord came into my apartment without notice. Is this, okay? What are my rights?”
Article 16 of the Residential Tenancies Act of New Brunswick provides that the landlord or any of their representatives shall not “enter the demised premises during the term of a tenancy”. However, this Act specifies that the Landlord may enter the premises without notice “where a tenant has abandoned the demised premises; or an emergency…
Read MoreAsk a Lawyer – “The airline lost my luggage. Is there anything I can do?”
According to the Montreal Convention of 1999, airlines are held liable for damages that have occurred en route or as a result of delayed or cancelled flights, as well as lost or damaged luggage. The convention provides financial compensation, up to approximately $1,700 for luggage that was lost, damaged or delayed. This convention applies to…
Read MoreAsk a Lawyer – “My spouse and I have been living under the same roof but living our own lives. Does this count as “living separate and apart” for the purpose of a divorce?”
With financial pressures, it is becoming increasingly common to live together post-separation. In fact, the Ontario Supreme Court addressed this issue in the decision McBennett v Danis. The couple lived separate and apart, but under the same roof; in order to determine whether a couple is living “separate and apart” for the purpose of a…
Read MoreAsk a Lawyer – “I’ve been a victim of spousal abuse. How does this affect parenting time/decision making with our children?”
A particular issue in parental conduct is the risk of children being victims or witnesses of family violence. The courts are more likely to assess such a risk when deciding parenting time of the child. The presence of violence must now be a part of the assessment of a person’s fitness to parent. In fact,…
Read MoreAsk a Lawyer – “My house has a swimming pool. Does this pose any legal risk to me, and what should I do to mitigate these risks?”
Swimming pools are impacted by the legal system primarily in two ways. First are the regulations that the province and your municipal government may impose. These would include, for example, zoning by-laws that restrict what kind of swimming pools can be constructed. Such regulations are enforced by government officials, and a typical penalty for breaching…
Read MoreAsk a Lawyer – “I was fired from my job. What are my rights?”
Determining what your rights are if you lose your job largely depends on the facts of your case. If your ex-workplace is unionized, the termination provisions will be governed by the collective labour agreement. In this case, you should talk to your union representative so that your matter could proceed through the labour grievance process.…
Read MoreAsk a Lawyer – “Water from my neighbor’s land keeps flooding mine. What can I do about it?”
If your land is being flooded by water from your neighbor’s land, the dispute will usually (but not always) fall under the law of nuisance. Nuisance allows you to sue someone who uses their land in a manner that interferes with your ability to reasonably enjoy your land. When it comes to disputes over flooding,…
Read MoreAsk a Lawyer – “I signed a domestic contract with my ex-spouse. Can I claim more support or more property than the domestic contract says I can?”
The short answer is – possibly. Domestic contracts are agreements that govern the parties’ rights and obligations under family law – such as the ability to claim support or apply for division of property. Domestic contracts include separation agreements, prenuptial agreements, marriage contracts, and so forth. Generally, the courts say that domestic contracts cannot be…
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