Posts Tagged ‘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 – “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 – “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.…
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