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Malcolm posted:The "and" is completely superfluous and they should have just let it be an "or" statement. It is needlessly complicated but I bet that comes with the territory! It is absolutely not if you're trying to use precise language.
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Mar 20, 2015 03:52
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Seriously, "A or B" implies that it does not apply to "A and B". There's a lot of people looking to throw tons of money at any perceived loophole in regulation. The people making the rules try hard not to have loopholes. That being said, yeah, a lot of Canadian regulations are pretty sloppily written.
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Mar 20, 2015 04:15
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All I'm saying is that the "or" operator is the inclusive "or" in formal logic. If P or Q is true, then the statement is true. Whether or not the field of legal drafting chooses to use these strict definitions is a different matter, so I guess you guys are right. Now I'm imagining contracts with XOR sprinkled throughout the text. "And/or" is a ridiculous device. If you want to make it informal-speech friendly you should say, "A cantaloupe is large if its diameter is greater than 10 inches OR the weight exceeds 10 lbs, or both of these conditions are true." Exclusive "or" should use "but not both" instead. Malcolm fucked around with this message at 05:25 on Mar 20, 2015 |
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Mar 20, 2015 05:23
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And/or is used in the law on a regular basis and is in no way ambiguous, stop trying to pretend there was even a remote question about your stupid magnet gun.
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Mar 20, 2015 06:35
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Chamale posted:Is a magnet gun legally a firearm in Canada? The law says it's not a firearm if it's: "Firearm" for what purpose? You're quoting the Firearms Act exemptions to the Federal registration requirements. The Criminal Code defines firearms as "a barrelled weapon from which any shot, bullet or projectile can be discharged and that is capable of causing serious bodily harm or death to a person, and includes any frame or receiver of such a barrelled weapon and anything that can be adapted for use as a firearm" For a lot of purposes the Code applies. Often provincial or municipal laws also apply. This is a very complex and technical area of the law and you should be very, very careful. Do not ask the internet. You can call the RCMP Canadian Firearms Program at 1-800-731-4000 to find out if your gun would be considered a firearm for the purposes of the Firearms Act.
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Mar 20, 2015 13:12
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You might have better luck asking in one of the TFR question threads than this one, too.
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Mar 20, 2015 19:54
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I've got an unemployment question. I apologize if this isn't the right place for this but the forum search is kind of weird. I'm in Toledo, OH and the company I work for is in Cleveland, OH. The long and short of it is, my job is threatening to "let me go" if I don't renew my two year contract with them. I'm actively looking for better work and am not interested in locking myself into another employment contract with them. The contracts we have currently supposedly state that we are not allowed to leave for any reason more or less and the company has successfully sued people for leaving before their contract is up. What I'm wondering is, if I decline to sign this and they "let me go", am I going to be boned out of unemployment? I checked the OJFS website and it pretty plainly states that you are only eligible if you lose your job "through no fault of your own" but I'm not sure if this would fall under that or not. I do want to continue working at my current job for now, I just don't want to be contractually locked into it.
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Mar 20, 2015 21:37
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I've got a question about savings bonds I have inherited from a late friend. I have about 2k worth of savings bonds to cash in, I am unsure as to how to go about it. I was told by one bank official at one branch to come on in they could help me (and then that guy left his position) and then I was called at home by a teller who told me banks don't handle cashing these things in. So...... How do I cash these things in? Any help would be appreciated. Also, bonus question, I have noticed that on several of them the name was spelled wrong. What does that mean for me in terms of extra stress and handling this? I also have one savings bond that won't be mature until, Christ, I believe 2030. Do I just get that in my name somehow, or do I just wait and bide my time like a bump on a log and wait to repeat the cashing in process then?
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Mar 20, 2015 21:59
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errol _flynn posted:I've got a question about savings bonds I have inherited from a late friend. I have about 2k worth of savings bonds to cash in, I am unsure as to how to go about it. I was told by one bank official at one branch to come on in they could help me (and then that guy left his position) and then I was called at home by a teller who told me banks don't handle cashing these things in. Not really a legal question, but.. call another bank and ask if they redeem savings bonds? You can also convert them to electronic savings bonds and manage them online (and redeeem them if you want and deposit the money into a bank account). Or you can mail them in to redeem as well. http://www.treasurydirect.gov/indiv/research/indepth/ebonds/res_e_bonds_eeredeem.htm Suspect that you'll be ok redeeming as long as the social security number is correct and the name is relatively close but don't know that for sure.
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Mar 20, 2015 22:10
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fordan posted:Not really a legal question, but.. call another bank and ask if they redeem savings bonds? You can also convert them to electronic savings bonds and manage them online (and redeeem them if you want and deposit the money into a bank account). Or you can mail them in to redeem as well. http://www.treasurydirect.gov/indiv/research/indepth/ebonds/res_e_bonds_eeredeem.htm Nah, it isn't really a legal question, but lurking in the back of my mind was the fear of having to somehow pay for an attorney in this. But thank you for such a quick response, fordan. This inheriting things is a daunting process for a novice like me, it seems. Thanks again!
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Mar 20, 2015 22:14
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The company I was working for went out of business last month and has filled for bankruptcy. I never got paid for my last two weeks wages and had a couple of vacation days left as well. From what I've read, it looks like unpaid wages are one of the highest priorities for the money left over from selling assets. Not sure what kind of paperwork I need to file to get my pay, the court webpage is confusing. I'm in Minnesota.
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Mar 20, 2015 22:41
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Not every bank redeems savings bonds, but many do. The teller who said "banks don't do that" was wrong and also a jerk.
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Mar 21, 2015 01:11
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AlbieQuirky posted:Not every bank redeems savings bonds, but many do. The teller who said "banks don't do that" was wrong and also a jerk. You ain't kidding. The same branch of the bank lost my paperwork from closing out a safety deposit box, and then when I came in to re-sign the paperwork, they also had lost the keys. When this estate business is eventually settled, I'm switching to the credit union.
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Mar 21, 2015 11:21
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As mentioned before my wife is the trustee of a trust. Her father is the beneficiary/recipient of anything of this trust. The trust owns a vehicle which he drives, and is responsible for the upkeep of(including maintaining insurance). What if he stops maintaining insurance properly, and continues driving. Can my wife as a trustee be at all held liable if he is to get into an accident/cause some damage? Or would only the trust be all that is liable, and would effectively lose all its money/dissolve?
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Mar 21, 2015 20:05
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dxt posted:The company I was working for went out of business last month and has filled for bankruptcy. I never got paid for my last two weeks wages and had a couple of vacation days left as well. From what I've read, it looks like unpaid wages are one of the highest priorities for the money left over from selling assets. Not sure what kind of paperwork I need to file to get my pay, the court webpage is confusing. I'm in Minnesota. Sorry about the loss of your job. As not-a-lawyer but someone whose been through that you should be listed by the company as one of the creditors. The trustee/court should send you a proof of claim form, but keeping an eye on the bankruptcy isn't a bad idea; I know I used PACER to watch the filings when my old company went under. Don't expect the money anytime soon.
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Mar 22, 2015 00:31
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Jibo posted:The long and short of it is, my job is threatening to "let me go" if I don't renew my two year contract with them. I'm actively looking for better work and am not interested in locking myself into another employment contract with them. The contracts we have currently supposedly state that we are not allowed to leave for any reason more or less and the company has successfully sued people for leaving before their contract is up. The gently caress? I'm not sure I'd take a job I was legally not allowed to leave for 2 years, even if that job were "official receiver of blowjobs". That said being able to be sued for leaving a two year employment contract sounds kind of crazy, even for the cyberpunk dystopia that is modern amercia. Are you sure it wasn't a non-compete or claw-back for some kidn of advanced payment that they were being sued for?
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Mar 22, 2015 04:24
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DuckConference posted:The gently caress? I'm not sure I'd take a job I was legally not allowed to leave for 2 years, even if that job were "official receiver of blowjobs". That said being able to be sued for leaving a two year employment contract sounds kind of crazy, even for the cyberpunk dystopia that is modern amercia. Are you sure it wasn't a non-compete or claw-back for some kidn of advanced payment that they were being sued for? Yes, I am. It's a tech job and one of the people I know who left and got sued left for a groundskeeping job for an apartment complex. The company I work for is shady as gently caress and I'd be happy to share the employment agreement I signed if that's at all relevant. E: To be clear, I didn't realize there was an "absolutely no reason to leave" clause when I signed the paperwork. My bosses and stuff were all like "Oh yeah you gotta sign this" and I was dumb and trusted them because one of them was a buddy of mine at the time and they were like "Gotta get that poo poo in now now now now" and didn't really give me much opportunity to get it reviewed. Jibo fucked around with this message at 09:38 on Mar 22, 2015 |
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Mar 22, 2015 09:33
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Jibo posted:Yes, I am. It's a tech job and one of the people I know who left and got sued left for a groundskeeping job for an apartment complex. This kind of non-compete is not allowed anywhere in America. Edit: Jibo posted:and the company has successfully sued people for leaving before their contract is up. This is also stdh.txt blarzgh fucked around with this message at 17:11 on Mar 22, 2015 |
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Mar 22, 2015 17:09
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You can absolutely sue people on term contracts for leaving prior to end of term? Like, it's basic we discussed it in contracts in 1L. You can't usually get specific performance but it's a pretty simple breach of contract case.
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Mar 22, 2015 18:30
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fordan posted:Sorry about the loss of your job. As not-a-lawyer but someone whose been through that you should be listed by the company as one of the creditors. The trustee/court should send you a proof of claim form, but keeping an eye on the bankruptcy isn't a bad idea; I know I used PACER to watch the filings when my old company went under. So I don't have to do anything at this point? I haven't gotten any information about what's going on (I heard about the bankruptcy while trying to file a complaint with the department of labor), but I wouldn't be surprised if these things are very slow moving. Thanks for the info.
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Mar 22, 2015 18:45
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Kalman posted:You can absolutely sue people on term contracts for leaving prior to end of term? Like, it's basic we discussed it in contracts in 1L. You can't usually get specific performance but it's a pretty simple breach of contract case. Semi-recent changes to the United States Constitution make indentured servitude illegal and contracts seeking to enforce a illegal provision are unenforceable. Covenants not to compete are generally disfavored, as a restraint of trade, and only enforceable as to the same kind of work as the same geographic area as the original job title. Subject to state by state variations.
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Mar 22, 2015 23:21
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Blarzghs point being, a lawsuit from a tech company against a tech worker who leaves in violation of a restrictive covenant not to compete is very unlikely to be successful if the tech worker leaves their tech job to work apartment complex landscaping. That said, lawyers and judges are dumb and I can see this sailing through court if the tech worker doesn't get a lawyer.
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Mar 23, 2015 00:59
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Hot Dog Day #91 posted:Blarzghs point being, a lawsuit from a tech company against a tech worker who leaves in violation of a restrictive covenant not to compete is very unlikely to be successful if the tech worker leaves their tech job to work apartment complex landscaping. He didn't, exactly. The guy was my old boss and according to him he left because he landed a job where he was already living, for free rent and about $11 an hour as maintenance. He left, the job sued him for X amount of dollars, he consulted a lawyer who (again this is according to him) told him he was hosed and to file for bankruptcy and he did. The other guy I know who left did go to another tech job and was sued and didn't even bother fighting it, just paid it out. I'll dig out the employment agreement tomorrow when I'm at my work computer and you guys can pick it apart if you want but it basically (from what I remember) says that you are agreeing to work for this company and the employer can terminate employment for these reasons and then never gets into why an employee can terminate employment. At the time it just seemed like a standard employment agreement until these two dudes tried to test it. My company is shady as gently caress and I wouldn't be surprised if they don't actually have a legal leg to stand on. Either way you're talking about however much it costs to get a lawyer versus thousands to the company But the good news is I also have a job interview Tuesday and one of my friends offered me a job at the computer shop he runs until I get something substantial again so I'm not in totally bad shape if I end up losing my job.
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Mar 23, 2015 04:45
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Again, the way you described it, that contact is totally unenforceable. But being unenforceable in the abstract, legal sense does not mean that a lawyer will not sue over it, another lawyer will say"oh yeah you're hosed," and a judge will let it slide. Happens every day if your don't have the money to fight it properly.
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Mar 23, 2015 15:17
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I know this is a longshot, but thought I seek advice before making contact with the other party. - Parents bought a house 15 years ago and needed to add my brother because it gave them a better chance in securing the loan. - Fast Forward >> Brother is an idiot, bought jewelry for his then girlfriend through credit. Brother did not make any payments. - My parents received an abstract of judgment from the county. A lien had been placed on their property for $6,100. Is there anyway to contest this and show that my brother is only on the title but is not in fact a part owner? Any advice I should hear before I contact the other party (a debt collector firm).
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Mar 23, 2015 17:45
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hypersober posted:
He's on the title (assume you mean deed, and also mortgage) of the house, therefore, an owner.
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Mar 23, 2015 18:16
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hypersober posted:Is there anyway to contest this and show that my brother is only on the title but is not in fact a part owner? lol "He's not an owner, he just owns the house eugh"
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Mar 23, 2015 18:18
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In general I don't think you can enforce a judgment against A on property jointly owned and A, B and C.
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Mar 23, 2015 18:19
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euphronius posted:In general I don't think you can enforce a judgment against A on property jointly owned and A, B and C. I'm not able to look it up until later, but I'd bet you're wrong.
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Mar 23, 2015 18:23
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The whole point of liens is to attach directly to property regardless of other claims of ownership.
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Mar 23, 2015 18:40
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In my state if you have a judgment against Husband only you can not attach to property owned by H and W as tenants in the entirety. that's what I was thinking of. But let's say there are H and W who own as tenants in the entirety. then they deed to Child. Does deeding to child break up the tenants in the entirety? yes probably. So therefore H W and C are all just joint tenants (tenants in common) which as mentioned above probably means lien can be attached.
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Mar 23, 2015 18:44
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Thanks, everyone. Anything I should be aware of before settling the debt?
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Mar 23, 2015 18:47
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Hhypersober posted:Thanks, everyone. Get it all in writing.
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Mar 23, 2015 18:57
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hypersober posted:Thanks, everyone. http://www.vox.com/2014/5/22/5738756/you-can-kill-someone-in-a-section-of-yellowstone-and-get-away-scot
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Mar 23, 2015 19:12
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hypersober posted:
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Mar 23, 2015 19:22
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blarzgh posted:Semi-recent changes to the United States Constitution make indentured servitude illegal and contracts seeking to enforce a illegal provision are unenforceable. Which is not the same thing as a contract to complete certain work responsibilities, but is why specific performance is almost never available for labor contracts. Again. You can absolutely sign a contract to do certain work for a certain period of time, and it absolutely will be enforceable if you fail to complete that work or work for that time period. You just won't be forced to do the work - you'll be forced to pay damages. How exactly do you think subcontracting works?
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Mar 23, 2015 20:09
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hypersober posted:Thanks, everyone. Probably don't admit other people's credit fraud again.
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Mar 23, 2015 20:12
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Alchenar posted:Probably don't admit other people's credit fraud again. And get the deadbeat off the title.
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Mar 23, 2015 20:31
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Hi lawthread! My GF of seven years and I are planning to elope in May and I although my future-mother-in-law (FMIL) will be pissed, she'll get over it. However, being several husbands in, what my FMIL won't get over is her conviction that all men are gold diggers after her family's lucky charms. So lawgoons I ask you, how do I, in a sign of preventative good faith, go about getting a prenup that will render this moot. I'm in Massachusetts and I'm on kind of a budget, but my FMIL is a retired prosecutor so I'd like this thing to be bulletproof. Can you point me in the right direction?
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Mar 23, 2015 21:26
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Quantum Cat posted:Hi lawthread! My GF of seven years and I are planning to elope in May and I although my future-mother-in-law (FMIL) will be pissed, she'll get over it. However, being several husbands in, what my FMIL won't get over is her conviction that all men are gold diggers after her family's lucky charms. So lawgoons I ask you, how do I, in a sign of preventative good faith, go about getting a prenup that will render this moot. I'm in Massachusetts and I'm on kind of a budget, but my FMIL is a retired prosecutor so I'd like this thing to be bulletproof. Can you point me in the right direction? IANAL but this sounds like something a family law attorney would be used for.
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Mar 23, 2015 21:30
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