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Digital consumer protection

Digital consumer protection

Posted by on Jun 22, 2017 in Blog | 0 comments

As Lemon Law Paralegals, we are contacted by consumers wanting to know if they can get their money back for ineffective, overpriced services they get pressured into, and sometimes digital advertising is in the mix. Below are a few scenarios that callers want us to deal with; We were promised first page rankings In reality, the field of digital advertisement is very new (relatively speaking) and even experts struggle with keeping up to date and understanding it. However, when you rely on the guarantee to enter into your contract, it is a representation of the provider’s ability and it should not be forgotten when thousands of dollars have been spent with little to no substantive back up. We were shown progress reports but they do not reflect our account Aside from making sure your phone line is in working order, make sure that your provider can clearly explain the discrepancy between your experience and their reports. Do not let their traffic reports be the only thing you are discussing, ask another company for help, usually a website or a link analysis is free of charge. we are charged monthly but the amount of listings in our category grows exponentially This is selling without ethics. The company is just trying to cram as many listings as they can in their directory. This devalues your listing and should be addressed by the company accordingly. As digital advertisement is relatively new, it is always important to remember ‘buyer be ware’ However, the technical nature of this industry leaves many too far behind to be able to make a meaningful conclusion, and providers of digital advertisement are well aware of that. However, in any consumer transaction, remember, there are statutes and case law that governs seller conduct. For better comprehension of your rights as a consumer of digital marketing, dont hesitate to contact a lawyer or a paralegal involved in civil litigation. If you have your own experience with digital marketing misrepresentation, we would like to hear about...

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Lemon Law

Lemon Law

Posted by on Jun 17, 2017 in Blog | 0 comments

As Lemon Law Paralegals, we are constantly called about car problems. Defective cars are always in the mix and sometimes the calls involve auto repairs. That is, people want to know what they can do when they have been wronged by an auto mechanic. Here are some common issues that callers want us to deal with: Charging for unnecessary repairs. It is as bad as it sounds. First, the ‘diagnose’, then the ‘repair’ then, surprise, surprise- the problem is still there. Then the ‘re-diagnose’ as a different problem and another repair. Things get vicious when the original defect is repaired and the customer is left with the bill for all of the repairs. In these instances, not only can you file a lawsuit but it is borderline criminal. Misdiagnosing Sometimes to pad their bills, mechanics tell customers non-defective parts need to be replaced. Your brakes need to be resurfaced? They’ll tell you to get them replaced. Other parts on the car can be repaired? They’ll suggest replacement. Like unnecessary repairs, unneeded parts being sold to you is lawsuit worthy and borderline criminal. Joyriding This goes on more often than you want to know. We represent clients whose cars were destroyed by repair shop joyriders after work had been performed. Does every mechanic joyride the car after a repair? No. But this is one of the things we are really learning more about with the popularization of dash cameras. However, in instances where there is no damage done to the car, there will not be compensation for it. Overcharging for parts or labor. Most shops have a simple markup on parts. They buy them wholesale, mark them up and sell them to you with the job, not many know what an actual part should cost. Can a shop legally charge you more for a water pump than you could buy it for on Amazon? Of course. But, if you are charged $500 for a part that retails for $100, you’ve been had. As for labour, there are time and parts guides which describe how long a repair ought to take, by a competent mechanic. If the operation should take an...

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Notices of Termination

Notices of Termination

Posted by on Feb 24, 2017 in Blog | 0 comments

You are responsible for ensuring that your notice is correct and complete. If you do not complete the form properly, your notice may not be valid and you may have to start over Under To, fill in the name of the tenant to whom you want to give the notice. If there is more than one tenant living in the rental unit, fill in the names of all of the tenants. Where there is a subtenant or assignee, you should name these people in the notice. However, you do not need to name other occupants, such as children or guests of the tenant Under From, fill in your name. If there is more than one landlord, fill in the names of all of the landlords. Under Address of the Rental Unit, fill in the complete address of the rental unit, including the unit number (or apartment or suite number) and the postal code. Do not forget to indicate if the unit is in the basement or on the main floor. The earliest date you can put in this field depends on the type of tenancy you have with your tenant. When you are counting the days, do not include the date you are giving the notice to the tenant. If you are faxing the notice, the notice is deemed to be given on the date imprinted on the fax. If you are sending the notice by courier, add one business day for delivery. If you are sending the notice by mail, add five days for delivery. For example When Don Roberts (the landlord) and Katie Oregon (the tenant) entered into their tenancy agreement, they agreed that rent would be paid on the first day of each month. Katie did not pay the rent on March 1st, as required, so Don decides to give her an N4 notice. Don is preparing the notice on March 3rd. If he decides to hand the notice to Katie in person on March 3rd, he can fill in March 17th as the termination date (14 days after March 3rd). But, if he intends to put the notice in the mail on March 3rd, he...

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Residential Tenancies Act Use of Landlord Notices compared to Tenant Applications

Residential Tenancies Act Use of Landlord Notices compared to Tenant Applications

Posted by on Jun 3, 2016 in Blog | 0 comments

Tenant applications at the Landlord and Tenant Board are pleaded by way of an application, while landlord applications are pleaded by way of a notice of termination, followed by an application. However, landlord’s applications don’t plead facts or law rather their purpose is administrative and provides the LTB with sufficient information so to set up a hearing date. Landlords must pay $170 to file their application.  With a few exceptions, facts and remedies are set out in the landlord’s notices of termination. If a landlord interferes with a tenant’s enjoyment, the tenant files a T2 application.  If they fail to maintain the unit or complex, the tenant files a T6.  If they retain or collect money illegally, the tenants files a T1.  And if they discontinue or reduce a facility or service, the tenant files a T3.  All the facts are set out on these tenant application, The use of notices to plead a landlord’s claim is without merit, except where the notice is voidable, such as the N5 notice of termination, and the always voidable N4 notice for rent arrears.  Except for these two notices, landlords should be drafting their pleadings as part of the L2 application process. For example, the tenant has committed an illegal act (N6 notice), seriously impaired safety (N7 notice), paid rent persistently late (N8 noitce), misrepresented income in social housing (N6 notice), or caused willful damage (N7 notice). None of these actions can be voided under the RTA.  Why does the LTB make landlords serve a notice first, which must contain all the facts, and only after the notice is served on the tenant, the landlord is allowed to file an application to get a hearing date.  The very nature of a notice suggests that it is a precursor to the recipient taking some action to cure or remedy a breach.  But as noted above, tenants cannot remediate (or correct) incidents in these notices. The Board regards a notice served by a landlord pleading facts very differently from a tenant’s application served by a tenant pleading facts.  The primary difference in approach is that the Rules permit an application filed by a tenant to...

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Wrongful Dismissal

Wrongful Dismissal

Posted by on May 9, 2016 in Blog | 0 comments

Wrongful dismissals constitute the bulk of employment law practice in Ontario. Wrongful dismissal or wrongful termination occurs when the employer terminates an employee in ways which are contradicting to legislation, but more often, they are contracting to the established common law practices. Employment Standards Act dictates the minimum requirements governing employment relations, but employers are often unaware that there are common law requirements as well. Beyond the legislation While the Employment Standards Act mandates one week of notice for termination per one year of service up to eight weeks of notice, or payment in lei of such notice, common law requirements differ greatly. The main idea behind common law requirements as compared to legislation mandates is that common law recognizes that employers are not obligated to hire indefinite term employees forever, but where dismissal occurs without cause, employees are entitled to a reasonable amount of time to secure other jobs, or payment in lieu of such time. This principal is clearly stated in Machtinger v. HOJ Industries Ltd., [1992] 1 SCR 986 In Canada, it has been established since at least 1936 that employment contracts for an indefinite period require the employer, absent express contractual language to the contrary, to give reasonable notice of an intention to terminate the contract if the dismissal is without cause… The large contribution to wrongful termination was made by Bardal v. Globe and Mail Ltd. This 1960 case is still used today for what has commonly become known as the Bardal factors. Bardal factors can include the following; the character of their employment their length of service their age and the availability of similar employment, having regard to their experience, training, and qualifications Subsequent case law has also interpreted these factors to look at compensation, particular customs in specific industrie, and any special circumstances surrounding the employee’s hiring. The rationale is that more specialized employees, or those with an employer for a longer period of time, will likely have more difficulty finding comparable employment. This is calculated at approximately one month of notice per year of employment, up to 2 years maximum with most low-skill or non-professional vocations capped at 1 year. Wallace...

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Unjust Enrichment

Unjust Enrichment

Posted by on Apr 30, 2016 in Blog | 0 comments

Unjust enrichment arises when one party benefits from the other party, one party is deprived in the process and, at law, there is an absence of juristic reason for the enrichment, as per Iacobucci J Garland v. Consumers’ Gas Co., [2004] 1 SCR 629 In reality, unjust enrichment is exemplified by the following Auto insurance pays out the claim after a vehicle is written off following a traffic accident. Auto insurance company sends a cheque for the value of the vehicle to the policy holder, thus completing contractual obligations as per insurance contract. The policy holder had an outstanding car loan with a bank. The policy holder, instead of paying the outstanding loan, cashed the cheque and purchased a new car for cash, leaving the balance of the loan unpaid. Insurance company wishes to exercise its rights to salvage attempts to secure the title, but finds out that the policy holder has not cleared the title of the car by paying out the loan. The insurance company issues another cheque to secure the title of the car. The insurance company sues the policy holder for unjust enrichment and wins. Another common example of unjust enrichment occurs in renovations and home construction projects. A home owner and a general contractor made an agreement to construct a patio, with base terms being material cost covered by home owner and $50 per hour for building work. The home owner is impressed by the work of the contractor and asks him to build a 10 by 10 gazebo as well. Unfortunately, the home owner does not discuss the details of the new contract with the contractor, and when the work is finished, the costs are substantially higher due to increased cost of specialized labour work involved. The homeowner refuses to pay the increased cost, believing that he should only pay as per terms of the previous agreement. The amount that is worth (quantum meirut) When there is no established contract on the value of the work, this becomes necessary to establish at law. In general, the courts avoid creating a contract where there isn’t one but at the same time, the courts will...

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