Oracle Legal Services

Unlawful Eviction for Personal Use (N12 Notice) of Landlord


Unlawful Eviction for Personal Use (N12 Notice) of Landlord
Posted by Admin in Blog
As a tenant, you have the right to live in your rental unit without fear of unlawful eviction. Unfortunately, some landlords may try to evict tenants without following the proper legal process, which is not only illegal, but also unfair and unethical. Oracle Legal Services, a trusted Paralegal Firm in Toronto, stands prepared to assist you in such matters. Explore further insights on this topic in this guideline.

COMPENSATION ENTITLEMENTS
If a landlord evicts a tenant for personal use and then the tenant finds out after moving out that the eviction was unlawful, the tenant may be entitled to one-year rent arrears of what the original rent was. This means that the tenant can claim the difference between what they paid in rent and what the landlord would have received if they had continued renting the unit for one year. In addition to rent arrears, the tenant may also be entitled to general damages, including human rights damages if they were seriously ill and still had to move out or if they experienced undue stress, such as postpartum depression, as a result of the eviction.

Read More: https://www.oraclelegalservices.ca/blog/unlawful-eviction-for-personal-use-n12-notice-of-landlord/

Reprisal In Employment Law In Ontario Law

Are you familiar with what reprisal is in employment law? Our team at Oracle Legal Services has put together a recent blog post that covers what reprisal is and how our team can help. If you are interested in reading more about this blog, click on the link below. Or, for trusted legal advice, contact our paralegal firm at 647-872-3484.

Read More: https://www.oraclelegalservices.ca/blog/reprisal-employment-law-in-ontario/

Employment Law Probationary Period


Employment Law Probationary Period
Posted by Admin in Blog
A probationary period is a common practice in many workplaces where an employee’s performance and suitability for the role are assessed during a designated time frame. This period typically lasts anywhere from 30 to 90 days, depending on the employer’s policy. Our team from Oracle Legal Services specializes in Employment Law in Toronto and we are here today to give you some further insight into what a probation period looks like.

EMPLOYEE & EMPLOYER EXPECTATIONS
During this time, both the employee and the employer have certain expectations that need to be met. The employer may use this time to evaluate an employee’s work ethic, skills, and overall fit within the organization. On the other hand, the employee has the opportunity to learn more about their role and whether it aligns with their career goals.

Read More: https://www.oraclelegalservices.ca/blog/employment-law-probationary-period/

Changes to the Residential Tenancies Act That Every Tenant Should Know

You might have heard about it as the “Eviction Bill” of 2020 when it reached Royal Assent at the height of the pandemic. Eventually, the masses have dubbed this Bill as pro-landlord as its defined amendments will affect tenants specifically. Now that it is being mandated and decreed in Ontario, how will these new changes to the law affect tenants and landlords alike? Our paralegal firm here at Oracle Legal Services would like to answer this question and more.

Here’s the rundown on the 5 changes in the Residential Tenancies Act, 2006 that you should know about:

1. REPAYMENT AGREEMENT OUTSIDE OF THE LTB (LANDLORD AND TENANT BOARD)
What’s in it for me? Prior to this change, evictions were done through applications at the LTB. These applications go through the due process of mediation and can go all the way to a hearing wherein evidence is presented and witnesses are questioned before the final decision.

Read More: https://www.oraclelegalservices.ca/blog/changes-residential-tenancies-act/

Landlord and Tenant Board (LTB) vs. Small Claims Court (SCC): When Do Landlord/Tenant Disputes Go to Small Claims Court?

When people hear about the Landlord and Tenant Board (LTB), the following words usually follow – eviction, maintenance, rent reduction, termination of tenancy, etc. All of which involves some form of dispute with the help of a paralegal. When it comes down to it, however, the main issue is always related to money.

To give an idea on how many cases the LTB handles per year, just in 2019-2020 alone the tribunal has received 80,874 cases, and 72,064 of which have been resolved at the end of 2020.

In this statistic alone, half of these applications are rent-related tribulations. To be exact, 44,621 submissions have been filed under L1 Application form or better known as “Terminate & evict for non-payment of rent.” With the pandemic still affecting job security and economic stability going into 2022, the tribunal has been experiencing and still expects the applications to go up as the pandemic drags on into next year.

Read More: https://www.oraclelegalservices.ca/blog/ltb-vs-scc/

Severance Pay and Employment Insurance (Ei): Can I Get Both after Losing My Job?

The first question before asking if you qualify for both is how were you terminated by your employer. Is it termination with cause due to willful misconduct, or is it dismissal without cause due to company restructuring, cost cutting, lack of work, or poor work performance? Employment law and matters involving severance pay can be a tricky field to maneuver, but we here at Oracle Legal Services want to help.

WITHOUT CAUSE
It is important to note the kind of termination because it also answers the next question. Can I obtain Employment Insurance (EI) benefits and severance pay if I’m being let go without cause? The clear answer is YES. Without cause termination usually entitles you for EI benefits because it was made for that specific purpose: to help workers who were terminated and for them to have accessible income in between job search.

But what about severance pay? You are entitled to a severance pay depending on your employment contract. Your employment agreement will either follow the minimum provision set up under the Employment Standards Act (ESA) or it follows a severance clause under the employer written contract during your job offer.

Read More: https://www.oraclelegalservices.ca/blog/severance-pay-and-employment/

Employment Contract Effectivity: What if I Get Terminated Before I Even Start Working?

Most people think that an employment contract only starts on the first day of work. Of course, why shouldn’t it be? You technically start training, performing tasks, and doing all that your job entails on your first day at the job right? Did you know, however, that this is actually not the case at all?

When a job is offered by your employer, and you accept that offer you are theoretically privy to an employment contract. This holds true whether it was presented through writing or through word of mouth.

Employment laws in Canada states that “Absent an express contractual provision to the contrary, an employee who is terminated without cause is entitled to reasonable notice or damages in lieu of notice.”

While it is all clear and specific on the Employment Standards Act (ESA) which notice period and severance you are entitled to if you have been dismissed by your employer, you’d be surprised to know that this provision still holds true when you are terminated prior to starting the new job.

WHEN DOES THIS HOLD TRUE?
A person who has accepted an offer from an employer in principle has an implied employment contract, although it is unwritten. By default, these implied contracts will...

Read More: https://www.oraclelegalservices.ca/blog/employment-contract-effectivity/

Can I Go To Prison For Theft Under $5000 Or Shoplifting?

The Christmas rush is approaching, and a lot of Canadians are going to be planning shopping expeditions to check off their gift list for their family and friends. With COVID measures starting to ease up, malls, retailers and shopping centers are starting to welcome shoppers again and with it come throngs of accidental or unintentional theft charges.

We have all been there; shops usually have so many good deals and discounts over the holidays that leads shoppers to binge shop more. But as people delve into their shopping sprees and retail therapy sessions, some items are left forgotten in pockets or bags that have been left unpaid, leading to theft charges or shoplifting. Hiring a licensed paralegal member will help you with this type of crime, but in the meantime our team would like to explain a little more about theft below.

WHAT IS THEFT?

In Ontario, theft is described as intentionally taking or using someone else’s property without their permission. As items in store are considered a property of the business, if you have been caught with an item that has not been claimed or paid for then you have committed the crime of theft under Criminal Code of Canada section 322.

Read More: https://www.oraclelegalservices.ca/blog/prison-for-theft-under-5000/

Severance Pay: ESA Minimum Standards vs Common Law

A lot of people have unfortunately lost their jobs this pandemic due to a significant amount of economic regression and business closure. Hitting close to home, according to the Financial Accountability Officer (FAO) of Ontario, a whopping total of 355,000 jobs were lost in 2020 alone due to the COVID-19 pandemic. Due to this large increase in unemployment, it is now more crucial than ever for everyone to be aware of what their rights are and further ask important questions about employment law, such as:

What is the minimum severance if we were to be dismissed?

And…

What are we entitled to upon termination?

DEFINING SEVERANCE PAY
In Ontario, severance pay is defined as the amount of compensation that the employer provides the employee upon termination. But how is it determined, you may ask? In Ontario, severance pay is...

Read More: https://www.oraclelegalservices.ca/blog/esa-standards-vs-common-law/

Theft Under $5,000 (Shoplifting) Service

Shoplifting might seem like a minor inconvenience if you have been charged, but one of the most important decisions in your life may be the one to hire a licensed paralegal member who deals with criminal summary offences. The failure to do so means that you risk being fined, receiving a criminal record, and taking a serious hit to your reputation. Don’t let one small mistake dictate the rest of your future.

This is especially true when a shoplifting charge is the result of an accident on your part. It is easy to understand a scenario in which someone merely overlooked paying for an item they in good faith intended to buy. A failure to properly contest such a charge might result in you having a criminal record for something you didn’t even do.

A paralegal can negotiate with the Crown on your behalf and protect your interests in this challenging situation. A paralegal can also represent you at trial, allowing you to contest the charges before a judge and force the Crown to prove their case, where they have the burden to provide evidence of your guilt.

Learn More: https://www.oraclelegalservices.ca/practice-areas/theft-under-5000-shoplifting/