Legal Advice for Canadians.

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Resources & Referrals:snoo_thoughtful:Meta

Here are some resources collected by the members of this sub to help you find legal representation when you need it.

Pinnedby derspiny
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1.9y
Archived
Supervisor gave out first name and email to a client who complained, in Ontario :24px-Flag_of_Ontario:Ontario

Hello all.

I work for a summer camp with kids - ages 4-11.

One of the campers (age 8) comes to camp with a metal thermos that holds about 1 cup maybe 2 of water.

We check frequently (during both snacks times, lunch, before and after outside play) that campers have enough to drink. We refill water bottles when asked (or if we see they are running low), and we have bottled water, juice boxes and snacks available (for free).

This camper spent all day saying they were fine. They also had lunches with food that had high water content. Never once said they were thirsty. This camper is neurotypical with no issues in communication, nor medical issues (as far as we know).

We were only outside today for about 20 minutes before the thunderstorm rolled in and went indoors.

By all accounts, we did our due diligence and the camper was happy and engaged all day.

I just received an email (I was CC’ed on it, the company email has first and last names in it), from my supervisor to this camper’s father. Apparently she was thirsty all day and we did nothing to remedy that (I asked this child personally if they needed water at least 5 times today, as did other staff). My super threw me under the bus (and put my first name and position in the email) basically stating that I would do my job and ensure that the camper was better cared for. And made suggestions that were already in place - that the camper and their mom know about (parents are married).

This father now knows my first and last name and now has my work email and had emailing me multiple times (6 lengthy ones in the last hour).

Do I have recourse? HR is useless apparently and I’m new to the position and don’t know who to trust yet. There is no union.

Edit to add: the father is now on my socials.

I’m thinking new job and cut my losses

Edit 2: thank you everyone for your thoughts and support! I am not going to giving anymore information till I run the issue by an employment lawyer.

Thank you so much!

Separation agreement - consult lawyer? :24px-Flag_of_Ontario:Ontario

I am in Ontario.

My exhusband and I separated in 2015. We have an 11 year old and 14 year old. The divorce/separation agreement took awhile to finalize as he dragged it out but was official about 3 years ago. I was too young when we got married and experienced abuse in the marriage (which continued post separation for awhile).

We have joint custody. Originally he was seeing them/had parenting time every other weekend from Friday at 4 until Sunday at noon. He would often cancel or not contact us for pick up. He then cancelled the Fridays and picked them up Saturday morning and retuned them Sunday afternoon (often returning them early or cancelling). During Covid lock downs he didn’t see them for months at a time as he felt they shouldn’t go between houses.

When we separated he instantly started dating someone else. They were married as soon as our divorce went through and they had two children. A year ago, he announced he was divorcing her. He has those kids 50/50.

Since October 2023, he has seen my kids for a total of maybe 15 hours. The eldest refuses to go overnight as he has no place for them to sleep. He rarely even contacts me to ask if they want to come or are fine. He was supposed to pick the kids up from school one day for lunch but never showed so I had to bring them lunch. He generally doesn’t ever contact us.

My youngest has health issues and mental health issues and he has never attended an appointment (probably couldn’t tell you the diagnoses!). He actually hasn’t been to an appointment in over ten years, never attended anything for school, never really attended an extra curricular activity…

Our original agreement had him paying extra expenses at 84% - things such as medical expenses, child care, and my eldest’s competitive swimming. I was in full time school until April 2024. I have a job now making $56,000. I was a stay at home mom during our marriage as sometimes he would just leave the kids when he wanted to go somewhere. He makes somewhere around $85,000.

He has only ever paid expenses at 50%, if that. Often I pay everything. He has a brand new house and is ALWAYS travelling and is now telling me that he may need to file for undue hardship.

He has never paid for competitive swimming or most medical expenses. He does pay child support although I have no clue if it’s right. He’s moved on to a new girlfriend now and is rarely in the city.

I am doing okay but I have no extra so some things slip. The girls are with me pretty much 100% of the time. The youngest is in summer camp this summer and he paid 50% with me paying the other 50% but he only contributed to the camps he felt were “worth it.” I understand I can pay more now with a job but I’ve ALWAYS been paying more.

About three years ago, my younger daughter told him about a medication she had been prescribed and he fought about it, said no, and refused to sign the benefit form. He never called the doctor to ask about it. Now that I have benefits, she has received the medication and he no longer cares but three years ago it was a massive fight for zero reason.

Should I be consulting a lawyer? Redoing our agreement? Asking for full custody? I don’t even know what to do. I feel frustrated as he seems to be spending so much money and I save and scrimp to afford everything and even then I do struggle.

He has never followed the separation agreement regarding his actual parenting time - he has always chosen less.

I don’t even know if it’s worth doing something? Or just let it go?

Garnishing Order Ignored :22px-Flag_of_British_Col:British Columbia

We have won our case in small claims and have moved on to garnishing the debtor’s paycheques. The employer was served with the garnishing order however he did not garnish the paycheque. How do we approach this situation/what are our next steps?

Is it illegal for someone to send unsolicited nude pictures of themselves to someone who hasn’t consented? nsfw:24px-Flag_of_Nova_Scotia:Nova Scotia

Someone sent me an unsolicited nude photo of their genitals, and they ought to have known it was undesired.

Is this behaviour illegal? Additionally, this person is extremely persistent in attempting to contact me despite me blocking them on social media, and I am really uncomfortable with them sending me nudes. I briefly met this person at an event one time in 2020, and they have been persistent in pursuing me ever since—even travelling from another province to attempt to visit me without my consent.

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Parental right to refuse extracurricular activities?:25px-Flag_of_Alberta:Alberta

Hello, Both my 11 and 16 year old sons are in an extracurricular activity. We are in Alberta. My oldest has been in it for 5 years already and he loves it. Like it’s his raison d’être. He tried out for a more advanced group this year and got in. He’s also diagnosed autistic and adhd.

It is quite a time commitment but I don’t mind since he is so in love and committed. However, his father sent me a message saying that he “does not consent” to him rejoining next year since he was not happy with 2 of his grades. He wants a “full grade 12 and post secondary plan” drafted for his approval to even consider giving his consent.

Now, his father is very heavy on the narcissistic tendencies but also largely believes the things my son struggles with due to his neurodivergence are a direct result of laziness. Like, he believes if my son just cared more his grades in those 2 subjects would be amazing. In mediation I brought up the subject of this activity as his father was saying he would decide every year if he could participate. The mediator and lawyers, I thought, clearly stated that an extracurricular activity, especially one already in place, is supported by family court.

Not to mention that thinking he can control my son’s post secondary plan even though he will be a legal adult seems insane to me.

I replied that I wasn’t in agreement, that harsh punishment and taking away the one thing our son loves is not going to get results, that we can’t force post secondary, and that this is not how we support neurodivergence. He replied that he’s “not mature enough” to be considered an adult even if he turns 18, then dug his heels in more.

I do have a lawyer and have given her a heads up, but would like some advice that doesn’t involve her very high hourly fee. Mainly:

  • from a legal perspective, can a parent just decide to withdraw consent from an established extracurricular activity for any reason they want?

  • from a legal perspective, can my son choose to stay with me if his father is not being supportive of his needs? (Right now we are 50/50). If so, how can I tell him that without it looking like coercion/parental alienation?

My dad hasn’t been paid by his employer in over two months:22px-Flag_of_British_Col:British Columbia

My dad works as a chef for a high-end restaurant in Richmond that is currently struggling financially after opening a second location last December.

His tips/gratuity (and the tips owed to all other employees) have been withheld by their boss since January, and he has not been paid his hourly wages since mid April-May. He’s fed up, and he and most of his coworkers have refused to go back to work until they get paid their owed wages and gratuities. Other than reporting this to the BC Labour Board and him applying for EI, is there anything that can be done legally so that he gets the wages that haven’t yet been paid?

Eviction from public housing:24px-Flag_of_Ontario:Ontario

My brother in law is 24 and has high functioning autism. He has lived in social housing his entire life. He is on ODSP, as was his mother (my late mother in law). Unfortunately she took her life 2 weeks ago. While dealing with funeral and estate duties, my wife discovered her mother was the only lease holder. Public housing doesn’t recognize my brother in law as a lease holder, just as an occupant. They have now told us he has 60 days to vacate. It was initially 30 days but they gave him an extension. We asked if he could be put on the lease but this is where it gets complicated. Apparently a year ago she tried to put him on and they denied it for 2 reasons.

  1. Because my mother in law claimed he was “cognitively unable to live alone” and so housing recognizes him as severely disabled. They said this can’t be changed.

  2. Apparently 5 years ago my brother in law was mouthing off to housing (in person and on the phone) complaining about the state of the homes, the lack of repairs, etc. They have in his file that he’s a troublemaker.

Housing has said he could reapply but the worker didn’t think they would let him back on the list (which has a wait of 7+ years).

Do we have any legal recourse? He is being thrown to the wolves. My wife and I will be taking him in but it isn’t ideal for our living situation. We were hoping he would just be moved to a 1 bedroom apartment since he was in a 2 bedroom townhouse with his mother. They sent him a notice of eviction to sign but he won’t sign unless we contact a lawyer. I thought I’d try Reddit first. Thanks in advance

Edit: he is not cognitively disabled. He is fine to live alone. He is very high functioning. He has his own bank account and shops

Housing ownership:24px-Flag_of_Ontario:Ontario

I'm asking out of curiosity: who, in your opinion, owns this land, and what do you think will happen in the future?

This situation is taking place in Ontario, Canada. There is a house my great-grandfather built with my great-grandmother. They had several children, one of whom was severely disabled—let's call him "T." Both of these great-grandparents passed away around 2007, and the house and land are still in their names, even in 2024.

An updated will has apparently been misplaced, but an older will has been found. It states that "the house will go to whoever takes care of T." The people who took care of T were his two sisters, who watched over him for over 20 years. T recently passed away in 2023.

The great-grandparents' several children are now down to three: the two sisters who took care of T and their older brother, who recently moved onto the property after T died.

What are your thoughts or opinions on this situation?

Received a random money transfer:24px-Flag_of_Nova_Scotia:Nova Scotia

On Friday, July 5, I got an email notification that I received an “INTERAC e-Transfer: A money transfer” from someone I don’t know.

I have auto deposit enabled, so it went straight into my bank account. I checked my bank account and sure enough, there was an auto deposit made.

The individual who sent it does have the same last name as I do and I frequently get emails meant for other people.

There’s a note on it that also says “From Brandon” and I don’t know if that’s a person or a place.

I did some sleuthing and if I found the correct person, they’re in North Dakota and I’m in Nova Scotia.

As far as I’m concerned, it’s obvious that the money wasn’t meant for me.

The email was received at 1402H (AST) and when I discovered it, I replied to the email at 2130H (AST) the same day indicating that it appears there was a mistake made.

I have yet to receive a reply.

I’d like to do the right thing and return it (if possible), but what are my options? How long should I wait before saying “tough luck” and keeping it?

Subtenants wants refund:24px-Flag_of_Ontario:Ontario

Subtenant wants to end the contract and asks for 2 months refund, on grounds that the unit doesn’t look brand new. I have made him understand that I cleaned and washed the walls to the best condition possible but I’m not allowed to make big changes like changing the door knobs or washing the windows. That’s for the building to do but he still insists on his refund and is threatening to take legal actions. What is his stance here? Or any advice in general

Property damage from excessive water from neighbours property:24px-Flag_of_Ontario:Ontario

I’m just looking for some advice as I’m not too sure what the proper way of going about this is (I am located in Ontario, Canada). So we got a heavy rain a few days back and I noticed there was a stream of water coming from my neighbours property onto mine. You can clearly see that the water is running under my driveway and straight into my sump. When I peak over the fence you can see his sub pump just sprays towards my driveway and has washed away all the ground on our joint fence. He has also put a support post on my side of the property to support the fence that no longer is in the ground without my consent. I haven’t spoken to the landlord of the apartment. But my driveway has shifted dramatically in the last calendar year. Being that he put a board on my side of the property he is clearly aware he’s neglecting his property and is damaging mine in the process. Could I go after him for a new driveway? Subreddit doesn’t allow for pictures or videos but I have videos on another subreddit for reference ( www.reddit.com/r/landscaping/s/dFrVZoZs6l ). Thanks in advance, all advice is appreciated.

Manager not telling employees when their breaks are?:24px-Flag_of_Ontario:Ontario

Hi guys! I am an associate at a retail store in southern Ontario, and we recently got a new store manager who has shaken things up in the store.

She has implemented a new rule: the associates are no longer allowed to know what time our breaks are. So now, when we work, we have to wait for her or another supervisor to come up to us and release us on our break, if they even do. Before this, they consistently forget to let people on their breaks or even take them off certain tasks we're not supposed to be doing for long periods, so we've had to remind them at our time. Now that we don't even know when our breaks are, its probably going to get much worse. She said it is to prevent employees from leaving the store floor at their break time without telling her that they're leaving.

Is this legal? Or okay in any way? I have never heard of this happening at any other job.

Pursuing Non profit housing landlord in small claims court:24px-Flag_of_Ontario:Ontario

Need some advice on whether or not this is worth pursuing in Ontario small claims court.

Was paying a subsidized rent rate of 600 leading up to June 2020 when I received a letter stating I did not submit my financial information to calculate my rent. As a result, I now owe 1903 since they were charging me market rate for many months. I responded with proof that I did submit my financial information, they said well since it's been so long submit your current information, which I promptly did.

Months go by, I continue to pay subsidized rate instead of market rate since I figured this was sorted now. I get an eviction notice. I email them asking why, to which they said I did not submit any financial information needed to calculate my rent and I still owe the market rate rent arrears. I forwarded them our previous email exchange and said they're simply wrong, I clearly submitted it. Once again, they say since it's been so long just submit current information, I promptly do so. This time I specifically ask them if I should keep paying subsidized rate until they sort this out, to which they replied yes.

Many months go by, I get an eviction notice again. Same scenario repeats, they state they did not calculate my rent because I did not submit my financial information. This time I suspected maybe something is wrong with their email, so I ask them to go to the specific date where I emailed my financial email. They confirm that they can see it, but since it's been so long submit my information again since it's been so long. I promptly do so.

Many months go by again, same deal. Eviction notice, email them asking why, they claim they didn't have information I very clearly provided. This time I write back with an angry tone, telling them they're blatantly wrong and they have been ignoring my submissions and I write a lengthy email detailing the specific dates and corresponding information submitted. I then get a call from the district manager of my housing area, who tells me my email is lengthy and they can't be expected to read it all because they have so many tenants. She instructs me to submit current financial information, and they will resolve it once and for all.

This entire time I've continued to pay the subsidized rate, so the amount owing is increasing while they fail to calculate my rent.

Finally, I get a final eviction warning cause of course they once again did not process my information. They state they were missing information that I blatantly submitted. I get sick of this and go to a paralegal, and choose to challenge this eviction in landlord and tenant board. Little did I know there's a clause where LTB is not allowed to intervene in matters of subsidized rent, so my evidence is not discussed at all and I was forced into a payment plan for a total of 7000 in rent arrears that collected while they failed to calculate my rent.

Luckily, right after this payment plan agreement I landed a full time job that allowed me to fully pay it off. Now that I've paid it off, I'm wondering if I can take my housing corporation landlord to small claims court and get my 7000 back. They were completely negligent in handling the information I submitted, they had 2-3 years worth of income information which is what they needed to calculate my rent. They did not do so. They also instructed me to keep paying the subsidized rate until they sort it out.

TLDR: I paid 7000 in rent arrears due to my housing corporations blatant clerical errors and I'm wondering if I can win it back in small court claims. I have every single email interaction with them as evidence, very clearly showcasing I provided everything they asked for immediately.

Recently got laid off without cause. Need advise….:24px-Flag_of_Ontario:Ontario

Hey there

I am 43 yr old working for a large insurance company as a Director making over 150k with 6 direct reports . Recently got laid off with no notice and without cause. Worked for 1 year for the company and they are offering 12 weeks of pay and benefits.

I recently spoke to a lawyer who is helping me to fight the case and insists I can get atleast 6 months.

He has said he will take 33% of my increased payment but there is a clause around disbursement costs and also one on contingency fee.

Few questions :-

1) Is what I am being offered a fair severance or am I entitled for a lot more (6 months)?

2) Do big companies drag on the setttlement process? My biggest fear is not getting paid anything for the next 3/4 months and by then if I have found another job this becomes a distraction and something I can’t get out of? My lawyer is saying this is a slam dunk case should be wrapped up in a month.

3) what is disbursement fee? If the case goes to trial how much can the bill for disbursement add up to?

4) while I wait for the case to be wrapped up am I eligible for EI?

Any other advise is appreciated….

Van Build Customer that cancelled their build now had their lawyers send us Notice of Default for the 5K non-refundable deposit:22px-Flag_of_British_Col:British Columbia

We build out high end vans in Canada and had a client inquire and book a build with us (including signed contract) in fall, 2023 and pay the 5K non-refundable deposit to secure the December build slot. This contract also included a clause that we would pass on our incoming factory-order van if they booked the build with us, which we did pass on and they purchased.

December came and the customer would not send the first payment. Thankfully we didn’t touch their van as they eventually texted saying they’d had some concerns about the project and since they could get a lightly used RV for less $$ that they would opt to go that route. They had the salesperson come over and pick up the van - in fact they actually asked us to help sell their van which we declined. They asked the dealer to sell it saying they had bought another factory built out RV. They later contacted us again apologizing for any trouble and stating it was simply a financial decision not to proceed with the build. They then asked for the deposit back which we replied was non refundable as per the contract and sent a copy, and explained that we had ordered numerous parts for the build, tools, shop and storage expenses etc as we had the van for over a month while waiting for the first payment and then eventual removal for it to be sold. We proceeded to move on to our next client’s build which we are working on now.

Anyways, over the last few months they have continued to follow up asking for the deposit back and threaten that they will have their lawyers contact us if we don’t return the deposit - they now stated that they actually still have the van. We received a notice of default from their lawyer stating the client argues that the contract was delayed only and we have 15 days to refund the deposit or proceed with the conversion…

Should we reply to the lawyer’s email with screenshots of the client’s messages saying they were selling the van and buying a prebuilt RV and cancelling the build? Ignore it and wait to see what happens next? Any advice or suggestions would be greatly appreciated!

If I create a will from a free template on the internet, will it be legally valid? (Ontario):24px-Flag_of_Ontario:Ontario

What the title says — I’m 45 and have had a “downloaded” (a template online which I filled the blanks in on and wrote in beneficiaries) will. Signed it. Had witnesses, etc.

I need to update the will now that my brother has a new daughter… and I want to make sure I’m not being dumb by not just going to a lawyer to get it done.

Thanks so much!

Option/Advice to evict family member.:22px-Flag_of_Quebec:Quebec

I don’t even know what to say and I’m sorry if I’m not following rules as it’s my first post ever.

For context my mother confronted my father about his infidelity and he caused a scene to which it involved all three of us kids having to separate ourselves and multiple shovings from getting into a fist fight. After vague vocal threats of “you’re going to regret this, this will be your biggest regret”, we decided to call the police and huddle into one room shaking and crying until they arrived. When they did they told us legally they could not evict him or arrest him because he didn’t clearly commit any crime at the time. Which is understandable and after a talk with the police he decided to leave for the night after they interrupted his soccer game on tv. Now they told me to go to (centre de justice de proximité de Laval-Laurentides-Lanaudière) for more information but they open Tuesday and it’s currently Sunday 2 am.

All this to say is that I want to know what I can expect or my options to see if we can have a type of file so he cannot come back to this house (under my mothers name), change locks, anything if anyone has this type of experience before. We are uneasy and scared for our safety. Thanks in advance.

Is the landlord responsible for other tenants having long term guests and smoking in house?:22px-Flag_of_British_Col:British Columbia

I live in a shared house with several roommates. I have my own lease with the landlord. The landlord chooses who lives here and fills vacancies. Before I moved in the landlord told me that everyone living in the house acts like a mature adult. There had been some people who were very noisy late at night and smoked marijuana inside the halls. The landlord didn't care but they eventually moved out. Now there is someone, from what I gather, is on vacation for a couple weeks and has allowed a couple of her family members to stay here. They have been having guests over. I (as well as other people living here) feel like strangers have been letting themselves into the building. I've tried to talk to them but they seem not to speak English well or not want to talk. I asked the landlord if she knows who is living in the room. He said he would look into it but never did.

Is any of this illegal?

Communicated with Escort for only a massage, threatening to report:24px-Flag_of_Ontario:Ontario

Hi all,

Yes, I want to preface this by saying I know I was stupid for this - I’ve been beating myself up all weekend and just need to hear some realism to combat my anxiety or confirm the worst.

Using a VOIP TextNow number not linked to myself, I texted an Escort on Friday night. I told her explicitly I was not interested in sex and simply wanted a massage, she told me that was $300. I told her maybe I would like a topless massage and that I would be on my way soon, but I had second thoughts because this felt wrong so I checked with her if she had any type of Bodyrub liscense and she said no. I told her I was no longer interested.

Then I was even more stupid and offered to send some money for the wasted time, and asked if she could include a nude photo. She agreed and sent the nude. However now I’m worried to send the money as I realize e-transfer will have my name on it. I told her I was having difficulties and may not be able to send it until Monday and her last text was about 24 hours ago saying “lol I’ll report you”.

What is the realistic likelihood that she would even make a report? And if she did, what are the odds the police would follow up on it? Should I just find a way to send the $300 and be done with all this? Please be realistic with me, my nerves are frayed and I just want to move on from this all. Thanks.

How many sexual assault cases go to trial (civil court):24px-Flag_of_Ontario:Ontario

I am considering sueing a healthcare worker for sexual assault. However I am scared of the idea of going through a trial especially cross examination. I don't think I can mentally cope with that so I am hesitating as I don't want to retraumatize myself. I consulted with a lawyer who is going to get back to me. If they agree to take the case, how often do these cases go to trial? I know obviously depends on the case but what typically happens? (eg settlement is reached, case is dismissed, etc).

Private company throwing/dumping garbage onto/in my private residence:125px-Flag_of_Saskatchew:Saskatchewan

I have a fenced off house next to a strip mall, an alleyway divides the residential part and the business part.

A business on the other side of the alley has been throwing garbage Into my yard and placing larger items in an unfenced portion of my backyard. What legal steps can I take to prevent this from happening?

I will be installing a camera on the side of my house that looks their way. My current cameras do not capture them.

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Therapist/counselor did not return my money:22px-Flag_of_British_Col:British Columbia

Hello all. I found a counsellor via counsellingbc.com I had a 15 min free session to see if she is a good match or not. Things seemed fine so I decided to give it a try and go ahead. I had my first session with her online via zoom. She asked to etransfer the money before the session starts which I did. All went fine in the first session. We decided to meet for the next session. Confirmed the date and time verbally during the meeting.

On the day of the second meeting, I etransfered the money but she did not show up in the online session. I was in the zoom room waiting for her to start the session. 20 min is gone and I emailed here that I am here and waiting for her. No response. I emailed again after 40 min or so. Frustrated and let her know that this is not professional. Nothing crazy. A very polite email. She then respond within 5 min that her mom had an emergency and she had to take her to the hospital. She offered me to either reschedule or refund me for the session.

I sent an email and tried to be nice, wishing well for her mom, but to be honest I did not want to continue sessions with her so I requested to refund the session.

Here is where the red flag to showed up. She said she is in a country with no access to her bank account! She asked whether it is ok to send me the money on June 25th. I replied and said yes. Now it is more than 2 weeks. I emailed her two days ago and asked what happened to the refund, no reply yet.

To be honest I do not know what to do now. I am afraid that I lost my money. What is your advise?

Seller not shipping order:24px-Flag_of_Ontario:Ontario

What do I do if I ordered over 3k from an Ontario business.

-With bank wire transfer -In April -Everytime I call the business they say they'll "ship in 2 weeks"

-Recent reviews say no one is getting their order (even after 6-7 months etc..) -Reviews also say thay they're not processing refunds either.

-I asked for a refund on the phone and they said "Ok you'll receive a check in 2 weeks" I already know they're not gonna send it based on their history.

-The internet says that, in this situation, I should just "contact the business to come to an arrangement"

But obviously, that's useless because the business is acting in bad faith.

Whay is spooky is the company's website just went dowm. Here is the google reviews. [EDIT: removed it because apparently no links allowed]

I actually ordered from them in 2021 with no issue, so this was odd to me. Anyone know what I can do in this situation? Is my money just gone?

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Domestic assault question:24px-Flag_of_Ontario:Ontario

My ex was arrested a few months ago for hitting me. He in going through the court process and was given a no contact order. He took a plea deal where he will go to anger management sessions and a peace bond for a year. Last night he hit me again, beat me up and was arrested again and for breach. (I was too for breaching). is jail time likely given he broke the peace bond, breached the no contact and assaulted me again? If anyone has any insights I'd appreciate it!