Questions tagged [canada]
For questions specific to Canada as a whole, or that span multiple provincial and territorial jurisdictions.
437
questions
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122 views
For amateur recordings, who owns the video? The camera man or performer?
I would like to make a video where I teach something. My friend has a video camera and is willing to record me. Who would own the video?
I ask because I plan on uploading it to some sort of streaming ...
0
votes
1answer
46 views
Canadian Lawyer Ethics
In Canada/Ontario, lawyers are bound by the Law Society of Upper Canada. Is there some specific statute/law/code that one can cite that prevents lawyers from harassing clients of the other party in ...
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2answers
110 views
Can a prospective employer require you to pay to take a test as part of an interview?
I just red this question about having to pay to take a test for an interview. Is it legal? Must an employer reimburse? In general this site says an employer can't charge you a fee to start work.
1
vote
1answer
84 views
Reasonable Accommodation confusion
I was looking at the following case study, and was not sure if it fell under the category of "Reasonable Accommodation" which is what I was thinking of how it could be approached:
"An amusement park ...
0
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1answer
43 views
What to do when a company charges a credit card on authorized payments that go against regulations, though terms and conditions were agreed on?
In Quebec, a company is not allowed to automatically charge after a free trial period (see section 230c of the consumer protection act), they have to cancel the subscription, then they can ask if the ...
4
votes
1answer
96 views
Can my landlord force me to sign an agreement whereby I'd have to pay their legal fees?
Canada, Ontario:
My landlord included this item in the additional terms for a lease they want me to sign:
Tenants agree to pay all reasonable costs, Lawyer’s fees and expenses
made or ...
0
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0answers
41 views
Advantages and disadvantages to claiming Canadian citizenship
I'm considering looking into whether I can claim Canadian citizenship because my father was born in Manitoba. (I was born in North Dakota, not very far from Manitoba.)
What would be the advantages ...
1
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1answer
68 views
Can Canadian judges set aside a jury's verdict of acquittal?
Not long ago I learned that the Crown can appeal from verdicts of acquittal in Canada, unlike prosecutors in the U.S.
I once thought that the reason why U.S. judges cannot set aside a jury's verdict ...
0
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1answer
58 views
Rental agreement - Ending the tenancy clause
I live in Vancouver and rented a room in a shared house from the person who has the lease. I did not have to deal with the house owner ever.
The person who has the lease pulled up this agreement ...
2
votes
3answers
105 views
Is it legal to pay a contractor cash?
I know that some businesses accept cash in exchange for services and never declare that income (tax evasion). I understand that it is illegal for businesses to do so. But what about the other end of ...
2
votes
1answer
41 views
Consequences of Article VI, Clause 1 of the U.S. Constitution and the 11th Article of Confederation
Article VI, Clause 1 of the Constitution of the United States, known as the Engagements Clause, says:
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, ...
0
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2answers
47 views
Can I use the real company name of an employer in my autobiography?
I live in Canada and I am intending to write my autobiography. I am wondering if I can use the name of companies I worked for and describe negative experiences that happened in the workplace without ...
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0answers
8 views
Legal concerns in capturing video in a privately owned but publicly accessible building [duplicate]
What should my legal concerns be if I want to use my phone to record my walk through of a building that is privately owned but is publicly accessible.
What would I need to do to be able to legally do ...
2
votes
1answer
93 views
When commercial filming is taking place inside or outside, can a member of the public be forced not to record it? [duplicate]
Generally speaking when is it allowed to photograph people? When does someone have the authority to tell you not to? Does anyone have the authority to tell another person not to photograph them, or is ...
0
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0answers
34 views
What happens if a person hides seized movable property from bailiff?
If a person has lost in small claims court in Quebec Canada and a bailiff has seized movable property what happens if at the sale the debtor fails to produce the property?
Can the debtor be charged ...
2
votes
1answer
30 views
Why would estoppel allow officials to play fast and loose with legal rules and the limits of a public authority’s powers, duties or jurisdiction?
I read all three cases in footnote 193, but they don't explain the boldening.
At an earlier time, the courts rejected the use of the private law doctrine of estoppel in easing
...
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0answers
27 views
In addition to base pay, what other payment in lieu of benefits must employer provide?
I may be confused about this. In Canada, in addition to the hourly rate, must an employer pay any additional fees, like vacation pay? I know one place I work paid 4% of base rate in lieu of vacation. ...
2
votes
1answer
71 views
What would go into proving you are an employee and not a contractor?
To my understanding, in Canada, an employee is given more protection and entitlements under the law, than a contractor. What would go into proving one is an employee and not a contractor? Would this ...
2
votes
1answer
66 views
Can a contractor have scheduled work canclled for no reason?
I work as a contractor for a company. A (small) dispute arose over an invoice I submitted. Out of retaliation the company cancelled my scheduled shifts. Are they allowed to do that? This is in Canada. ...
0
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1answer
21 views
Why did EWCA conclude that Gilchrist Vending v Sedley Hotel Ltd consisted with the principle that nominal consideration sufficed?
I'm asking about the red underline. John D McCamus. The Law of Contracts (2012 2 ed). p. 229
Mountford & Anor v Scott [1974] EWCA Civ 10 (17 October 1974)
The third ground of attack on the ...
1
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1answer
58 views
Does Canada Have A Law Against Automatic Software Updates?
The Windows 10 1909 November setup license agreement has a provision which seems to suggest Microsoft must provide Canadians with the ability to entirely disable updates. Is there such a law?
2
votes
1answer
36 views
Negligent supervision in a Canadian graduate university program - legal remedy?
The Faculty of Graduate Studies handbook at my Canadian university provides clear guidelines for what supervisors and committees are expected to do. The supervisor in question has been delinquent with ...
0
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1answer
80 views
What would happen if you can't pay because your credit card stopped working? [duplicate]
I'm interested in situations were you pay after you use or consume something (like eating at a restaurant or renting something). What would happen if your credit card stops working before you pay?
In ...
2
votes
1answer
95 views
Can an employee be effectivley fired by making their work really bad?
To my understanding
An employer is allowed to reduce an employees wage without reason
An employer can cancel or reschedule shifts without reason or send an employee home without pay
Canada is not ...
2
votes
3answers
79 views
Are recorded conversations regarded as legally binding contracts?
Situation: there is a cell phone account in my sister's name. However, she does not use any of the lines, and she does not pay for it (payment comes out of my personal credit card automatically). I ...
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2answers
43 views
Meaning of “costs throughout to” in a court case?
A judge said, "I would therefore dismiss the appeal with costs throughout to the respondent."
Excuse my simple post here. I looked for an answer on google, but could not find any. I would like to ...
2
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0answers
62 views
Bailiff refuses to go to court
I am the plaintiff in a case (small claims court Quebec) I hired a bailiff to carry out an execution of judgement he did and seized some property from the defendant. Now the defendant is trying to ...
2
votes
0answers
51 views
Must employer pay extra for entire weekend of working on a holiday or just day?
I sometimes work Sundays. There is a holiday on Monday, it's Thanksgiving. Where I live we get paid extra for working a holiday. Should I get paid extra for working this Sunday? I'm guessing I know ...
0
votes
1answer
94 views
Stealing my property back?
So my sister has a few of my clothes and some personal items that she borrowed from me . She claims I gave her the personal items and I never gave her any of it . I’ve asked multiple times for it back ...
2
votes
1answer
77 views
How much time is allocated for analyzing case law during a trial
In a rather simple trial (driving infringement, penal court - NOT criminal), how much time is allocated to each party to analyze each others case law?
Is it expected to be done during the hearing, ...
1
vote
1answer
55 views
Is there something in littigation for when a party isn't honestly trying to resolve the issue
I had taken my ex-landlord to court and am considering taking him again. He is a very dishonest person. Since court is a formal process, I don't know how to say this.
For example we reached a ...
1
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1answer
59 views
What steps should be taken in order to legalise and sell medical software?
So I thought about an idea for a medical software and I made just for fun. It wasn't that good but it was much better than what I'd expected to get. Fast forward a couple months, I made the software a ...
0
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1answer
50 views
What is a court order? How is it different than a settlement?
I had brought a case against my ex-landlord. One of the claims was he wouldn't return some property of mine. In the settlement agreement, he said he would make available for pickup my property. He did ...
1
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1answer
151 views
Can you sue a person for time spent taking them to court?
I know legal proceedings can be time consuming and stressful. Can a plaintiff sue the defendant for the time and energy involved? Would they need to show something, for example taking time off work to ...
0
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3answers
111 views
What laws would be broken if a university professor accepted money in exchange for better grades?
Suppose a student in an ordinary university offered $100 to his professor (or Teaching Assistant) in exchange for a five percentage point improvement in his grade. Suppose the professor/TA accepted it ...
1
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1answer
125 views
Do parent's have an obligation to pay for university expenses after divorce?
In Canada/Ontario, if parents are divorced, do the parents' obligations to contribute to a child's university education expenses change based on their relationship?
I'm looking at 2 cases, one where ...
2
votes
3answers
103 views
If party doesn't do what's agreed in settlement, can you sue again or is enforcement the only option?
I filed a dispute with the Civil Resolution Tribunal (CRT). A settlement was reached. Two terms of the settlement were
the defendant will make available my property for me to pickup
parties agree ...
1
vote
1answer
123 views
Can an employer reprimand an employee for posting negative reviews on social media?
If an employee posts on social media that a company is bad to work for, can they get fired or reprimanded for it? What if they gave specific examples, like how the employer reduced their wage without ...
1
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1answer
30 views
How inherited Property Assets Split in a Divorce in Ontario, Canada
I cannot find any detains on how Ontario law Deals with the splitting of assets in a divorce. I am specifically interested in if their are any exemptions to inherited family property (a farm owned by ...
3
votes
0answers
47 views
Must employer give 2 weeks work if work is shift work and employee gave notice
I work for a company that periodically asks employees what their availability is and assigns shifts based on that. The calendar with the shift information is about at it's end and a new one hasn't ...
0
votes
1answer
32 views
Quoting a case law if original decision cannot be found
Decision X was taken long ago and is not accessible online to the public. There are several (> 10) recent decisions that describe and quote X, and they are available online to the public.
Is it ...
0
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2answers
97 views
How to say “ entangled parking space”?
As an official translator, I need to be loyal to the text in such a manner that no words are omitted. In translation of title deeds there’s a section which specifies the metes and bounds of the ...
1
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1answer
84 views
Read written testimony instead of witnessing
I am defending myself in a penal case (driving infringement; not a criminal case).
At time of the events, I gave to the police a very detailed written testimony, which is now part of the proof.
For ...
1
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1answer
74 views
Canada Elections Climate Change and God
I just saw this BBC news article.
Canada election: Charities warned against climate change ads
Canada's election watchdog has warned environmentalists that saying climate change is real could ...
1
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1answer
187 views
Can the court order my retired father, who is a single father, to make more money (Canadian Law) (revised to anonymous) [closed]
(I'm sorry about deleting and re-posting the question, there are family details and the site was attaching my real name. I'm reposting using an email address that isn't linked to me.)
My father was ...
1
vote
1answer
76 views
What happens if parties do not honour a settlement agreement?
Say a settlement agreement was reached where a shopper sued a grocery store over food that gave her food poisoning. If the terms of the settlement agreement were
grocery store shall pay shopper $100
...
2
votes
1answer
66 views
Does the Residential Tenancies Act apply when renting a room in a multi-bedroom apartment'
I've read through the Nova Scotia Residential Tenancies Act, and my understanding is that if an individual rents a room from the Lease Holder of a multi-bedroom apartment (and the leasee is also ...
1
vote
2answers
61 views
What happens if someone knowingly accepts a contract with some invalid terms?
A dispute arose between me and my ex-landlord. Before any litigation, I told him the things I expected that he wasn't doing. His response was to agree to do them, provided I would agree to various ...
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0answers
56 views
Have there ever been any cases where someone sued their government for not delivering their passport in a reasonable amount of time?
I am wondering if there have been any cases in Canada that were heard before a court or tribunal, or even if there was any informal dispute that was discussed in any media. Surely many people in the ...
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votes
2answers
100 views
Can a party demand you not record their phone call?
To my understanding call recording is legal in Canada, even if the other person isn't aware of it. I am going through arbitration, and someone I spoke with said "there is to be no recording of this or ...
