Questions tagged [canada]
For questions specific to Canada as a whole, or that span multiple provincial and territorial jurisdictions.
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Is a worker either an employee or independent contractor? Or could they be something else?
Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
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If a former witness was found guilty of a crime or deemed otherwise unreliable, does it retroactively discredit their former cases?
Let's say, for example, a person previously testified in a criminal case that they saw someone murder someone else. Based largely on this testimony, a jury convicts the defendant.
Later on, the ...
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Does the English or the American rule prevail in Canada?
In English rule jurisdictions, the general principle is that loser of a case pays the costs on an indemnity basis. In American rule ones, the norm is that each side bears their own costs. Which ...
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When is an organization its own legal entity?
(This is bit of a follow up to Legally speaking who is the employer, is it whoever is paying the employee, telling them what to do, who owns the assets they use etc?)
When is an organization ...
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Legally speaking who is the employer, is it whoever is paying the employee, telling them what to do, who owns the assets they use etc?
I had worked as an employee for an organization. I had signed standard paperwork before starting, including an employment agreement that had their name on it. I latter found out that the organization ...
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International Turkey Hunt
Juan (the perpetually unlucky jeweler from some of my previous questions on this site) decides to go turkey hunting in far-north Minnesota, near the border with Canada. Assume that it is legal to hunt ...
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In Canada, at what point can not pressing charges fail to prevent prosecution?
If one person commits a crime with another person as the victim, I can imagine certain scenarios where the crime goes unreported and therefore the perpetrator avoids prosecution. However, I can also ...
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Does the word "proceeds" in corporate promises to charity have a specific meaning?
It's common to see companies say that "all proceeds" from selling something, or from admission, will go to charity. What's not clear to me is whether that's
all the revenue, or all of the ...
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Does the Canadian government translate court cases from English to French and vice versa?
I am currently reading through various tax judgments when a specific case caught my attention.
Racine; Demers et Nolin v. Ministre du Revenu National, 1965 CanLII 1108 (CA CÉC), 2 RC de l'É 338
...
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Can a document with a confidentially clause be submitted to a court even if it wasn't subpoenaed?
If two parties make a contract that contains a confidentiality clause, if one party breaches it can the other still enforce the contract in court?
For example a dispute arises between Party A and ...
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Is it illegal to buy prescription eyeglasses online in Canada?
(This is not the same question as this one, which is regarding U.S. law.)
I recently visited my optometrist, and was informed that I will either need progressive/bifocals, or else two different ...
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Is it against the law (Federal, Provincial or Civil), in Regina, Saskatchewan, to NOT allow customers to use a toilet in a major grocery store?
Yesterday, while doing my (quite large) grocery shopping, I “felt the need” to use the bathroom. I went to where the bathroom was, and the sign was gone, and the door was locked! I asked a worker if ...
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Is information personal if it can only identify a person in concert with other information?
We are a Canadian company outside Quebec with a minority of customers in that province. We are trying to tighten up our compliance with Quebec's Law 25 on Privacy. The law says:
Personal information ...
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The Immigration and Refugee Protection Act
The first part of the Immigration and Refugee Protection Act lists conditions where a foreign national is inadmissible on health grounds and the second part lists the exceptions.
Exception (2) (a) ...
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Can a person agree not to disclose how their employment ended?
Can an employer fire an employee without cause and tell them that the reason for his departure from the company is strictly confidential? What if it's part of a settlement agreement? For example if ...
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Lost Package from Sketchy Retailer- can I be held responsible to find this package?
I ordered nearly 40 books from an online retailer for around $50, which should have been my first clue that something was amiss.
The confirmation email came from a non descript email address that did ...
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Can a government lawyer's duty of loyalty be ended in Canada?
I assume the following:
A lawyer employed by the Government of Canada (GC) has an attorney-client relationship with GC.
The "attorney" is the lawyer, the "client" is "...
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What is the statutory basis for the existence of "judicial advisory committees" in Canada?
The Office of the Commissioner for Federal Judicial Affairs states, on its website, that one of its responsibilities is related to the appointment of federal judges:
managing the Judicial ...
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What Act of Parliament established the Office of the Commissioner for Federal Judicial Affairs in Canada?
The website of the Office of the Commissioner for Federal Judicial Affairs Canada states that the office was established in 1978, but gives no reference to the statutory provision that establishes it.
...
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Intra-Provincial Waterway Laws
My question is related to boats in an intra- provincial waterway. Waterways are federal, but Ottawa, Ontario and Gatineau Quebec share the river system. As a commercial vessel what laws would regulate ...
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Is it allowed to work for two government agencies in Canada?
this is very unusual but I am asking anyway,
I know it is not illegal to have two employers (or more) in Canada, the question is about the two employers both being part of the federal government.
A ...
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Was the recent ruling against Jordan Peterson an infringement of his free speech?
From what I've gathered, Dr. Jordan B. Peterson was taken to court by the College of Psychologists of Ontario on complaints of professional misconduct. This was based on him making public statements (...
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Is this IP ownership provision too vaguge?
Is this Intellectual Property provision that is found in an employment agreement too general? To my understanding things like "formulas" or "know-how" aren't protected by IP law. (...
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Do confidentiality agreements implicitly allow to discuss confidential information with coworkers?
How enforceable is the following confidentiality provision in an employment agreement:
All project and data information and related technological matters are
confidential information and shall remain ...
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Can an American who travels to Canada record calls of other Americans without their consent?
Canada is a 1-party consent country: at least one person in the conversation has to give consent (which can be the person doing the recording). California is an all-party consent state: everyone in ...
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Does Bill 44 automatically repeal Single Family residency strata bylaw restrictions in BC
https://www.bclaws.gov.bc.ca/civix/document/id/bills/billsprevious/3rd42nd:gov44-3
Bill 44 was passed in Nov 2022 in BC to disallow Stratas from imposing rental restrictions.
I am reading the ...
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What are the consequences of "band" membership under Canada's Indian Act?
Canada's Indian Act, R.S.C. 1985, c. I-5 recognizes "bands," "members of a band," and "Band Lists."
A band may control its own membership according to membership rules it ...
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Strata bylaw about secondary suite in Lower mainland area [closed]
The townhome is in Port Coquitlam, BC, Canada and the strata by-law states
Secondary suites within Strata Lots are prohibited. Should any Owner of
a Strata Lot be found to have constructed a ...
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Legal challenges against age-restricted housing
It’s fairly common when looking for real estate to see “adults only,” “seniors only,” or “55+” restrictions for strata/condominium properties. I would expect this to be a cut and dried case of ...
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Is it legal to bill a company that made contact for a business proposal, then withdrew based on their policies that existed when they made contact?
Based on a Twitter thread from a mid sized YouTube personality:
I have been emailed MORE THAN 10 TIMES by a service I'd like to be sponsored with that I will not name
Every time they email me, I say ...
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Toronto Public Library waives all charges for the disabled. What laws require (1) public bodies, (2) corporations to do the same?
Persons with Disabilities Status are exempt from:
fines for holds not picked up
being referred to a collection agency for long overdue items or charges
What Canadian laws require <1> public ...
user42021
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Severance pay when getting terminated just after major change in scheduling
Normally the amount of severance pay is calculated based on the most recent past several weeks (8 in this example). What if there is an upcoming major change to the employees schedule right around the ...
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Does banning someone require any formalities?
For example, to be banned from a store that the public is allowed into, does a manager speaking the words "you're banned" count as enough? Is any sort of documentation required? Does it make ...
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How can Patient get a compounded medication tested, to determine if it was negligently compounded?
A physician prescribed his lay Patient a medication that must be compounded. After consuming this medication, Patient suffered atypical serious side effects. After examination, a physician reckons ...
user42021
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What proportion of parenting time makes someone a "primary parent"?
The terms "primary parent," "majority of parenting time," "shared parenting time," and "split parenting time" are used to describe the division of parenting. ...
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Terminating an independent contractor
If an independent contractor works for a company who assigns him shifts, can the company cancel the assigned shifts without warning or reason and effectively terminate the relationship? Assume there ...
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Is it true that the Chief Justice granted royal assent to the Online Streaming Act?
Within the first minute of this video it is asserted that, although the royal assent to Canadian legislation is normally granted by the governor general, in this case of the Online Streaming Act it ...
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When entering into an agreement, is a term stating "you agree not to take legal action against us for damages" enforcable?
I know in settlement agreements there are provisions that basically state:
You will not bring further legal action against the company.
I guess this shows that a contract can prevent a party from ...
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Worker was sent to a store he was fired from but wasn't allowed to complete his job. New employer fired him as result
This is a theoretical situation. A person had worked at a retail store. He was terminated without cause and with severance. A few years later the same person is working for a marketing company on a ...
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Why don't alcoholic beverages have the ingredients list?
Most alcoholic beverages (such as beers and wines) don't list the ingredients or nutritional information. Why is this? Is there a special exception for alcoholic beverages?
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Is it legal to drive in reverse on a non-divided road that has a speed limit of more than 80 km/h?
In "The Official Ministry of Transportation (MTO) Driver’s Handbook", they said
It is illegal to drive in reverse on a divided road that has a speed limit of more than 80 km/h.
Is it legal ...
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As an employee who is paid hourly, how much should be paid to pick up a common supply a any store anytime before shifts?
An employee works at a banquet hall or something similar. Often he is told to pick up ice from a store before work and bring it. He is reimbursed for the ice but not compensated for his time. ...
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Is illegal for a civilian to shine a light into police officer's car?
Police officers often shine a light into your car or even your eyes. I find this very annoying. Their reasons of using such light is to "check if there is a hazard or any other safety issues in ...
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Could a contract prevent someone from talking to the authorities?
Would a contract (such as an NDA or non-disparagement agreement) be enforceable if it prevents a person from talking to the authorities such as:
the police
the labour board
starting a lawsuit
...
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(Canada/Ontario) Confusion over move out date vs termination of tenancy
As I understand it based on my reading of the Residential Tenancies Act
1. At the end of a lease Landlord and Tenant automatically enter into a month-to-month agreement unless
a. The landlord has ...
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In a way aren't Non-Disclosure and Non-disparagement Agreements functionally very similar?
At a high level NDAs basically say "do not disclose confidential information to the public". At a high level Non-disparagement agreements basically say "do not disclose information to ...
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Do not stop before reaching the crosswalk lines
The link says "drivers should not stop in a 'no stopping zone' because they may interfere with other vehicles that are turning from one roadway to another. This is usually where large vehicles ...
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Can Cooperatives other than worker and consumer cooperatives be designated?
The main forms of co-operatives are consumer and worker cooperatives and a bunch of variations of this
https://www.gov.mb.ca/jec/busdev/coop/types.html.
but according to Canadian law , can there be ...
user49663
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Did the adoption of the Canadian Charter of Rights and freedoms cause any existing laws to be immediately struck down?
In the Charter, certain laws became more difficult to pass without the use of the notwithstanding clause. Some laws theoretically violated the Charter as soon as it was enacted (certain sections of ...
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Are low-speed zipper merges due to lane closure illegal?
This question is referring to law in the Canadian province of Nova Scotia.
Intro
Zipper merging is very uncommon here. There are many that simply frown upon it as trying to "get further ahead&...
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