Questions tagged [canada]

For questions specific to Canada as a whole, or that span multiple provincial and territorial jurisdictions.

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What allows people to drive imported cars in Canada and the U.S.?

Some people as tourists apparently can import their vehicle into North America and drive it through Canada & the United States legally. What laws allow/restrict the ability for people to import &...
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1 vote
1 answer
128 views

Is omitting a previous university transcript illegal?

One of my friends did really badly in her first attempt at a university in Canada and subsequently dropped out. She went to another university in Europe and spent a year there. She then applied to ...
2 votes
1 answer
758 views

The arrow shown on the bicycle lane sign [closed]

There is an arrow on the following bicycle lane sign. What does it mean? Thank you!
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1 answer
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prosecutorial discretion and selective prosecution?

Have there ever been any selective prosecution defences that have been successful ? A lot of news outlets claim that various racial groups are disproportionately targeted by prosecutors while framing ...
3 votes
1 answer
262 views

What is a judicial review vs administrative review?

I hired lawyers to investigate something that happened to me. One of their findings was "judicial review was unavailable". In simple terms does someone request a judicial review when they ...
1 vote
1 answer
178 views

Is an NDA binding for sex workers or escorts?

I have heard of some sex workers or escorts signing a non disclosure agreement with the person who is hiring them. Or their agency already has a policy in place. Since paying for sex isn't legal in ...
0 votes
2 answers
165 views

Is hiring a dominatrix legal in Canada?

According to Wikipeidia it is illegal "to purchase or advertise sexual services". This statement seems very broad and would include more than copulation. I noticed on a dominatrix website, ...
4 votes
2 answers
62 views

Is there a "court of law" for treaty disputes between nations?

For example, say the USA and Canada sign a treaty. But then Canada feels that the USA broke the treaty, but the USA maintains that they didn't. Is there some "court of law" equivalent where ...
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11 votes
3 answers
5k views

What happens to the possessions of a convicted person?

What happens to a person's assets, such as a vehicle, house, or company, when they are given a long prison sentence, such as several years or life? Are these items automatically turned over to the ...
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0 votes
1 answer
46 views

The difference between the fair market value of the donated item and the amount of an advantage, if any, is the qualifying amount of a gift

What does "the amount of an advantage" refer to in "the difference between the fair market value of the donated item and the amount of an advantage, if any, is the qualifying amount of ...
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18 votes
7 answers
8k views

Do courts generally run at a loss, run at a profit, or generally break even?

Pursuant to a previous question, about a case where the courts seem to have incurred a significant loss in hearing it, what is the general/average position? For example, many types of routines matters ...
1 vote
1 answer
53 views

How much effort could have gone into composing the judgement for Meads v. Meads?

Any intelligent/educated guesses by people who perhaps work more or less full time as lawyers as to how much time it would have taken the judge to research and to write up all of the precedents and to ...
7 votes
2 answers
1k views

Do not pass or assist another vehicle to pass you by using this lane

Could someone confirm if "do not pass or assist another vehicle to pass you by using this lane" means: Do not pass another vehicle by using this lane, and Do not assist another vehicle to ...
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3 votes
1 answer
80 views

Are non-disclosure contracts in effect after company closes down?

I signed an employment contract with my employer (in Canada) that included a non-disclosure agreement (I work in R&D). The agreement essentially stated that the information gained while I was ...
7 votes
3 answers
1k views

Can you appeal a case after a higher court renders a favorable opinion about a law?

In the U.S. Supreme Court's case, 'Monasky v. Taglieri', an opinion was rendered regarding how jurisdiction findings related to 'Habitual Residence' under the Hague Convention are determined. Could ...
2 votes
1 answer
83 views

Can people build a radio station/transmitter without amateur radio license in Canada?

Consider only Canada law: Suppose someone has no amateur radio license, can he build a radio transmitter? Suppose someone has amateur radio license, can he build a radio transmitter? If people want ...
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1 vote
1 answer
187 views

The difference between the first available exit and any other exit

Alberta's driver's guide says "when you intend to use the first available exit, approach the circle (even though you are already in the circle, intending to exit ...) using the right lane. It ...
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23 votes
5 answers
8k views

Can a child be a contract killer?

Various jurisdictions including Canada, England and Wales and Washington have laws which state, apparently categorically, that children under a certain age cannot commit crimes or be convicted of ...
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0 votes
1 answer
73 views

How does one budget when deciding to commence legal action?

Is there a way to predict how much a lawsuit will cost before it is started? I am deciding if it's worth it to hire a lawyer. At a high level I would like another party to stop doing what it's doing. ...
0 votes
0 answers
72 views

What case before August 27 2010 was McLachlin CJC referring, where an intervener barnstormed for 10 mins before she told him to "sit down"?

I transcribed 1:00:41 of Justice Ruth Bader Ginsburg's chat with CJC Beverly McLachlin, at the 2010 Tenth Circuit Bench and Bar Conference, on August 27 2010. "Please note that the first ...
user avatar
5 votes
1 answer
116 views

What happens if a Canadian is convicted (misdemeanour)in Europe? Is the Canadian government notified?

A Canadian person is convicted of a misdemeanour while in Germany. The person gets a criminal record in Germany. Will the information about the conviction be sent to Canada? Will it appear in the ...
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-3 votes
2 answers
208 views

Not sure if it's worth hiring a lawyer because not sure if what happened was illegal

Something recently happened to me that I'm not sure was legal. To give a high level overview I was accused of something I didn't do. An internal investigation found me guilty. The investigation was ...
0 votes
1 answer
188 views

Decency Laws vs. Discrimination Laws [closed]

Apropos of this. Brief background: Teacher in Canada transitions from male to female. Teacher purchases extremely oversized prosthetic breasts which they use as part of their gender reassignment, and ...
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1 vote
1 answer
70 views

Debtor owes me, trying to figure out how to freeze RBC account

Through the summer, I picked up a client on a contract basis for whom I completed about 3 months of work. I had every reason to believe they would come good in terms of paying me, as the owners of the ...
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1 vote
1 answer
80 views

Do Canadian publication bans apply to the contents of court documents?

According to this government website, a publication ban is defined as: A publication ban is an order the Court makes that prevents anyone from publishing, broadcasting, or sending any information ...
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1 vote
3 answers
153 views

Why can't ordinary people bring criminal charges against someone else?

Background context In Canada and the United States, Individuals do not file criminal charges directly against someone else. A criminal proceeding is initiated by the government. This could be a ...
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-4 votes
1 answer
120 views

What charges can be filed against someone who destroys evidence out of suspected negligence?

Background context In instances of assault and sexual abuse at nightclubs, CCTV footage is a crucial source of information since most people present are likely to be intoxicated. Please consider the ...
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3 votes
2 answers
647 views

Can a person be fired, banned and evicted (etc.) without a court order?

It seems like a lot of "punishments" can be applied to a person without having to go to court. For example a person can be banned from private or public property for any or no reason. I've ...
2 votes
1 answer
66 views

Registering a business without actually doing business?

Apologies for the silly question but I don't really have any background in terms of businesses or any legal matters. I am paying for an online service that provides many features, some of which are ...
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1 vote
2 answers
62 views

Service Engagement Implicit Renewal

I have a question about contract law within the following scenario: Say the original contract/engagement letter is for 2 tax filings with Acme Tax Accountants. Each filing is $1,000 for a total of $2,...
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0 votes
1 answer
99 views

When claiming under Manufacturer's warranty, how can Plaintiff prove never breaching Manufacturer's proper care and use instructions?

Many non-stick products are sold with a limited lifetime warranty, e.g. for their NONstickiness. Presume that a consumer has perfectly followed, e.g., manufacturer's proper care and use instructions. ...
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7 votes
4 answers
2k views

Why didn't the Crown inform the witness about the defense's evidence beforehand?

In 2016 ONCJ 155, the judge says with regards to a witness: [72] In an effort to explain to the Court her continued socializing with Mr. Ghomeshi following the alleged choking incident and over the ...
1 vote
1 answer
38 views

How can tourists compare Consumer Protection and Law, across the glut of Canadian jurisdictions?

What up-to-date resources compare the profusion of consumer protection legislations, particularly across Canadian provinces and territories? How can tourists pick the jurisdictions with the most ...
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2 votes
2 answers
163 views

How can a lender of a small loan protect himself from the borrower not paying them back?

An acquaintance asked me to lend him money. I believed his story and lent him $100. He promised to pay me back $150 in 5 days time. It's been months and he hasn't paid me anything. I have heard that ...
1 vote
0 answers
50 views

Is it legal to open a company in Canada whose primary commercial activity is stock trading?

Is it possible for an individual in Canada to open a company whose primary activity is trading stocks? That is, a person trades stocks under the name of the company they open. Is it legal to do so?
3 votes
1 answer
81 views

When does a judge decide to address issues outside the scope of a specific case?

In a 2012 case, Associate Chief Justice of the Court of Queen’s Bench (now King's Bench) of Alberta, J.D. Rooke, wrote a decision ...
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2 votes
1 answer
161 views

Can a recreation center ban me without reason and not reimburse my fees?

I took a martial arts class at a recreation center. It ended 3 months ago. Today I received a phone call from the director of the recreation center. He asked me to come in for a meeting regarding ...
25 votes
3 answers
9k views

Is a lawyer allowed to follow a client's instructions to hide evidence?

The police arrested a suspect linked to sexual assaults. The police searched his home. It sounds like initially the search warrants were very limited in scope but they widened as things turned up. ...
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3 votes
1 answer
176 views

Can I take legal actions against my roommate for not letting me have electricity?

My roommate has decided to turn off the electrical breaker (which is situated in her bedroom) of my room because I've allegedly forgotten to turn off a light in my room before leaving for work. I've ...
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0 votes
0 answers
21 views

British Columbia - Pros and Cons of Joint Tenancy/Bare Trust of Private Property

What are the pros and, especially, cons of becoming a joint tenant and bare trustee of a private property in British Columbia? I keep finding articles on the pros, but not too much on the cons.
0 votes
0 answers
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Updated: (Oct 2. 2022) Is it possible to enter Canada unvaccinated?

This is an update to this question I asked some weeks ago. From what I read in the news Canada has changed its border requirnments. Is it now possible to leave and enter Canada unvaccinated?
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1 answer
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Is assignment of rental unit occupancy for profit legal and practical in Ontario?

This is in regard to a apartment rental agreement in Ontario, Canada. Because of the recent higher inflation rate, it is likely that if I end my tenancy, the property owner will be able to charge ...
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2 votes
1 answer
66 views

Does the arrivecan app go against the Canadian charter?

I was looking through the Canadian charter, and Section 6 piqued my interest. It states, in subsection 2, that Every citizen of Canada and every person who has the status of a permanent resident of ...
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3 votes
2 answers
187 views

Ontario Labour laws pertaining to late breaks

Ontario Labour laws state: An employee must not work for more than five hours in a row without getting a 30-minute eating period (meal break) free from work. However, if the employer and employee ...
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0 votes
1 answer
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New closet doors outgas, reasonable for landlord to change them a 2nd time?

I rent an apartment in a high-rise that was probably built in the 1980's. In past years, the sliding closet doors gave off a stronger and stronger musty smell that permeated all the linens and ...
0 votes
1 answer
85 views

What "pre‑existing agreement between Ward and the Province regarding costs"?

In Vancouver (City) v. Ward, 2010 SCC 27, McLachlin C.J.C. wrote in Coram [80] We have been informed of a pre‑existing agreement between Mr. Ward and the Province regarding costs [emboldening mine] ...
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2 votes
1 answer
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Is it possible to leave canada by train or car unvaccinated and vice versa?

Can an unvaccinated Canadian citizen or noncitizen leave the country by car or train and likewise return by car or train?
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1 vote
2 answers
67 views

Can the Canadian administration ("government") enter into international agreements, treaties etc. binding Canada without legislative ratification?

According to Wikipedia citing a CBC coverage Canadian Minister of Foreign Affairs, Mélanie Joly told to reporters that "[u]nder the Canadian system the government, the executive branch, has ...
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-5 votes
1 answer
144 views

Do sentient Artificial Intelligences have legal rights?

There has been lots of talk about whether sentient AI (assuming such emerge) would have rights under existing laws, but I don't understand it at all, from a legal standpoint. Take the Declaration of ...
2 votes
1 answer
125 views

Must a law be broken for a court to hear the case?

An agreement between a union and association has expired. Though it had been renewed for many years an impasse has been reached and lockouts have happened. The union has taken the association to court ...
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