Questions tagged [canada]

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

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45 views

My friend lives in an assisted living building and staff are not allowing visitors for him as a punishment. Is it legal?

This is a strange question. I have a friend who lives in an assisted living facility. Most people in it have some sort of mental health problem and need medication. On a number of occasions the staff ...
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1answer
20 views

Canada's Trademark Act

I am considering applying for a trademark. The trademark I would like to register is the product name of a product that I am importing and selling. The name is an invented word (e.g. something to the ...
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1answer
39 views

Can a confidentiality agreement require you to not say who your client was?

Does the following Confidentiality Agreement mean the Consultant cannot say who the Client who he was doing the work for was? For example if Bob was hired by Staffing Agency to work at McDonald's, ...
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2answers
65 views

If the same content is created by more than one person without copying do all authors have copyright, or just the first author?

In Canada, if $person_a creates a copyrightable work, and then later $person_b creates (without copying $person_a's work) the same work, do both $person_a and $person_b have copyright, or does only $...
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1answer
44 views

Can someone be forbidden to use a public service without the specification of an offence?

I believe the manager of a private service can arbitrarily decide not to serve someone. But what about a public service, like a public health clinic?
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22 views

Does the Right to be Informed of Charges apply out of the legal system?

Section 11(a) of the Canadian Charter of Rights and Freedoms states that "Any person charged with an offence has the right to be informed without unreasonable delay of the specific offence." Clearly, ...
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1answer
57 views

In a public university, can the head of department forbid a specific student to enter the department without stating a law or policy?

There are two situations to consider: In the first situation, the student has not done anything wrong. If it was a private establishment, as in Can the manager of a commercial establishment forbid ...
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1answer
42 views

Can the manager of a commercial establishment forbid someone to enter?

Suppose that the manager uses as an argument something as vague as "I didn't like what you did here last week" and does not cite any law nor policy.
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55 views

To what extent can someone be punished by a public institution without a rule or law being clearly stated?

Say a patient does something the director of the hospital thinks is inappropriate. Or say it is a student and a school instead of a patient and a hospital. The important point is that a "user" of a "...
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54 views

Do obvious typos in lease have an effect?

I used the standard government form for a lease. I checked the wrong box and now it says "rent is due on the first day of each day" instead of the "first day of each month". Everyone signed and I'm ...
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39 views

American Engaged to Canadian [closed]

So I’m an American engaged to an Canadian. Been looking for the right way to do this. The fiancé visa looks complicated and expensive. It sounded easier to marry then apply for permanent resident as ...
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1answer
40 views

When is it legal to record someone who is not intending to be recorded?

In Canada if you're a party to a conversation you're allowed to record it without other's knowledge. What if you're not a party but someone is talking very loudly? For example you want to file a noise ...
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1answer
67 views

What happens in Canada if a divorce invalidates in Iran?

Thank you for reading this and your help. A man, let's say mr. X has divorced his wife (with some fraud) in Iran and move to Canada with a work permit. The woman, let's name her Ms. Y, has ...
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1answer
38 views

In BC residential tenancy is there no longer a fixed term lease where tenant must vacate at end?

To my understanding the new government changed laws so that when a fixed term tenancy comes to an end, it automatically is converted to a month-to-month tenancy. There is no longer the option to have ...
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1answer
49 views

Can you record someone who is speaking in a language you don't understand without their consent?

To my understanding Canada is a single party consent when it comes to recording a conversation i.e. if your a party, you can record it without the other parties knowledge. What if someone near you is ...
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102 views

Extradite or deport a criminal while there is no treaty between the two countries of Iran and Canada

Thank you for considering my question. There is a criminal who has been tried in court and proven guilty and received sentences for a series of crimes including threat to kill and withdrawing money ...
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1answer
73 views

How can I inquire about some one else's border crossing history in Canada?

Googling about accessing information about traveling and border crossing history in Canada, I could only find information about how can one, access the information about SELF history of border ...
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22 views

Canadian immigration: Admissibility process mystery

This is a question I've asked at various Q&A sites and forums to no avail. Of course I also asked my own consultant, and several other lawyers and advisors, but none had the answer. I don't have ...
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36 views

Am I allowed to point a web camera at a nearby business that continues to make noise to get evidence? [duplicate]

There is a bar across the alley from my home. Even when everything was closed for COVID-19 people would sit on the back deck and make a lot of noise until 4am. I've also noticed lots of trucks coming ...
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50 views

Are Hoverbikes Legal in Canada?

are hover bikes legal in Canada? A my design of a hover bike is completely electric and is meant to only hover 2-3 feet off the ground. Would you need any license to build and ride this? The hover ...
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32 views

Ongoing noise issues from business beside home

I live in a house behind a bar. There is an alley that separates the buildings. The bar rarely has guests inside, but from what I can tell the employees, owner and their friends hang out in the back a ...
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45 views

Can not paying a monthly fee because of a lack of balance of your reloadable visa card hurt your credit score and isn't there a law against that?

Can not paying a monthly fee because of a lack of balance of your reloadable visa card hurt your credit score and isn't there a law against that? That's what I was told after I bought a visa debit ...
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2answers
131 views

Can a contractor refuse to pay a subcontractor if he doesn't get paid?

Can a contractor refuse to pay a subcontractor until the contractor receives his payment from the company/client? Does it matter if it's in a written contract? Can the buck be passed like that? "...
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53 views

Can Someone Else's Patent Affect My Copyright?

In Canada, if I hold copyright on a program's code but not a patent on what it does, and someone else patents "what it does", how would this affect my copyright? Lets assume this person did not learn "...
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1answer
49 views

Do historical software revisions impact the licensing terms of the latest version of the software?

Hypothetical situation: Our organization developed closed-source commercial software that used open-source libraries whose terms only apply on redistribution. At some point, we decide to open-source ...
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1answer
60 views

Does entering Peace Arch Provincial Park count as physical presence in Canada?

With travel across the US-Canada border being highly restricted (even citizens/PRs need to quarantine for two weeks on arrival), many Canadian permanent residents living and working in the US near the ...
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44 views

The legality of fictional stories involving sex with minors in Canada?

What Canadian laws govern the writing and publication of fictional stories involving sex with minors?
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1answer
77 views

What happens if someone simply moves homes and stops responding to a lawsuit?

In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
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15 views

In Canada, is there a requirement of when a Money Services Business (MSB) and their client entity must enter into a service agreement?

I hope the question in the title lends itself to an answer. In case more clarification is required, please do not hesitate to comment below. Some background: In Canada, an MSB is required to verify ...
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2answers
379 views

Would killing a human by accident (without any premeditation or intent) be considered homicide or manslaughter?

My question is a hypothetical one. I was conducting some research into the differences between murder, homicide and manslaughter and I didn't understand the difference between homicide and ...
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71 views

My Girlfriend is Canadian and I'm American, we want marry, but she's not ready to live in th US

My girlfriend and I want to get married. She's Canadian but with the option of dual citizenship, she would live in Canada for a few more months until we have everything sorted in the United States, ...
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1answer
39 views

Is it legal to copy large amount of data peer to peer in Canada

Is it legal to transfer large amounts of encrypted data peer to peer in Canada? I transfer data from my friend PC in another country. The data is encrypted, so nobody can ever know which data it is. ...
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1answer
676 views

Are You Allowed to Buy Groceries While in Self Quarantine? [Canada]

Canadians returning to Canada must self-quarantine for 14 days upon arrival. Does this mean that these people must stay in their homes, and are not allowed to leave to buy groceries? The government ...
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1answer
95 views

If a company never invoices me, am I obligated to do anything?

I hired a driving school to help me get my driver's license. My test was cancelled due to COVID and my last lesson was about a week before the test. The driving school and testing facility are two ...
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3answers
100 views

Can reading a something mean agree to to a contract?

I understand that a contract can be created by the actions undertook by the involved parties. When you visit a website you agree to the ToS by using the website (regardless if you read it or not). ...
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2answers
97 views

Can an employer charge employee/contractor a processing fee for payment?

I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed ...
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18 views

When must an employer issue a Record of Employment in Canada?

I had worked for a company but my contract ended in January. I had since done other work but the industry has been shutdown by COVID-19. I applied for Employment Insurance (EI). Part of it requires ...
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0answers
69 views

Employer Terminated employee during covid-19 crises

From the past six months, I was working for a tech company as an Independent Contractor in the province of Ontario. The contract states that "At the end of the ninety-day probationary period, the ...
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1answer
96 views

What should I do when the landlord asks you to pay utilities when they were all included in the rent?

I am a student and I have rented a room with all utilities and internet included in a 4 bedrooms house in Canada. My rent is going to expire at the end of April. Before the COVID outbreak, my landlord ...
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1answer
87 views

Is work able to force me to install software on personal equipment?

Due to the corona-virus around the world, like so many others I am working from home as possible. Work has just decided that because of this, we should be using Mircosoft Teams to help us all ...
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2answers
5k views

Can my accountant bill me for previous work he agreed to perform for free?

Context I can provide more context to the story (question), but I also want to keep it short. I have been paying my accountant for helping with my corporate taxes for the last 4 years in Toronto. I ...
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75 views

charged with assault, charter right sec 10(b) violated

This is in Canada. Police laid an assault charge against me after my wife called 911 during our quarrel, she was in baby blue. While in the police station, the officer prepare some paperwork for me ...
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27 views

Can I use audio containing Canadian ATC/broadcast radio transmissions in a YouTube video?

This question was originally posted here, without consensus I often record my flight training without audio and post some of it to YouTube. I would like to add in audio recording of what I hear and ...
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70 views

Can I photograph or get photocopied my medical chart right after my consult, to prevent doctor falsify record?

I don't want Dr. or hospital falsify records. Best prevention — copy physical copy of chart RIGHT AFTER consult. Then doctor has no time or chance falsify! Second best — photograph chart with ...
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2answers
2k views

Can a person be fired for not agreeing to a contract at work?

I have seen contracts (relating to employment) which contain terms like "by accepting this position you agree to sign an NDA that you will be provided on your first day of work". To my understanding ...
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1answer
110 views

Can I sue breaching party if I got lucky and avoided damage?

My ex-landlord stole some of my furniture. In a settlement he agreed to return it. When I went to pick it up it was not there. A friend of mine let me borrow their truck for free (they came too). Can ...
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1answer
48 views

Contract Conflict

My new contract states that "Effective... you will begin accruing vacation time at a rate of 6% of your annual earnings. This is equivalent to three weeks (120 hours) of paid vacation entitlement on ...
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1answer
76 views

If a customer doesn't have money on them, is there way to put down their information so that they pay later for what they took?

I want to sell articles of clothing but it is possible that the individual doesn't have money on them. Can I put down their information and have them sign to where they can walk away with the article ...
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1answer
136 views

What does “materially different” mean?

My father is an artist who is considering building a sculpture for an organization. as part of the contract he is prohibited from making copies of the sculpture in the future, or any works that are ...
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1answer
84 views

Is copying an infringing derivative an infringement against the original work's author when copying the original would generally be legal?

Suppose someone creates an unauthorized music video to accompany a popular song, thus making an infringing derivative (assuming fair dealing or other exceptions don't apply in this case). This ...

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