Questions tagged [canada]

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

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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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3 votes
0 answers
63 views

Tax Responsibility - American Remote Work in Toronto

I'm an American software developer working for an American financial services company that only services American citizens and permanent residents. I am a remote worker who lives and works in Michigan....
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1 answer
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Does the labor code supersede an employment contract for notice service? (Canada, NS)

Just a technical question. My employment contract states that notices must be served by Courier, Mail or Email and that my notice period is 30 days from service. The NS Labor Code states: Notice of ...
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1 vote
1 answer
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Tests to determine when the Residential Tenancy Act applies. E.g. what counts as providing health care?

My friend was in a work related accident and suffered brain damage. He pays rent to live in a building that the average person would not be eligible to live in. Guests are required to check in at the ...
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2 votes
0 answers
44 views

What are the laws for lunch breaks for salaried employees in Canada?

Canadian Law: https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/work-hours/breaks-rest-period.html The Code provides at least one break every 5 consecutive hours of work, of a ...
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2 votes
0 answers
66 views

If my license plates are thrown to the dumpster, do I need to report them as lost?

I lived in three provinces in Canada and kept the license plates that I had in all of them for personal collection purposes. Then I moved to France, leaving some of my things at a friend's (or so I ...
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  • 121
0 votes
2 answers
83 views

How much compensation can a client get if the bank freeze the bank account when the client has not done anything wrong?

The client's bank account is frozen for due to "security reason". The client followed the bank's instructions to lift the account. The bank promised on phone that if the client visit a ...
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  • 137
-1 votes
2 answers
71 views

(Canada, British Columbia) What Cause of Action(s) would be available in the Situation Below? Ways to Calculate Remedies In this Case?

A Father (RE Agent, Broker, Owns Biz as RE Developer) is approached by his Daughter wanting to purchase Property for her to live in. An Agreement is eventually reached between the Father and Daughter ...
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0 votes
1 answer
181 views

Do humans have a right to silence in NON criminal proceedings, in Canada?

In CIVIL proceedings — if adjudicator or opposing counsel asks you a question, can you exercise a right of silence, and refuse to answer? Does the answer change whether you are litigant or witness? ...
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1 vote
1 answer
79 views

Is it copyright infringement to send a message with a trivial photograph you don't own

Say for example you want to convey a detail to someone of a common object, and showing them a picture would be a lot simpler than describing it in words. Would it be illegal to download an image from ...
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  • 171
3 votes
1 answer
58 views

Visit Canada while on US tourist visa

I'm traveling in US on a tourist visa and want to also visit Canada for a day. Is there anything that will make it difficult for me to get back to the US? For example, are there laws on how soon you ...
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0 votes
1 answer
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can compensation disclosure to other employees be a basis for dismissal in quebec?

Can sharing or discussing you compensation with your colleagues be a reason for being fired or be a basis for any other decision by the employer? I know there are rules in Ontario against this but I ...
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0 votes
1 answer
35 views

Can you file for employment insurance if you still own a business that makes 10,000 a year without work in Canada?

Can you file for employment insurance if you still own a business that makes $10,000 a year without work in Canada? Let's say you lose a job, not by your own fault, that made you $90,000 a year, but ...
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5 votes
1 answer
647 views

Is there any particular reason that Small Claims court monetary limits are generally higher in Canada than in the US?

By Province/Territory in Canada: https://neighbourhoodlegal.ca/2022/05/15/small-claims-court-monetary-limit-across-canada/ By State in US: https://www.nolo.com/legal-encyclopedia/small-claims-suits-...
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1 vote
1 answer
99 views

What capital offences were repealed in Canada as of 2022?

In Canada, what offences specified death as a possible punishment but were repealed while death was still specified as a penalty? Or are there none? Specifically, I want to know the set S (which could ...
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7 votes
2 answers
472 views

When can a lawyer choose what to work on? Must they think they have a chance at success?

I used to work for a very large company had it's own legal division. If the company wanted to sue someone but the lawyers didn't think they had a good chance to win, must the lawyers still work to ...
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  • 135
0 votes
2 answers
56 views

A dual civil lawsuit & criminal case

This one pertains to Canadian Law: Can one have a case in which an employee for a company performed an act in malice that caused injury to a party. Then that party puts forward a criminal case against ...
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-4 votes
1 answer
210 views

What offences are punishable by death in Canada in 2022?

Summary It is possible to charge with, convict of, and sentence for serious offences at any time, even 120 years later. The punishment is determined by checking the punishment at two points in time: ...
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4 votes
1 answer
65 views

Does material usury exist in Canada?

Is material usury in Canada prohibited by law? Having a European background, I know that material usury in Europe is prohibited if the price is more than two times the average price, and there is a ...
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3 votes
1 answer
52 views

What are the different regulations affecting different classifications of firearms?

I'm having a hard time tracking down a plain-language and short summary of the different rules or regulations regarding the different classifications of firearms in Canada (prohibited, restricted, non-...
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6 votes
1 answer
964 views

Benefits of registering copyright - Should I register or not?

I have a question regarding copyright registration in Canada. From what I read, it is not mandatory to register copyright in Canada. But at the same time, some folks suggest you should register your ...
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5 votes
1 answer
86 views

May a UK academic employer ask the latest pay slip of my current Canadian job?

As a postdoc in a Canadian institution, I have been offered a lecturer position in UK. In the offer email I have received, one clause reads as follows: Please could you provide evidence of your ...
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4 votes
1 answer
795 views

What Exemptions are there to the Age Discrimination laws in Ontario?

Ontario seems to have a pretty general/all encompassing law that is explained as protecting anyone from discrimination based on age with regard to employment or housing. Ontario Humans Rights ...
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2 votes
1 answer
37 views

Forfeiture/Expiration of refund amount after service termination

Is it legal for a company (ISP) to give a customer "only" a few months to claim a credit/refund/negative balance on the closed account / terminated service ? Or are companies required to ...
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  • 131
4 votes
1 answer
42 views

Can a testator exercise testamentary freedom using a choice of law clause?

In British Columbia, some testators left little for some of their independent adult children, while leaving most of their assets to their other children. In many of those cases, the courts granted the ...
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2 votes
0 answers
60 views

Landlord having previous tenant who was troublesome move back in. Asking me to move out to avoid conflict

Where I live has a shortage on housing. I have been sharing a suite with 2 other people ("roommates") for a couple years. We each have our own leases and the landlord is responsible for ...
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3 votes
1 answer
93 views

Does an employee have any responsibility to protect company assets?

I work in a store. A customer made a purchase. But had another bottle in his hand that he didn't put on the counter for me to scan. I asked if he had already paid for it. He tried to pick a fight ...
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1 vote
1 answer
78 views

If a company tells you to commit billing fraud, what might be the consequences for doing so?

If a company tells you to commit billing fraud, what might be the consequences for doing so? Let's say you committed billing fraud, because the company told you to do so. Do you have to pay the amount ...
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0 votes
1 answer
119 views

What would happen if I set up an amateur radio station in Canada without entering Canada?

I have a US amateur radio license. I do not have a passport or Canadian amateur radio certificate. If I went near the border but stayed on the US side, set up an amateur radio station on a wheeled ...
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0 votes
0 answers
38 views

Can a search engine receive DMCA takedowns? (linking to copyrighted content) [duplicate]

I have a site similar to google.com based in canada that indexes various websites online. Some of these sites link directly or indirectly to copyrighted content. I have a "torrent" tab that ...
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1 vote
2 answers
89 views

Can a US citizen visiting Canada as a tourist walk back into the US at any point on the border? [duplicate]

If I am a US citizen visiting Canada as a tourist, can I walk across the border back into the US at any point along the border (as long as I can do so without trespassing in either country)?
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0 votes
1 answer
49 views

After getting a visa, can you walk across the US-Canada border whenever you want?

If a holder of a US passport legally enters Canada and obtains a visa, can s/he then walk across the border whenever s/he wants?
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3 votes
1 answer
123 views

Can a union fire someone for cause?

I worked at a place where management periodically made announcements on how to contact the union and that no retaliation would happen for doing so. One once mentioned that a person found to have ...
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-1 votes
1 answer
97 views

Anonymously forwarding emails

I was thinking about making this as a side project to generate traffic on my Canadian website... Let's say I create a service similar to yopmail.com whereas I allow users to generate email addresses ...
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5 votes
1 answer
148 views

Is it illegal if a policy affects one protected class more than everyone else?

I heard some residential leases prohibit any open flames including candles. Since many religions use candles, wouldn't this be an illegal form of discrimination of a protected class? Or does that not ...
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0 votes
3 answers
50 views

When must a party suffered damages in order to sue/take legal action against the offending party?

If a contract between two parties existed, and one party breached it, when must the other party show damages to have the breach remedied? The following examples comes from this question where people ...
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0 votes
1 answer
82 views

How many days of vacations am I entitled to?

I started on August 19 2020 and vacations are added on May, so between August 19 2020 and May 1 2021, I had around 9 days of vacation, but then HR tells me between May 1 2021 and May 2022, I can only ...
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0 votes
1 answer
103 views

Is it lawful to record or take notes on a presentation you were told not to?

In a union meeting 'legal counsel' gave a long presentation. It included a slide show. The meeting was held over a video call. The legal counsel said he does not give consent or permission to be ...
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1 vote
0 answers
56 views

Is it possible to receive no pay because all the money goes to union fees?

A bit of a follow up to Union fees were deducted but was never told there was a union If someone works for an employer for a very short time (for example 1 or 2 hours) is it possible to receive a net ...
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0 votes
1 answer
100 views

Union fees were deducted but was never told there was a union

I ask this question just out of curiosity. Please advise if it's a better fit for workplace or some other site. I was hired to work at a store. I quit after having worked 2 hours. Part of the reason I ...
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  • 135
0 votes
1 answer
64 views

What exactly is the difference between owning something and having a license with no restrictions?

If someone owns something does that mean they are free to do with it whatever they want, as long as they don't break the law? Or can someone own something with additional restrictions imposed on it? ...
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1 vote
3 answers
110 views

Why are legal fees not unconstitutional where equal protection clauses exist?

I live in Canada, where the equal protection clause looks like this: Equality Rights Equality before and under law and equal protection and benefit of law 15 (1) Every individual is equal before and ...
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0 votes
2 answers
144 views

Is it legal to put a photo of someone else's art on Facebook?

I was in a building that is publicly accessible and I took a photo of paintings they had hanging on the wall. Is it legal for me to post it on social media such as Facebook, or would this be copyright ...
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  • 171
2 votes
2 answers
152 views

secretly recording a murder confession

Let's say you had an opportunity to secretly record an acquaintance confessing to a murder decades prior. Can/would it be used by police/courts? Are there certain things about the recording that would ...
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2 votes
1 answer
65 views

What legislation applies to paid focus groups? Do labour laws?

There is a group on Facebook that connects people with local paid focus groups. Usually there are screening questions that are asked over Facebook messenger. Some examples of such screening questions ...
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1 vote
0 answers
48 views

Can employers in Canada provide different Health benefits based on family or marital status?

My employer offers a health benefits plan where the amount that can be claimed towards the benefits plan is higher for employees who have a spouse, and even higher for employees with children. I am ...
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-2 votes
1 answer
146 views

Should Canadians be seeking asylum to other countries? [closed]

Just wondering, in the plight of some recent news coming from Canada, and the Emergencies Act being evoked (protesters; thier right to protest in a certain area were vanquished and they were arrested);...
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0 votes
2 answers
95 views

Question about US law being sued in Canada

Suppose a Canadian subscription website is created providing valuable information on certain properties of a product to consumers. Unfortunately, a mistake was made where some images on the website ...
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0 votes
2 answers
74 views

Do all the statements an employer makes about a workplace have no effect when signing a contract with an integration clause?

Take the following term in an employment agreement for example: This Agreement constitutes the entire Agreement of the parties with respect to its subject matter and supersedes all other Agreements ...
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0 votes
1 answer
258 views

What exactly is illegal about the Canadian trucking protests?

I have been following the coverage of the Canada convoy protest in the news, and particularly the invocation of the Emergencies Act by PM Trudeau. In his announcement, he says: We're entering the ...
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