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 ...
StumpTheCheff2's user avatar
1 vote
1 answer
125 views

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 ...
AlanSTACK's user avatar
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3 votes
1 answer
1k views

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 ...
Seeking answers's user avatar
0 votes
1 answer
62 views

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 ...
StumpTheCheff2's user avatar
1 vote
2 answers
130 views

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 ...
StumpTheCheff2's user avatar
6 votes
1 answer
1k views

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 ...
Hamas are war criminals's user avatar
10 votes
1 answer
2k views

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 ...
Michael Stachowsky's user avatar
4 votes
1 answer
75 views

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 ...
Kate Gregory's user avatar
2 votes
2 answers
205 views

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 ...
AlanSTACK's user avatar
  • 1,810
2 votes
1 answer
68 views

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 ...
CoriolisForceFighter's user avatar
3 votes
0 answers
103 views

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 ...
GentlePurpleRain's user avatar
0 votes
1 answer
148 views

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 ...
Kathy Adams's user avatar
2 votes
1 answer
98 views

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 ...
Jordan Rieger's user avatar
1 vote
1 answer
61 views

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) ...
Maurice's user avatar
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1 vote
1 answer
93 views

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 ...
copypasteme's user avatar
-1 votes
1 answer
108 views

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 ...
Kpage's user avatar
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0 votes
1 answer
64 views

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 "...
Jaredo Mills's user avatar
1 vote
2 answers
172 views

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 ...
Jaredo Mills's user avatar
1 vote
1 answer
174 views

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. ...
Jaredo Mills's user avatar
0 votes
1 answer
81 views

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 ...
Palapa Tours's user avatar
0 votes
0 answers
37 views

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 ...
metaUser's user avatar
13 votes
1 answer
5k views

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 (...
user110391's user avatar
0 votes
0 answers
38 views

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. (...
Fred-T-800's user avatar
1 vote
2 answers
117 views

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 ...
Fred-T-800's user avatar
1 vote
1 answer
174 views

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 ...
cine's user avatar
  • 93
2 votes
1 answer
65 views

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 ...
systemdebt's user avatar
1 vote
1 answer
70 views

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 ...
Jen's user avatar
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0 votes
1 answer
90 views

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 ...
systemdebt's user avatar
5 votes
1 answer
217 views

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 ...
miken32's user avatar
  • 151
21 votes
3 answers
5k views

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 ...
Nzall's user avatar
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-1 votes
2 answers
281 views

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 ...
user avatar
2 votes
2 answers
130 views

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 ...
StumpTheCheff2's user avatar
4 votes
2 answers
282 views

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 ...
StumpTheCheff2's user avatar
1 vote
1 answer
126 views

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 ...
user avatar
5 votes
1 answer
1k views

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. ...
Jen's user avatar
  • 43.8k
2 votes
2 answers
146 views

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 ...
StumpTheCheff2's user avatar
12 votes
3 answers
2k views

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 ...
Michael Hardy's user avatar
3 votes
0 answers
69 views

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 ...
fivemoose's user avatar
  • 215
-2 votes
1 answer
191 views

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 ...
StumpTheCheff2's user avatar
17 votes
2 answers
6k views

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?
bipbop1's user avatar
  • 407
7 votes
2 answers
3k views

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 ...
John's user avatar
  • 73
4 votes
0 answers
91 views

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. ...
StumpTheCheff2's user avatar
3 votes
1 answer
2k views

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 ...
dodo's user avatar
  • 345
12 votes
5 answers
4k views

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 ...
CoriolisForceFighter's user avatar
2 votes
0 answers
98 views

(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 ...
akozi's user avatar
  • 121
2 votes
3 answers
144 views

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 ...
CoriolisForceFighter's user avatar
2 votes
1 answer
148 views

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 ...
Maurice's user avatar
  • 391
3 votes
1 answer
39 views

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 ...
user avatar
0 votes
1 answer
45 views

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 ...
Michael Stachowsky's user avatar
-1 votes
1 answer
639 views

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&...
Tronman's user avatar
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