Questions tagged [canada]

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

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36 views

In Canada and the US, is there a public hotline to call the government and ask whether something is legal? [duplicate]

This question might seem absurd. But is it possible to just call some government agency and directly ask them if a law applies to them or their business? Or does the government's responsibility end ...
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18 views

How/where to find precedent civil cases (Canada)?

I am interested in learning about some civil cases that happened in the past. What are the resources that one could use to find thematic breakdown of such cases? For example, where would I be able to ...
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1answer
722 views

Can someone sue me for not giving back the amount of money they gave me as a gift?

I was given an amount of money (less than 2,000$ CAD) as a gift from someone with her confirmation (by message and on paper). At first, I told her that I would accept the gift, but in the future, if ...
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1answer
40 views

Is evidence submitted in writting that came from a third party, hearsay?

I have a Dispute scheduled with my ex-landlord. Among other things I alleged that he infringed upon my Quiet Enjoyment by routinely pressuring me into moving out with in person meetings. The landlord ...
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30 views

What steps must an employer take to keep health information confidential?

I asked this on workplace but perhaps it's a better fit here. With my job we are required to get COVID testing frequently. They normally hire different labs to do the testing so each time there's some ...
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19 views

Since I am unemployed, can I get PR card any faster?

I arrived in Canada on a closed work permit (on GSS) but was terminated in less than a year because of the pandemic. I appeared for IELTS over and over again, and eventually got picked up in express ...
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1answer
47 views

Can a contract exclude “common law”?

In an employment contract, is this enforceable? The Company may terminate your employment at any time, without just cause, by providing you with the minimum notice or pay in lieu, that you are ...
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4answers
142 views

Bob occupies Anna's parking lot. How could Anna prove it?

Anna owns a parking lot. However Bob frequently uses it as his guests' parking lot for two years. The average rental rate for a parking lot is about $40 a month, totaling about $1000 for the two years ...
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33 views

In BC, Canada, may an adult seek & receive a Protection Order if the respondent is the mother of the petitioner but the parties do not live together?

(N.B. I've never studied the Canadian legal system, I'm not Canadian, I don't live in Canada, and I've never been to Canada. But I like cheese curds.) In a nutshell: what I want to know (...
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1answer
37 views

New landlord in need of guidance about tenant cleaning up property and also installing a fence for privacy In Ontario Canada

New landlord in need of guidance please. I am a new landlord who owns a duplex and is wanting to get the tenants to clean up all junk off the property outside first of all then I would like to build a ...
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2answers
125 views

In Canada, can a jury convict you of a crime that wasn't oringially charged?

Can you be charged with one crime, but convicted on a different crime? For example, could one be charged with first-degree murder, but be found guilty by a jury of second-degree murder? Could one be ...
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1answer
40 views

Can someone from a non-English speaking country and university apply for universities inside Canada or US without TOEFL or IELTS? [closed]

Someone at OneKeyVisa immigration agency told my friend that she can apply for and get accepted to US universities and get her Student Visa without any English test scores and then request some ...
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1answer
39 views

What happens when a Canadian not-for-profit organization does not comply with its own by-laws?

When I search "by-law Canada" in Google, everything I get is about "municipal by-laws" such as as the first result which is the website of a law firm that explains what municipal ...
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1answer
70 views

Playing copyrighted music legally -> personal and small group usage

I play guitar. I just want to know what is legal or not regarding my playing copyrighted music. I understand that performing in public (whatever that means!? Formal event? More than just me? Other?))...
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2answers
171 views

Blackmail is illegal. But how is that enforced pragmatically?

I am a total layman and I don't have any experience in the field of law. Please keep this in mind when responding to this question. Obviously blackmail is illegal. However, I have always wondered how ...
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1answer
102 views

Why was no constitutional amendment needed to change the rules on succession to the Canadian throne?

In 2013 a statute altered the rules on succession to the throne in Canada. (Specifically, if a woman is the eldest child of the monarch then she inherits the throne upon the monarch's death even if ...
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1answer
112 views

Can an employer force me to quit my old job, claiming it's a conflict of interest, if I never agree to it in an employment contract?

This question is about when is something legally binding. Say I am an interview for a new company. They advise me that continuing to work for my old one (even on a part-time basis) would be a conflict ...
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1answer
85 views

Is it legal to pick locks to gain access to an area you're allowed to be in, in Canada?

After a bit of discussion regarding my answer for this question in the Workplace Stackexchange, I got to wondering: Is it legal to pick a lock to gain access to an area you're authorized to enter in ...
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1answer
824 views

Employer suddenly decided to use finger prints for clocking in and out. Can I refuse?

I work in a retail store with about 20 staff members. Usually 3-8 work at a time. The job isn't meant to be permanent and pays close to minimum wage. All of a sudden they are adding a fingerprint ...
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1answer
62 views

Canadian consumer law. Invoiced for a fee I didn't agree on

I signed a contract with lawyer. In this contract, some fees were specified to be paid at agreed conditions. Any other fees, beyond the scope of a contract, were to be negotiated and agreed on in a ...
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1answer
929 views

Is the act of receiving a 'happy ending' illegal in Canada?

https://www.cbc.ca/news/canada/montreal/massage-therapist-s-happy-endings-incident-spurs-federation-to-take-action-1.4659016 In the recording of the interaction at the Kirkland police detachment, the ...
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1answer
108 views

The big-boys want to use our condo-fee to repair their private portion

I live in a small condominium with eight units. Two units have their private balconies with private entrance. They want to have a major repair done for their private portion. The expected cost is ...
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1answer
67 views

Am I allowed to sell the reviews of my product to another company?

I ran a company which closed down two months ago. One of my former competitor's has contacted me about buying my branding, product formulations, and business name. They are not interested in my ...
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2answers
93 views

Are provisions requiring employees to provide certain amount of notice before quitting, enforceable?

To my understanding giving 2 weeks notice when quitting is customary, though not legally required. Can an employment contract stipulate that the 2 weeks are mandatory? I'm curious how it would be ...
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1answer
139 views

Police trusts witnesses but not the video tapes

A man called the police, claiming that he was put down to the ground by the company's staff inside a company's building. No one is directly witnessing the action but one surveillance camera, which ...
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1answer
98 views

What happens if bad lawyer advice causes irreparable harm?

Let's reduce the question to Canadian lawyers in immigration practice. Bad advice can cause loss of residency, lifetime ban and more. What's your recourse?
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2answers
78 views

In the law what is considered sexual?

This is bit of a follow up to How can a community based not-for-profit be sued? A dispute arose with a local kink community getting sued. The open letter was addressed to ... Lyncaster’s ...and ...
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790 views

How can a community based not-for-profit be sued?

This question Is normally illegal kink legal inspired me to ask this. The Metro Vancouver Kink Society is getting sued. In a short summary of events, one member of MVKS was accused of acting ...
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1answer
1k views

Is normally illegal kink legal if consensual

My wife is older than age of majority and can freely give consent. She has a specific kink of wanting to be upskirted in shops. If I have her consent, can I do this without getting in trouble? If she ...
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3answers
80 views

Is it legal to demand a user agree to an EULA after the product has already been purchased?

First I'd like to note that I'm primarely interested in Canadian law, but answers about the law in other countries is fine as well. I've encountered this situation on multiple occasions, such as when ...
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1answer
57 views

Sharing ad revenue [closed]

My friend and I own a website which hosts fan-created content for a video game (character skins, etc.), and make around 800$/month in ad revenue, which we're splitting 50/50. To thank the people ...
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1answer
185 views

Dual U.S./canadian citizen living in Canada who has never resided in the U.S. can vote or not?

I am a Dual U.S./canadian citizen living in Canada who has never resided in the U.S. but my deceased mother lived and was born in Michigan and i was told i could register to vote but all Michigan ...
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1answer
37 views

Do countries that are not in the Berne Convention enjoy the benefits it provides?

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, ...
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1answer
41 views

Is informal written consent in the form of text-messages/email legally binding?

For the purpose of this question, let us assume the contract is for common goods and services. Lets say I meet a Plumber over some online marketplace (e.g. Facebook, Craigslist, etc) and he writes ...
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1answer
101 views

What happens to confidentiality agreements after company dissolves?

I worked as a consultant for a company that dissolved. I signed a confidentiality agreement that ended with "This Section shall survive termination of this Agreement." Out of curiosity am I ...
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2answers
100 views

United States citizen crosses Canadian border and murders someone. Who prosecutes the killer?

Would like this question answered, as I have the scenario in the book I am currently writing. Would like to ensure I am providing my readers probable outcome for the killer. A United States citizen ...
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1answer
27 views

Regarding Canada Sponsor eligibility for Parents and Grandparents

Under the Canadian Parents and Grandparents sponsorship program, one of the eligibility requirements for the sponsor is that "they must be earning above a certain threshold salary for 3 tax years ...
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20 views

Can Meng still be charged of fraud for not disclosing that Huawei owned part of Skycom?

Yet Meng’s legal team has now shown that the documentation submitted by the US to the High Court of British Columbia was incomplete. Other parts of the same document, not included in the US government’...
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70 views

Is an individual's claim to self-defense impacted by whether or not they used a tool/weapon?

Consider the following hypothetical scenario: A robber breaks into a person's apartment. They had initially expected the individual to be at work, and thus the apartment empty. But unfortunately, the ...
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49 views

Bait and switch selling

I purchased an 11-piece cabinet at a ridiculously low price and the order was confirmed by the corporate retailer. Few days after reviewing my order they have swapped out the item for a different item....
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38 views

Does Canada allow the use of copyrighted materials for self study?

I was reading into the Canadian copyright law and it says that: 29: Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright does this allow ...
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1answer
36 views

I have settled the claim. To what extent can I recover the settlement costs based on an indemnity clause?

In Canada, to what extent can I recover the settlement costs from a third party, based on that third party's indemnity clause that indemnifies me. For instance, would a court say that I can settle but ...
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1answer
41 views

How to find status of criminal prosecution (Alberta, Canada)

Calgary men charged after 864 investors lose $33M in Crowsnest Pass development Jun 10, 2016 I can't find any further news about this. I tried contacting CBC but got no reply. (Not to be confused with ...
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1answer
66 views

If landlord doesn't return damage deposit, must you remind him before starting a case?

Where I live if a landlord doesn't return a damage deposit, the tenant can go after him for double the value. From a pragmatic view, must/should the tenant warn the landlord before the 15 days are up? ...
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1answer
56 views

Do I need to pay duties when bringing items into country for storage?

I have a very interesting situation. I have a whole bunch of product cartons at Amazon warehouses in US right now. They were imported from China and duties were paid upon importing to US. I am not ...
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1answer
26 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
70 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
118 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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49 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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