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Questions tagged [canada]

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

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1
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1answer
42 views

Does Canada Have A Law Against Automatic Software Updates?

The Windows 10 1909 November setup license agreement has a provision which seems to suggest Microsoft must provide Canadians with the ability to entirely disable updates. Is there such a law?
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1answer
30 views

Negligent supervision in a Canadian graduate university program - legal remedy?

The Faculty of Graduate Studies handbook at my Canadian university provides clear guidelines for what supervisors and committees are expected to do. The supervisor in question has been delinquent with ...
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1answer
78 views

What would happen if you can't pay because your credit card stopped working? [duplicate]

I'm interested in situations were you pay after you use or consume something (like eating at a restaurant or renting something). What would happen if your credit card stops working before you pay? In ...
2
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1answer
92 views

Can an employee be effectivley fired by making their work really bad?

To my understanding An employer is allowed to reduce an employees wage without reason An employer can cancel or reschedule shifts without reason or send an employee home without pay Canada is not ...
2
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3answers
76 views

Are recorded conversations regarded as legally binding contracts?

Situation: there is a cell phone account in my sister's name. However, she does not use any of the lines, and she does not pay for it (payment comes out of my personal credit card automatically). I ...
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2answers
34 views

Meaning of “costs throughout to” in a court case?

A judge said, "I would therefore dismiss the appeal with costs throughout to the respondent." Excuse my simple post here. I looked for an answer on google, but could not find any. I would like to ...
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0answers
58 views

Bailiff refuses to go to court

I am the plaintiff in a case (small claims court Quebec) I hired a bailiff to carry out an execution of judgement he did and seized some property from the defendant. Now the defendant is trying to ...
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0answers
48 views

Must employer pay extra for entire weekend of working on a holiday or just day?

I sometimes work Sundays. There is a holiday on Monday, it's Thanksgiving. Where I live we get paid extra for working a holiday. Should I get paid extra for working this Sunday? I'm guessing I know ...
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1answer
91 views

Stealing my property back?

So my sister has a few of my clothes and some personal items that she borrowed from me . She claims I gave her the personal items and I never gave her any of it . I’ve asked multiple times for it back ...
2
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1answer
74 views

How much time is allocated for analyzing case law during a trial

In a rather simple trial (driving infringement, penal court - NOT criminal), how much time is allocated to each party to analyze each others case law? Is it expected to be done during the hearing, ...
1
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1answer
51 views

Is there something in littigation for when a party isn't honestly trying to resolve the issue

I had taken my ex-landlord to court and am considering taking him again. He is a very dishonest person. Since court is a formal process, I don't know how to say this. For example we reached a ...
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1answer
57 views

What steps should be taken in order to legalise and sell medical software?

So I thought about an idea for a medical software and I made just for fun. It wasn't that good but it was much better than what I'd expected to get. Fast forward a couple months, I made the software a ...
0
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1answer
47 views

What is a court order? How is it different than a settlement?

I had brought a case against my ex-landlord. One of the claims was he wouldn't return some property of mine. In the settlement agreement, he said he would make available for pickup my property. He did ...
0
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1answer
138 views

Can you sue a person for time spent taking them to court?

I know legal proceedings can be time consuming and stressful. Can a plaintiff sue the defendant for the time and energy involved? Would they need to show something, for example taking time off work to ...
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3answers
108 views

What laws would be broken if a university professor accepted money in exchange for better grades?

Suppose a student in an ordinary university offered $100 to his professor (or Teaching Assistant) in exchange for a five percentage point improvement in his grade. Suppose the professor/TA accepted it ...
1
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1answer
118 views

Do parent's have an obligation to pay for university expenses after divorce?

In Canada/Ontario, if parents are divorced, do the parents' obligations to contribute to a child's university education expenses change based on their relationship? I'm looking at 2 cases, one where ...
2
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3answers
95 views

If party doesn't do what's agreed in settlement, can you sue again or is enforcement the only option?

I filed a dispute with the Civil Resolution Tribunal (CRT). A settlement was reached. Two terms of the settlement were the defendant will make available my property for me to pickup parties agree ...
1
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1answer
112 views

Can an employer reprimand an employee for posting negative reviews on social media?

If an employee posts on social media that a company is bad to work for, can they get fired or reprimanded for it? What if they gave specific examples, like how the employer reduced their wage without ...
1
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1answer
28 views

How inherited Property Assets Split in a Divorce in Ontario, Canada

I cannot find any detains on how Ontario law Deals with the splitting of assets in a divorce. I am specifically interested in if their are any exemptions to inherited family property (a farm owned by ...
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0answers
44 views

Must employer give 2 weeks work if work is shift work and employee gave notice

I work for a company that periodically asks employees what their availability is and assigns shifts based on that. The calendar with the shift information is about at it's end and a new one hasn't ...
0
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1answer
31 views

Quoting a case law if original decision cannot be found

Decision X was taken long ago and is not accessible online to the public. There are several (> 10) recent decisions that describe and quote X, and they are available online to the public. Is it ...
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2answers
96 views

How to say “ entangled parking space”?

As an official translator, I need to be loyal to the text in such a manner that no words are omitted. In translation of title deeds there’s a section which specifies the metes and bounds of the ...
1
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1answer
82 views

Read written testimony instead of witnessing

I am defending myself in a penal case (driving infringement; not a criminal case). At time of the events, I gave to the police a very detailed written testimony, which is now part of the proof. For ...
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1answer
67 views

Canada Elections Climate Change and God

I just saw this BBC news article. Canada election: Charities warned against climate change ads Canada's election watchdog has warned environmentalists that saying climate change is real could ...
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1answer
183 views

Can the court order my retired father, who is a single father, to make more money (Canadian Law) (revised to anonymous) [closed]

(I'm sorry about deleting and re-posting the question, there are family details and the site was attaching my real name. I'm reposting using an email address that isn't linked to me.) My father was ...
1
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1answer
73 views

What happens if parties do not honour a settlement agreement?

Say a settlement agreement was reached where a shopper sued a grocery store over food that gave her food poisoning. If the terms of the settlement agreement were grocery store shall pay shopper $100 ...
2
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1answer
65 views

Does the Residential Tenancies Act apply when renting a room in a multi-bedroom apartment'

I've read through the Nova Scotia Residential Tenancies Act, and my understanding is that if an individual rents a room from the Lease Holder of a multi-bedroom apartment (and the leasee is also ...
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2answers
57 views

What happens if someone knowingly accepts a contract with some invalid terms?

A dispute arose between me and my ex-landlord. Before any litigation, I told him the things I expected that he wasn't doing. His response was to agree to do them, provided I would agree to various ...
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0answers
55 views

Have there ever been any cases where someone sued their government for not delivering their passport in a reasonable amount of time?

I am wondering if there have been any cases in Canada that were heard before a court or tribunal, or even if there was any informal dispute that was discussed in any media. Surely many people in the ...
5
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2answers
94 views

Can a party demand you not record their phone call?

To my understanding call recording is legal in Canada, even if the other person isn't aware of it. I am going through arbitration, and someone I spoke with said "there is to be no recording of this or ...
1
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1answer
85 views

Legal liability for theft of credit card information left in my care with no contract?

Suppose your neighbor asks you to babysit their cat. The neighbor has to run an errand so they leave it with me. Someone else breaks into my house and steals the cat, along with its diamond necklace. ...
1
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1answer
96 views

Best way to provide video of landlord doing something he lied about not doing? [closed]

I lived in a rental home where my landlord lived in the same building. The landlord had this notion he could "immediate evict" anyone. He told me if I wasn't out he would replace the locks and remove ...
2
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0answers
40 views

Misleading food labelling

What to do if you were violently ill from a product from a huge establishment that had a lone, large green label on the front of the product saying “vegan”, only to find once consuming, it contained ...
2
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0answers
57 views

Airline ignoring Montreal Convention [closed]

I flew with Finnair from Moscow to Montreal. My luggage got delayed by 3 days. As per Montreal Convention, I can spend up to 1,131 SDR on necessities as my luggage is missing and the airline is ...
2
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0answers
37 views

When is it ilegal to carry opened alcohol in public?

I heard it's technically illegal to have an alcoholic beverage that is not in the same state it was sold in, in public. Does this mean if a single can of beer is missing from a six pack it is illegal?...
0
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0answers
29 views

Immigrating to Canada from the UK - sponsored by a spouse or skilled worker?

My Canadian fiancée is currently living with me here in the UK on a 2 year Tier 5 Working Holiday Visa. We are getting married towards the end of that visa's validity (in Canada). We are currently ...
0
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0answers
47 views

Make money with a service that depends on third-party software

I play this video game which is developed by a small company. This game is great but it does not allow online multiplayer, you must play with other people on the same console. Recently, I learned that ...
0
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1answer
86 views

When is something considered theft vs free?

My job was to promote something in a grocery store. I happened to cross paths with someone from the bakery and they asked if I wanted a pizza to draw interest in my permission. I said ok. After the ...
0
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1answer
71 views

In general should court documents not be disclosed?

I am in Canada and have brought a dispute to the Civil Resolution Tribunal. The defendant has replied. He claims that there are several people (who I know) who are prepared to corroborate his side of ...
1
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1answer
37 views

As a website owner, what's my legal requirement to ask for SIN number

We have a job recruitment system that we installed which includes a public website where people can apply for jobs directly on the internet. One of the fields is SIN number that displays by default. ...
0
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0answers
9 views

Assets, acquisitions, and creditors

Been doing a lot of research in a few separate fields of law, and I'm trying to understand how the peices combine in the following presenting what legal tools to solve the matter. Scenario: If a ...
0
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0answers
12 views

Filing a lien if a client is unable to pay

Is it possible to file a lien on the work done as part of the contract if the client is unable to pay for it. For example, if a contractor writes software for a client, and the client makes no ...
0
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1answer
69 views

When is something inadmissible as evidence because it's considered a negotiation?

To my understanding anything can be used as evidence unless a specific law prohibits it. When is negotiating inadmissible as evidence? My (ex)landlord demanded I move out immediately. I told him I ...
2
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1answer
50 views

When can a contract require the agreenment of another contract?

I have seen several contracts that have terms such as "by accepting this offer you agree to sign a NDA/Non-Compete/Anti-harassment/Etc". How can this be fair prior to even seeing the NDA? I work for ...
0
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1answer
73 views

Fraud if a director lies about being unable to pay

Context: Canadian Law; contractor; fraud Would it be considered fraudulence on behalf of the director (specifically CEO) of a company if they were to lie about being unable to pay a contractor, but ...
1
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2answers
58 views

Work for hire as a contractor without payment, can you withhold IP?

Context: Canadian law; contract work; software IP If a contractor signs a work for hire agreement at the outset of a project and agrees that all work done for a company is the company's IP, can the ...
1
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2answers
84 views

Is it bad to have communication with opposing party outside of court?

I started a claim against someone. The level of court does not require lawyers. The defendant rejected all my claims through the court, but contacted me by email saying he wishes to meet in person to ...
2
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1answer
88 views

What is the minimum time an employer must give before cancelling work?

I do sporadic work for a company. I had a shift scheduled for over a month. I messaged my manager the day before asking if there's anything else I needed to know. She told me the shift was cancelled. ...
1
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1answer
21 views

How to determine which court to apply to when parties are in different areas?

I am considering taking an employer to court. It would be regarding whether or not I'm a contractor or employee (and thus entitled to different benefits). I am not sure which court I would apply to. ...
1
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1answer
77 views

In Canada can employer force employees not to discuss wage?

In Canada can an employer require its employees not to discuss wages (either internal or external of the company)? What if the employee signed a confidentiality agreement where they agreed not to ...