Questions tagged [canada]
For questions specific to Canada as a whole, or that span multiple provincial and territorial jurisdictions.
563
questions
2
votes
1answer
75 views
Must employer do something about aggressive customers?
I work in a liquor store where often times I am the only employee. Today a customer acted aggressively and said he wanted me to come outside with him (presumably to fight). He was also swearing at me. ...
1
vote
2answers
123 views
What power does an employer have over gratuities/tips?
First, what is the difference between tips and a gift? Can an employer legally order employees not to accept either? Can an employer order an employee to share it? For example in restaurants many have ...
9
votes
3answers
182 views
Is it illegal for a store employee to do this with payment?
In a retail store the official policy is that cash is not accepted and payment must be made through payment card (e.g. credit card). Some employees started telling the customers who want to pay in ...
4
votes
2answers
68 views
Confusion about by-laws, unanimous member agreements, and appointment of directors in Canadian not-for-profit organizations
The starting point for my question is this by-law for a not-for-profit organization in Canada (the by-law is about the make-up of the board of directors):
"(b) A majority of the Directors must ...
1
vote
0answers
30 views
Can the buyer's salesperson receive commission directly from a private seller?
Imagine a private seller wants to save money by not hiring an agent, but is willing to pay some amount to a potential buyer's agent to seal the deal.
In the described situation can the buyer's ...
4
votes
1answer
102 views
How do provincial liquor and sales tax laws apply to railways and civil aviation?
The question was inspired by and raised during my research on a question on Travel.SE concerning the minimum age for alcohol service on board international flights; but here I'm exclusively interested ...
1
vote
1answer
73 views
What happens if debtor pays before enforcement hearing?
This is a hypothetical scenario.
I had an order which the debtor was not following. He paid me just before the enforcement hearing. What do I need to do to cancel the hearing, or should I attend and ...
3
votes
1answer
83 views
When can a customer be denied service for not wearing a (COVID) mask, considering medical exceptions?
I work in a retail liquor store. We require customers to wear masks to prevent the spread of COVID19. Technically speaking is wearing masks a law, a health order or the store policy as a result of the ...
2
votes
1answer
59 views
Is Section 33 of the Canadian Charter of Rights and Freedoms limited by Section 1?
Section 33 of the Canadian Charter of Rights and Freedoms provides as follows:
Exception where express declaration
33 (1) Parliament or the legislature of a province may expressly declare in an Act ...
1
vote
1answer
45 views
Does probation period count actual days worked or days starting from job acceptance?
I had worked an on call job. There was zero guarantee of any work, but typically everyone got 2-4 shifts per week. I was terminated within probation according to management, but I was very close to ...
1
vote
2answers
112 views
Can a corporation terminate my account, just because I keep complaining on legitimate issues?
For privacy, I don't want to identify which discount broker in Canada. Last week, I received this surprising letter.
Based on information received by our Compliance Department, we have decided to ...
1
vote
1answer
80 views
Can you get jailed for misreporting numbers to pay less for a billing on behalf of a company because your manager told you to do so?
Can you get jailed for misreporting numbers to pay less for a billing on behalf of a company because your manager told you to do so? Let's say you make up a bunch of numbers to pay 1,500$ instead of 5,...
3
votes
2answers
92 views
Does Canadian law differ from US law concerning undue influence of jurors?
According to Reuters, the judge in the murder trial of Derek Chauvin today sharply criticized Maxine Waters' comments on the case, saying she might have given the defense grounds for appeal in the ...
0
votes
1answer
41 views
Can there be a settlement agreement for termination of employment?
Say a dispute arises between an employee and employer. The employer believes the employee stole something or intentionally damaged company property. The employer would like to immediately fire the ...
5
votes
1answer
165 views
Does a store have to hire someone with conflicting views on the pandemic?
Suppose a store is considering an employee for hire when a social media review finds views that conflict with both prevailing governmental advice as well as the views of management. If the discovery ...
1
vote
1answer
89 views
Must there be a limit on late fees?
Generally speaking must late fees have some sort of cap or limit? For example if it were the libraries policy could they really charge $100 per day for unreturned books? A more realistic example, ...
1
vote
0answers
15 views
Can a civil action started under Ontario's Simplified Procedure be moved to Small Claims Court?
Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for ...
3
votes
2answers
96 views
Can an employee be penalized for missing work due to medical appointment?
Can an employer discipline an employee for taking time off work for a medical appointment? What if the employee is still on the probation period? I won't get into specific details, but a somewhat ...
0
votes
2answers
128 views
Can employer deduct minutes worth of pay for clocking out few minutes early?
I started working in a retail store. We are scheduled to work for 30 minutes after the store closes to finish the closing procedures (such as turning off lights, locking doors etc). For example if the ...
3
votes
2answers
90 views
Which part of the Criminal Code does not apply in the territories?
The Criminal Code of Canada provides that
Application to territories
8 (1) The provisions of this Act apply throughout Canada except
(a) in Yukon, in so far as they are inconsistent with the Yukon ...
4
votes
1answer
221 views
Must an employer provide a break room/lunch room to its employees?
I started working in a retail store. It has no lunch room, break room, or a place where employees can sit comfortably to relax. In practice there's a storage area where people use bins to eat their ...
2
votes
1answer
134 views
Can an employee be disciplined for breaking a rule that is clearly not usually enforced?
I started a new job working in a retail store. The employee handbook has several official rules and policy which are clearly not enforced. For example
no dogs in the store
no cellphones at work
...
4
votes
1answer
43 views
Does this devotion clause mean I cannot work on personal commercial projects (or a registered business)?
As an engineer, I would like to make sure that I can work on side projects, and have the right to commercialize it; that is publishing on the app store as a paid app, or hosting on the web with a ...
0
votes
0answers
79 views
Can a roommate be kicked out for being racist towards another roommate?
I share a rental unit with two other adults. We each have individual leases. One of them (call her Jane) is racist towards the other (call him Joe). They got along fine at first. Then suddenly Jane ...
1
vote
1answer
72 views
In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?
At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers.
I understand in the payment hearing the creditor can ...
6
votes
0answers
146 views
Are Ontario municipalities allowed to stop issuing marriage licenses during COVID-19?
Some Ontario cities, such as Waterloo say on their website:
"Due to COVID-19, marriage licences will be suspended until further notice."
Here is a screenshot, in case the website changes.
...
1
vote
1answer
76 views
When does “forced flex time” become “unpaid overtime”?
Jurisdiction: Ontario, Canada.
Facts:
Salaried employee.
Employer has made it very clear that working hours are strictly 9:00 - 12:00, 1:00 - 5:00. No flex.
Clients often request services outside of ...
1
vote
2answers
48 views
Question about corporations established through legislation in Canada
PART I of BILL C-93 from February 1997 described the establishment of a corporation and some definitions related to it. The concept of a corporation being established in legislation is new to me, so I ...
1
vote
1answer
63 views
How to serve a summons to payment hearing to a debtor?
Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to ...
2
votes
1answer
61 views
How is interest calculated on a debt?
For the notice of payment hearing forum it has a section for "payment order" and "interest". How is interest calculated? What percent is it? What time does it start counting from, ...
1
vote
1answer
96 views
What happens if someone moves home to avoid a payment hearing?
If legal action has been started against someone, what happens if they move homes? For example, if an order for a defendant to pay someone money is made, what would happen if they just moved homes so ...
5
votes
1answer
284 views
Paying material and labour costs v. full quote
I was given a quote by my contractor (approx. 30K) which included both a labour component (18K) and a material component (12K). However, for various reasons he insisted I pay for the material myself, ...
0
votes
3answers
143 views
Street signs and bylaws — what matters more?
The question is specifically about a situation in Canada (province Ontario, city of Toronto), but other common law country view would be useful.
Suppose there is a municipal bylaw that prohibits ...
4
votes
1answer
483 views
I murder someone in the US and flee to Canada. If Canada refuses to extradite do they then try me in Canadian courts
The murder is committed on US soil. the fugitive flees to Canada. The US requests Canada arrest the fugitive, which they do. US requests extradition. Canada refuses because US has capital punishment. ...
0
votes
1answer
49 views
How to have a provincial court order enforced? What are the pros/cons of the different ways?
Follow up to How does someone file an order with the Provincial Court to have it enforced?
If a plaintiff received a validated order from the Civil Resolution Tribunal, then filed it with the BC ...
2
votes
1answer
58 views
May an employer legally terminate a contract, should the planned funding supporting that contract cease to exist?
A Canadian university issues job offers for its post-doctoral fellows according to a template in which one reads:
This appointment is a term appointment from [date] to [date], and is
funded, at least ...
1
vote
1answer
57 views
How does someone file an order with the Provincial Court to have it enforced?
Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
0
votes
1answer
60 views
Can Company Profits Be Split Equally Amongst Two Partners With Different Shares?
I intend to create an 'inc.' moral entity in Quebec, Canada (corporation).
Can I own 75% of the shares while splitting profit 50/50 with my partner? (In a legally binding manner)
1
vote
1answer
104 views
A deceased signed a car loan on behalf of a relative with poor credit- what happens?
Albert signed a car loan on behalf of his son, Bob as Bob had poor credit. Bob drove the car and paid the repayments, though was not mentioned on the loan.
Albert dies.
What rights does the bank have ...
1
vote
0answers
21 views
Product use documentation and company customer service info conflict, which info is the company liable for?
In Canada (Ontario) a customer buys a product manufactured by company A.
One of the components of the product is produced by a third party (company B) and has a label stating the limitations of this ...
0
votes
1answer
68 views
How to file a lawsuit against a Canadian national from the UK? [closed]
My uncle is a British national. Around 8 years back he helped his distant relative living in Canada who was in a financial difficulty by giving him a loan of approx £30K with an agreement that he will ...
0
votes
2answers
421 views
Is it legal for a company to upsell a customer for paid warranty, even after the customer refused this warranty multiple times?
Linus Tech Tips, a Canadian tech Youtuber, recently did a secret shopper gaming PC series. In the 4th and last video (https://youtu.be/Go5tLO6ipxw?t=114), he explains how the first system seller they ...
0
votes
1answer
32 views
Confused as to the waiting period required after getting an order
A default judgement was awarded. It seems there are contradicting orders in how much time one must wait to get it enforced:
As set out in 58.1 (3) of the CRTA, a part may only enforce this order
if ...
0
votes
0answers
40 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 ...
1
vote
1answer
56 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 ...
2
votes
1answer
882 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 ...
1
vote
1answer
43 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 ...
1
vote
0answers
35 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 ...
0
votes
0answers
22 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 ...
1
vote
2answers
112 views
Can an employment contract exclude “reasonable notice at 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 ...
