Questions tagged [canada]

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

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Legal concerns in capturing video in a privately owned but publicly accessible building [duplicate]

What should my legal concerns be if I want to use my phone to record my walk through of a building that is privately owned but is publicly accessible. What would I need to do to be able to legally do ...
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1answer
62 views

When commercial filming is taking place inside or outside, can a member of the public be forced not to record it? [duplicate]

Generally speaking when is it allowed to photograph people? When does someone have the authority to tell you not to? Does anyone have the authority to tell another person not to photograph them, or is ...
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0answers
44 views

Is it possible to prevent the Copyright Board of Canada from issuing licenses to “orphaned” works?

In Canada, the government can grant persons a license to use your copyrighted works without your consent, if you are deemed uncontactable through reasonable efforts. To date over 300 such licenses ...
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33 views

What happens if a person hides seized movable property from bailiff?

If a person has lost in small claims court in Quebec Canada and a bailiff has seized movable property what happens if at the sale the debtor fails to produce the property? Can the debtor be charged ...
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1answer
1k views

Is a highschool diploma a legal document?

Often places, especially colleges/universities, ask to see high school diplomas prior to enrollment. Employers or certifiers may ask to see one too, regardless of the type of job. My question is, is a ...
2
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1answer
25 views

Why would estoppel allow officials to play fast and loose with legal rules and the limits of a public authority’s powers, duties or jurisdiction?

I read all three cases in footnote 193, but they don't explain the boldening.       At an earlier time, the courts rejected the use of the private law doctrine of estoppel in easing ...
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0answers
24 views

In addition to base pay, what other payment in lieu of benefits must employer provide?

I may be confused about this. In Canada, in addition to the hourly rate, must an employer pay any additional fees, like vacation pay? I know one place I work paid 4% of base rate in lieu of vacation. ...
2
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1answer
66 views

What would go into proving you are an employee and not a contractor?

To my understanding, in Canada, an employee is given more protection and entitlements under the law, than a contractor. What would go into proving one is an employee and not a contractor? Would this ...
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1answer
62 views

Can a contractor have scheduled work canclled for no reason?

I work as a contractor for a company. A (small) dispute arose over an invoice I submitted. Out of retaliation the company cancelled my scheduled shifts. Are they allowed to do that? This is in Canada. ...
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1answer
49 views

Applied for adoption records & original birth registration - It's not the original registration info

I applied for my adoption records here in Canada because I need the papers for some passport stuff. I still talk with my biological father, but I was officially adopted by my mother's new husband ...
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1answer
16 views

Why did EWCA conclude that Gilchrist Vending v Sedley Hotel Ltd consisted with the principle that nominal consideration sufficed?

I'm asking about the red underline. John D McCamus. The Law of Contracts (2012 2 ed). p. 229 Mountford & Anor v Scott [1974] EWCA Civ 10 (17 October 1974) The third ground of attack on the ...
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3answers
304 views

Does a non-competition clause bond me to a minimum term of employment?

I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines: He or she agrees ...
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1answer
52 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
35 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
79 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 ...
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1answer
93 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 ...
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1answer
142 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 ...
2
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3answers
77 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 ...
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 ...
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2answers
38 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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3answers
110 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 ...
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0answers
61 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
50 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
75 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, ...
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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 ...
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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
161 views

Is it illegal to post an “owner is armed” sign in Canada?

I've been watching a TV show about border security in Canada and in the episode a border officer mentions that posting an "owner is armed" sign inside your vehicle is illegal. Is this true and if so, ...
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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 ...
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1answer
120 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 ...
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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 ...
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1answer
29 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 ...
2
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1answer
188 views

Does a cash-less place have to accept cash if other payment option failed?

I had it happen to me a few times that my credit card was blocked or deactivated by the bank without letting me know, and I only that found out while trying to pay. To counter that I always carry some ...
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0answers
46 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 ...
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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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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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2answers
97 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 ...
2
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1answer
90 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. ...
2
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1answer
206 views

What should i do when my landlord breaks an agreement, and later invokes the 60 days tenant notice in Ontario

My landlord refused to repair a big mold problem in my former apartment, when i told to the superintendent the mold in the apartment was making me and my kids sick, he yelled i should move out if i ...
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4answers
7k views

Can a landlord refuse to give a receipt for rent payment?

Is it legal for a business to refuse to give you a receipt when you pay them? For example a property management company refused to give someone a receipt for rent because they had not yet signed a ...
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1answer
185 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
69 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
74 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 ...
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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. ...
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
60 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
56 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 ...
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2answers
97 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
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 ...