Questions tagged [canada]

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

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7
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2answers
3k views

What is considered “public” in the context of taking videos or audio recordings?

According to the answers in this question it's legal to photograph someone in public without their consent. I'm assuming the answers still hold true for video or audio recording (such as what can be ...
6
votes
1answer
3k views

Is it legal to work without pay - Canada?

I have heard it can be illegal to work without pay. Under what circumstances is this true? I could see why it would be illegal for certain things (like a police officer not getting paid), but what ...
3
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3answers
5k views

In a marriage, can one spouse just run away and declare this a “separation”?

My friend’s father ran away from his wife after 30 years of marriage. He left her with all of the debts to pay and no income to support. He then hired a lawyer sending her a wish to negotiate a ...
8
votes
1answer
426 views

Are U.S. employers subject to Canadian employment law if they hire a Canadian to work remotely?

Hypothetical Facts U.S. company ("A") hires Canadian worker ("B") to work as an unpaid intern. B never physically leaves Canada and does all her work by telephone, computer and internet. A has a ...
5
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1answer
538 views

When can someone who's not a police officer use physical force?

When can a civilian use physical force on someone? Are there any other times besides in self defence? Is it legal to use physical force in the event of an emergency, for example if you shove someone ...
3
votes
1answer
183 views

What type of lawyer would I need to help me deal with issues of academic misconduct?

What can stop a university from doing whatever they want and screwing students over in terms of accusing them of cheating, plagiarism, or a misunderstanding of professor authorization of essay re-...
3
votes
1answer
147 views

Can a lawyer file for a divorce 14 years after finalizing the divorce in an other country?

I am a Canadian, living in California, divorced my ex-husband in 2003. According to the settlement signed in California, the family home in Canada was transferred to me. At the time of divorce his ...
3
votes
1answer
164 views

Serving evidence to ex-landlord and being able to prove it

I am trying to save money as I don't have much to spare. I need to serve the landlord with any documents that I serve the court. Typically this is done through registered mail, but this is expensive ...
2
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1answer
697 views

When in consent necessary for touching someone?

When is consent to touch another person necessary and what constitutes consent? This question focuses on intimate, romantic or sexual relationships between two adults. At school they have been pushing ...
1
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2answers
59 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 ...
0
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2answers
3k views

Would a police do anything if someone is provoking a fight?

I'm not looking for legal advice from a lawyer. I'm living in a shared house with a bunch of young people and one is trying to provoke a fight with me. After getting in my face and trying to ...
0
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2answers
3k views

Collection agency trying to collect on parking ticket? (Is this advice accurate?)

I got a ticket from a private parking enforcement company for leaving the lot when I did not leave the lot (the ticket even specifies the place I theoretically went to). I've been trying to fight it ...
9
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3answers
1k views

Is there one body of common law?

I'm a bit confused by the usage of the phrase "common law" on this site. The Wikipedia article initially describes it as an abstract concept. The first paragraph reads: Common law (also known as ...
7
votes
2answers
26k views

Can you drive without licence plates all across America?

There was a well-known controversy about the late Steve Jobs, who never had any number plates affixed to his AMG, supposedly still being in full compliance with California law, by supposedly leasing a ...
4
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1answer
1k views

Why can security guards/bar bouncers physically remove a person and it's not considered battery?

This is a follow up to this question about when someone can use force on another person. Are security guards or bouncers, such as at a concert or night club, given special privileges since they work ...
3
votes
1answer
220 views

Outside of regular self defence, when is fighting legal?

I know this is a weird question. I'm curious as to what counts as assault, in the sense a person would be likely found guilty of it in court. Generally assault is considered fighting someone who did ...
1
vote
2answers
278 views

Is it legal to enter a shared room you haven't been given permission to in a shared home?

In a shared house (one with roommates) is it breaking the law if one enters the bedroom another without his permission? What if the door is closed? This is not taking any lease into consideration.
9
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2answers
5k views

In USA, does private property go right up to the international border?

I was out hunting with a friend yesterday, and the land we were on borders Montana. We were keeping on the North side of the barb-wire fence we assumed was the border, but then we found one of the ...
9
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1answer
777 views

Is it legal to download movies in Canada?

For years Canada has been known as a Pirates safe haven, but copyright in Canada has been going under huge reform for the past few years, and it's been hard to keep up with all the changes. With the ...
8
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2answers
1k views

Why are “no pet” clauses allowed in leases?

Why are "no pet" clauses legal in the US but not in Toronto? At least according to this site, in Toronto you can't disallow pets. I started thinking of it and its actually a little absurd. Trying ...
7
votes
2answers
485 views

Stealing or obtaining ownership by fraud?

Scenario: John Doe goes to a car dealership and arranges to buy a car. He pays with a personal check, and the dealership accepts payment and signs over ownership to Mr. Doe. Mr. Doe goes a few ...
7
votes
1answer
573 views

If a tenant moves in without a signed lease, must the landlord go through the eviction process to remove them?

I know some landlords don't require tenants to sign anything (no lease). So what is the minimum necessary for a tenant not to be charged with breaking and entering (or unlawfully living in the home) ...
6
votes
2answers
315 views

What types of “discrimination” are illegal?

I once took a psychology course where the professor pointed out that the word "discrimination" can be more broad than the way it is generally used. For example, it can be considered discrimination ...
5
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1answer
1k views

Window Tinting rules and laws in visiting jurisdictions

If someone has a car registered, licensed and insured in a given U.S. state, and intends to travel across state and province lines, are they supposed to make sure that they're in compliance with the ...
5
votes
2answers
358 views

Why is the Queen of Canada known as Elizabeth II?

The regnal numbers of the monarchy of the United Kingdom are combined from the regnal numbers of the separate kingdoms of England and Scotland. Hence, as there was a previous Queen Elizabeth in ...
5
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3answers
3k views

Sexting and age

This question is about sexting (a person sending a sexually explicit image of themself to a recipient by electronic means). When can the recipient get in trouble with the law if the person sending ...
4
votes
1answer
883 views

Is it legal to record a business call in Canada?

I am using a ZenPhone2 which I set to record all calls. I had a call with a sales person about a service I was interested in (i was the one that answered the call). This service offered was not what ...
3
votes
3answers
435 views

How can one prove they rented a house with no receipts/contract?

Where I live the law doesn't require a renter to fill out a contract. If a renter paid the damage deposit, and rent, and upon leaving the landlord refuses to return the damage deposit, how can the ...
2
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0answers
597 views

Financial responsibilities for Custodian of (minor) international student

hoping this question is in scope here. Ok, first some background. Canada, Ontario. Toronto area if it matters. My wife and I have decided to act as a Homestay guardian/custodian for an ...
2
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1answer
191 views

Is it legal to publish a review of a travel service without letting the service know?

Say I review things for people to read, such as on a website or blog. Is it safe to say it's legal if my intention is, say, book a flight to Phoenix with some pre-conceived intention of critiquing the ...
2
votes
2answers
57 views

What to expect when getting (free) legal aid?

I want to sue my old landlord. The amount wouldn't be too much so I could do it in small claims court. I had searched the internet and found some free legal advice from the Legal Service Society. I ...
2
votes
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 ...
2
votes
1answer
121 views

I don't have a lease and my landlord is threatening to kick me out immediately

This is embarrassing and I realize I should have done things differently. I live in a shared home and pay rent to the lease holder. He doesn't want me to live here anymore and has given me a few days ...
2
votes
1answer
673 views

Is it trespassing if you unlock a door to which you found the key?

I'm not looking for legal advice. I live in a shared house. Each bedroom has a lock on the door. I keep finding keys in communal areas, for example keys in the bottom of a cupboards. The keys look ...
2
votes
5answers
4k views

Right of way between U-turning and Right-turning vehicles at traffic lights

At a traffic light controlled intersection, who has right of way between a U-turning vehicle and a right-turning vehicle? Consider the following cases, assuming no other applicable signage: Case 1 - ...
2
votes
1answer
139 views

Is sharing onlnie a video with copyrighted song in background illegal?

I am helping a friend make a Facebook page. I am one of the admins. The page is for her clothing modeling. She had me upload a video of her walking down a run way modeling, but Facebook notified me it ...
1
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1answer
47 views

What is the meaning of this condition for who the act applies to?

In the BC residential tenancy act, it states This Act does not apply to... living accommodation in which the tenant shares bathroom or kitchen facilities with the owner of that accommodation ...
1
vote
2answers
2k views

Can physical force be used to protect your property?

When can physical force be used outside of personal self defense? If you see someone repeatedly kicking your car can you chase him away? Say someone is at your door step and pushes past you inside, ...
0
votes
1answer
197 views

Is it legal to film yourself putting something in a mail slot? [duplicate]

I need to serve someone papers, and I need to be able to prove that I served them. It is an acceptable method to drop them off at their homes mail box, but then if contested I wouldn't be able to ...
0
votes
2answers
251 views

When do the police get involved and when do they have power to resolve a (non-violent) situation?

I had moved out of shared house with roommates and now live in another shared house with other roommates. Today a police officer came to the door asking to speak to me. The conversation started off ...
0
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3answers
161 views

Can I take actions to mitigate an anticipated breach of contract and then sue to recover their costs

Disclaimer: I’m not looking for legal advice. I’m in a month to month lease. I checked, and where I live the landlord cannot end a month to month lease without going through the full eviction process ...
0
votes
1answer
119 views

Do I have to notify the other party of changes I made to the contract before signing it?

Short version: I have received a final release form for a vehicle write-off payment from an insurance company and need to sign it and send it back. It's just a pdf form with my name and such filled in,...
0
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2answers
266 views

To what extent is the Magna Carta considered constitutional today in Canada?

I was reading the Wikipedia article on the Canadian Constitution, when I came across this statement (emphasis mine): Enactment of the Charter of Rights and Freedoms has also fundamentally changed ...
0
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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 ...
0
votes
1answer
103 views

Indepdendent/Contractor vs Regular Employee

I was about to ask another question but think I should start at the basics. What exactly does it mean to be working as a contractor? Many jobs require you to sign some contract (e.g. non disclosure ...