Questions tagged [canada]

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

Filter by
Sorted by
Tagged with
7
votes
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 ...
1
vote
1answer
157 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 ...
6
votes
1answer
4k 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 ...
5
votes
3answers
4k 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
4answers
21k views

Is it illegal to repair vehicles in Ontario without a mechanic's license?

I have a business license from the province of Ontario and an HST number so that I can file my taxes. I have an accountant who handles all of my taxes, so I don't think I will have any issues there. ...
3
votes
3answers
7k 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
594 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 ...
3
votes
1answer
688 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-...
1
vote
2answers
114 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 ...
4
votes
1answer
814 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
184 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 ...
3
votes
1answer
190 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
2answers
528 views

When can a citizens arrest be made and how much force can be used?

My understanding of a citizen’s arrest that it's when is a person detains another person who is caught committing a crime until police arrive. If the person tries to leave how much force can the ...
2
votes
1answer
1k 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 ...
2
votes
1answer
50 views

Can the manager of a commercial establishment forbid someone to enter?

Suppose that the manager uses as an argument something as vague as "I didn't like what you did here last week" and does not cite any law nor policy.
2
votes
1answer
102 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 ...
1
vote
2answers
149 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 ...
0
votes
2answers
6k 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
votes
1answer
120 views

If a company never invoices me, am I obligated to do anything?

I hired a driving school to help me get my driver's license. My test was cancelled due to COVID and my last lesson was about a week before the test. The driving school and testing facility are two ...
4
votes
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 ...
21
votes
2answers
1k views

Is downloading copyrighted music for private use legal in Canada?

In 2003, the Copyright Board of Canada released this opinion. They held that downloading a music file for private use was okay, no matter the source: There is no requirement in Part VIII that ...
9
votes
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 ...
8
votes
2answers
30k 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 ...
5
votes
1answer
3k 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 ...
5
votes
1answer
420 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 ...
5
votes
1answer
678 views

Could the Holocaust legally happen in modern day Canada?

I was thinking about the notwithstanding clause of the Canadian Charter of Rights and Freedoms and it seems that it has the disturbing implication that allows arbitrarily bad abuses of government ...
2
votes
3answers
189 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
51 views

In Ontario, does it matter which municipality issues the marriage license?

The Ontario government web page tells you how to go to City Hall or a Municipal Office and get a marriage license. However, it doesn't say you can go to whatever municipality you feel like, nor does ...
1
vote
2answers
2k 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
votes
5answers
9k views

Can FedEx bill the recipient of a package for a "Clearance Entry Fee", without consent?

Some time ago, I received an unsolicited birthday gift from a relative as an international package via FedEx (USA to Canada). Then, several days later, FedEx mailed me an invoice for a "Clearance ...
9
votes
2answers
6k 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
votes
4answers
383 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 ...
9
votes
1answer
831 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
votes
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
1answer
793 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) ...
7
votes
2answers
408 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 ...
6
votes
0answers
176 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. ...
5
votes
2answers
557 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
votes
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 ...
4
votes
3answers
863 views

Am I required to return a package that was sent to me in error?

tl;dr: Do I have to return a package that was sent to me that I've already been refunded for? Background: In early October, I pre-ordered the Microsoft Band 2; a fitness monitor. It wasn't scheduled ...
4
votes
1answer
928 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
138 views

Can reading a something mean agree to to a contract?

I understand that a contract can be created by the actions undertook by the involved parties. When you visit a website you agree to the ToS by using the website (regardless if you read it or not). ...
3
votes
3answers
494 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 ...
3
votes
1answer
225 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 ...
3
votes
5answers
6k 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 - ...
3
votes
1answer
231 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
1answer
68 views

What distinguishes civil offenses from theft of services?

According to the Q&A information at Why is stealing from an employer a criminal act when stealing from an employee is a civil act?, an employer declining to give an employee a paycheck is a civil ...
2
votes
1answer
1k 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
1answer
79 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 ...
2
votes
1answer
162 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 ...