Questions tagged [canada]

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

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18 views

White Collar Financial Crime Storyline Wanted [closed]

I am writing a novel and I'm looking for some suggestions from people who know the law (I know very little!). The novel is set in Vancouver, BC (Canada). The protagonist in the story is a partner in a ...
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20 views

Must an employer give some kind of documentation for income tax?

When must an employer issue a T4, T4A or some kind of document to a person they paid for their work? Does it make a difference if the person was an independent contractor or employee? Why do some ...
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1answer
75 views

Is work able to force me to install software on personal equipment?

Due to the corona-virus around the world, like so many others I am working from home as possible. Work has just decided that because of this, we should be using Mircosoft Teams to help us all ...
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2answers
5k views

Can my accountant bill me for previous work he agreed to perform for free?

Context I can provide more context to the story (question), but I also want to keep it short. I have been paying my accountant for helping with my corporate taxes for the last 4 years in Toronto. I ...
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6 views

How long can I be out of the US on a TN (Traveller NAFTA) visa? [migrated]

Due to the spread of the coronavirus my organization is recommending (essentially mandating) that all employees work from home (WFH) until further notice. I was planning on traveling to Canada from ...
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72 views

charged with assault, charter right sec 10(b) violated

This is in Canada. Police laid an assault charge against me after my wife called 911 during our quarrel, she was in baby blue. While in the police station, the officer prepare some paperwork for me ...
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26 views

Can I use audio containing Canadian ATC/broadcast radio transmissions in a YouTube video?

This question was originally posted here, without consensus I often record my flight training without audio and post some of it to YouTube. I would like to add in audio recording of what I hear and ...
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62 views

Can I photograph or get photocopied my medical chart right after my consult, to prevent doctor falsify record?

I don't want Dr. or hospital falsify records. Best prevention — copy physical copy of chart RIGHT AFTER consult. Then doctor has no time or chance falsify! Second best — photograph chart with ...
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2answers
2k views

Can a person be fired for not agreeing to a contract at work?

I have seen contracts (relating to employment) which contain terms like "by accepting this position you agree to sign an NDA that you will be provided on your first day of work". To my understanding ...
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1answer
107 views

Can I sue breaching party if I got lucky and avoided damage?

My ex-landlord stole some of my furniture. In a settlement he agreed to return it. When I went to pick it up it was not there. A friend of mine let me borrow their truck for free (they came too). Can ...
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1answer
48 views

Contract Conflict

My new contract states that "Effective... you will begin accruing vacation time at a rate of 6% of your annual earnings. This is equivalent to three weeks (120 hours) of paid vacation entitlement on ...
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1answer
75 views

If a customer doesn't have money on them, is there way to put down their information so that they pay later for what they took?

I want to sell articles of clothing but it is possible that the individual doesn't have money on them. Can I put down their information and have them sign to where they can walk away with the article ...
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1answer
72 views

What does “materially different” mean?

My father is an artist who is considering building a sculpture for an organization. as part of the contract he is prohibited from making copies of the sculpture in the future, or any works that are ...
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1answer
82 views

Is copying an infringing derivative an infringement against the original work's author when copying the original would generally be legal?

Suppose someone creates an unauthorized music video to accompany a popular song, thus making an infringing derivative (assuming fair dealing or other exceptions don't apply in this case). This ...
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2answers
64 views

Manuscript transcription -

I was given a 250-year-old anonymous Italian manuscript to work on by its owner some time ago. I did research on it and transcribed it. I provided the owner with the transcription and the result of ...
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1answer
87 views

Is something considered stolen if it possibly could have been lost?

I had lived in a rental house where the landlord had the notion he could "immediately evict someone" if he felt like it. I installed a security camera. I have a video of the landlord and a couple ...
2
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1answer
72 views

Self defense after provocation on the part of the defender

A friend of mine in university wants to ensure he can defend himself legally. In a library a group of individuals were talking enough to annoy him and as the library has explicit no talking policy he ...
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2answers
171 views

For amateur recordings, who owns the video? The camera man or performer?

I would like to make a video where I teach something. My friend has a video camera and is willing to record me. Who would own the video? I ask because I plan on uploading it to some sort of streaming ...
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1answer
51 views

Canadian Lawyer Ethics

In Canada/Ontario, lawyers are bound by the Law Society of Upper Canada. Is there some specific statute/law/code that one can cite that prevents lawyers from harassing clients of the other party in ...
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2answers
111 views

Can a prospective employer require you to pay to take a test as part of an interview?

I just red this question about having to pay to take a test for an interview. Is it legal? Must an employer reimburse? In general this site says an employer can't charge you a fee to start work.
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1answer
90 views

Reasonable Accommodation confusion

I was looking at the following case study, and was not sure if it fell under the category of "Reasonable Accommodation" which is what I was thinking of how it could be approached: "An amusement park ...
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1answer
47 views

What to do when a company charges a credit card on authorized payments that go against regulations, though terms and conditions were agreed on?

In Quebec, a company is not allowed to automatically charge after a free trial period (see section 230c of the consumer protection act), they have to cancel the subscription, then they can ask if the ...
3
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1answer
108 views

Can my landlord force me to sign an agreement whereby I'd have to pay their legal fees?

Canada, Ontario: My landlord included this item in the additional terms for a lease they want me to sign: Tenants agree to pay all reasonable costs, Lawyer’s fees and expenses made or ...
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46 views

Advantages and disadvantages to claiming Canadian citizenship

I'm considering looking into whether I can claim Canadian citizenship because my father was born in Manitoba. (I was born in North Dakota, not very far from Manitoba.) What would be the advantages ...
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1answer
77 views

Can Canadian judges set aside a jury's verdict of acquittal?

Not long ago I learned that the Crown can appeal from verdicts of acquittal in Canada, unlike prosecutors in the U.S. I once thought that the reason why U.S. judges cannot set aside a jury's verdict ...
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1answer
62 views

Rental agreement - Ending the tenancy clause

I live in Vancouver and rented a room in a shared house from the person who has the lease. I did not have to deal with the house owner ever. The person who has the lease pulled up this agreement ...
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3answers
146 views

Is it legal to pay a contractor cash?

I know that some businesses accept cash in exchange for services and never declare that income (tax evasion). I understand that it is illegal for businesses to do so. But what about the other end of ...
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1answer
47 views

Consequences of Article VI, Clause 1 of the U.S. Constitution and the 11th Article of Confederation

Article VI, Clause 1 of the Constitution of the United States, known as the Engagements Clause, says: All Debts contracted and Engagements entered into, before the Adoption of this Constitution, ...
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2answers
49 views

Can I use the real company name of an employer in my autobiography?

I live in Canada and I am intending to write my autobiography. I am wondering if I can use the name of companies I worked for and describe negative experiences that happened in the workplace without ...
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0answers
8 views

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 ...
2
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1answer
97 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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37 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 ...
2
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1answer
31 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
28 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
75 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 ...
2
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1answer
85 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
26 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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1answer
62 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
37 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
82 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
126 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
82 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
47 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
63 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
51 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
97 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
79 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
59 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
60 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
55 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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