Questions tagged [canada]

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

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9 views

Canadian PR on Humanitarian and Compassionate grounds

Is it necessary for a person to have lived in Canada, have a job offer, have significant ties etc.. to apply for Canada's Humanitarian visa for Humanitarian and Compassionate circumstances? The ...
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3answers
34 views

Is it legal to demand a user agree to an EULA after the product has already been purchased?

First I'd like to note that I'm primarely interested in Canadian law, but answers about the law in other countries is fine as well. I've encountered this situation on multiple occasions, such as when ...
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1answer
44 views

Sharing ad revenue [closed]

My friend and I own a website which hosts fan-created content for a video game (character skins, etc.), and make around 800$/month in ad revenue, which we're splitting 50/50. To thank the people ...
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1answer
156 views

Dual U.S./canadian citizen living in Canada who has never resided in the U.S. can vote or not?

I am a Dual U.S./canadian citizen living in Canada who has never resided in the U.S. but my deceased mother lived and was born in Michigan and i was told i could register to vote but all Michigan ...
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1answer
30 views

Do countries that are not in the Berne Convention enjoy the benefits it provides?

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, ...
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1answer
32 views

Is informal written consent in the form of text-messages/email legally binding?

For the purpose of this question, let us assume the contract is for common goods and services. Lets say I meet a Plumber over some online marketplace (e.g. Facebook, Craigslist, etc) and he writes ...
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1answer
73 views

What happens to confidentiality agreements after company dissolves?

I worked as a consultant for a company that dissolved. I signed a confidentiality agreement that ended with "This Section shall survive termination of this Agreement." Out of curiosity am I ...
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2answers
89 views

United States citizen crosses Canadian border and murders someone. Who prosecutes the killer?

Would like this question answered, as I have the scenario in the book I am currently writing. Would like to ensure I am providing my readers probable outcome for the killer. A United States citizen ...
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1answer
25 views

Canada Sponsorship Processing time

Currently, the processing time for Parent and Grandparent sponsorship programme is 20-24 months. But how does that make sense when Canada has a first-come, first-served basis system? I mean, every ...
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1answer
23 views

Regarding Canada Sponsor eligibility for Parents and Grandparents

Under the Canadian Parents and Grandparents sponsorship program, one of the eligibility requirements for the sponsor is that "they must be earning above a certain threshold salary for 3 tax years ...
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16 views

Can Meng still be charged of fraud for not disclosing that Huawei owned part of Skycom?

Yet Meng’s legal team has now shown that the documentation submitted by the US to the High Court of British Columbia was incomplete. Other parts of the same document, not included in the US government’...
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2answers
57 views

Is an individual's claim to self-defense impacted by whether or not they used a tool/weapon?

Consider the following hypothetical scenario: A robber breaks into a person's apartment. They had initially expected the individual to be at work, and thus the apartment empty. But unfortunately, the ...
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45 views

Bait and switch selling

I purchased an 11-piece cabinet at a ridiculously low price and the order was confirmed by the corporate retailer. Few days after reviewing my order they have swapped out the item for a different item....
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30 views

Does Canada allow the use of copyrighted materials for self study?

I was reading into the Canadian copyright law and it says that: 29: Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright does this allow ...
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1answer
35 views

I have settled the claim. To what extent can I recover the settlement costs based on an indemnity clause?

In Canada, to what extent can I recover the settlement costs from a third party, based on that third party's indemnity clause that indemnifies me. For instance, would a court say that I can settle but ...
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1answer
32 views

How to find status of criminal prosecution (Alberta, Canada)

Calgary men charged after 864 investors lose $33M in Crowsnest Pass development Jun 10, 2016 I can't find any further news about this. I tried contacting CBC but got no reply. (Not to be confused with ...
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1answer
60 views

If landlord doesn't return damage deposit, must you remind him before starting a case?

Where I live if a landlord doesn't return a damage deposit, the tenant can go after him for double the value. From a pragmatic view, must/should the tenant warn the landlord before the 15 days are up? ...
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1answer
40 views

Do I need to pay duties when bringing items into country for storage?

I have a very interesting situation. I have a whole bunch of product cartons at Amazon warehouses in US right now. They were imported from China and duties were paid upon importing to US. I am not ...
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61 views

My friend lives in an assisted living building and staff are not allowing visitors for him as a punishment. Is it legal?

This is a strange question. I have a friend who lives in an assisted living facility. Most people in it have some sort of mental health problem and need medication. On a number of occasions the staff ...
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1answer
25 views

Canada's Trademark Act

I am considering applying for a trademark. The trademark I would like to register is the product name of a product that I am importing and selling. The name is an invented word (e.g. something to the ...
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1answer
56 views

Can a confidentiality agreement require you to not say who your client was?

Does the following Confidentiality Agreement mean the Consultant cannot say who the Client who he was doing the work for was? For example if Bob was hired by Staffing Agency to work at McDonald's, ...
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2answers
99 views

If the same content is created by more than one person without copying do all authors have copyright, or just the first author?

In Canada, if $person_a creates a copyrightable work, and then later $person_b creates (without copying $person_a's work) the same work, do both $person_a and $person_b have copyright, or does only $...
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1answer
46 views

Can someone be forbidden to use a public service without the specification of an offence?

I believe the manager of a private service can arbitrarily decide not to serve someone. But what about a public service, like a public health clinic?
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22 views

Does the Right to be Informed of Charges apply out of the legal system?

Section 11(a) of the Canadian Charter of Rights and Freedoms states that "Any person charged with an offence has the right to be informed without unreasonable delay of the specific offence." Clearly, ...
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1answer
58 views

In a public university, can the head of department forbid a specific student to enter the department without stating a law or policy?

There are two situations to consider: In the first situation, the student has not done anything wrong. If it was a private establishment, as in Can the manager of a commercial establishment forbid ...
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46 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.
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58 views

To what extent can someone be punished by a public institution without a rule or law being clearly stated?

Say a patient does something the director of the hospital thinks is inappropriate. Or say it is a student and a school instead of a patient and a hospital. The important point is that a "user" of a "...
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1answer
40 views

When is it legal to record someone who is not intending to be recorded?

In Canada if you're a party to a conversation you're allowed to record it without other's knowledge. What if you're not a party but someone is talking very loudly? For example you want to file a noise ...
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1answer
71 views

What happens in Canada if a divorce invalidates in Iran?

Thank you for reading this and your help. A man, let's say mr. X has divorced his wife (with some fraud) in Iran and move to Canada with a work permit. The woman, let's name her Ms. Y, has ...
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1answer
40 views

In BC residential tenancy is there no longer a fixed term lease where tenant must vacate at end?

To my understanding the new government changed laws so that when a fixed term tenancy comes to an end, it automatically is converted to a month-to-month tenancy. There is no longer the option to have ...
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1answer
50 views

Can you record someone who is speaking in a language you don't understand without their consent?

To my understanding Canada is a single party consent when it comes to recording a conversation i.e. if your a party, you can record it without the other parties knowledge. What if someone near you is ...
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2answers
104 views

Extradite or deport a criminal while there is no treaty between the two countries of Iran and Canada

Thank you for considering my question. There is a criminal who has been tried in court and proven guilty and received sentences for a series of crimes including threat to kill and withdrawing money ...
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1answer
76 views

How can I inquire about some one else's border crossing history in Canada?

Googling about accessing information about traveling and border crossing history in Canada, I could only find information about how can one, access the information about SELF history of border ...
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24 views

Canadian immigration: Admissibility process mystery

This is a question I've asked at various Q&A sites and forums to no avail. Of course I also asked my own consultant, and several other lawyers and advisors, but none had the answer. I don't have ...
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36 views

Am I allowed to point a web camera at a nearby business that continues to make noise to get evidence? [duplicate]

There is a bar across the alley from my home. Even when everything was closed for COVID-19 people would sit on the back deck and make a lot of noise until 4am. I've also noticed lots of trucks coming ...
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53 views

Are Hoverbikes Legal in Canada?

are hover bikes legal in Canada? A my design of a hover bike is completely electric and is meant to only hover 2-3 feet off the ground. Would you need any license to build and ride this? The hover ...
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33 views

Ongoing noise issues from business beside home

I live in a house behind a bar. There is an alley that separates the buildings. The bar rarely has guests inside, but from what I can tell the employees, owner and their friends hang out in the back a ...
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46 views

Can not paying a monthly fee because of a lack of balance of your reloadable visa card hurt your credit score and isn't there a law against that?

Can not paying a monthly fee because of a lack of balance of your reloadable visa card hurt your credit score and isn't there a law against that? That's what I was told after I bought a visa debit ...
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2answers
133 views

Can a contractor refuse to pay a subcontractor if he doesn't get paid?

Can a contractor refuse to pay a subcontractor until the contractor receives his payment from the company/client? Does it matter if it's in a written contract? Can the buck be passed like that? "...
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54 views

Can Someone Else's Patent Affect My Copyright?

In Canada, if I hold copyright on a program's code but not a patent on what it does, and someone else patents "what it does", how would this affect my copyright? Lets assume this person did not learn "...
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1answer
49 views

Do historical software revisions impact the licensing terms of the latest version of the software?

Hypothetical situation: Our organization developed closed-source commercial software that used open-source libraries whose terms only apply on redistribution. At some point, we decide to open-source ...
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1answer
61 views

Does entering Peace Arch Provincial Park count as physical presence in Canada?

With travel across the US-Canada border being highly restricted (even citizens/PRs need to quarantine for two weeks on arrival), many Canadian permanent residents living and working in the US near the ...
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45 views

The legality of fictional stories involving sex with minors in Canada?

What Canadian laws govern the writing and publication of fictional stories involving sex with minors?
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1answer
77 views

What happens if someone simply moves homes and stops responding to a lawsuit?

In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
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0answers
16 views

In Canada, is there a requirement of when a Money Services Business (MSB) and their client entity must enter into a service agreement?

I hope the question in the title lends itself to an answer. In case more clarification is required, please do not hesitate to comment below. Some background: In Canada, an MSB is required to verify ...
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2answers
382 views

Would killing a human by accident (without any premeditation or intent) be considered homicide or manslaughter?

My question is a hypothetical one. I was conducting some research into the differences between murder, homicide and manslaughter and I didn't understand the difference between homicide and ...
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74 views

My Girlfriend is Canadian and I'm American, we want marry, but she's not ready to live in th US

My girlfriend and I want to get married. She's Canadian but with the option of dual citizenship, she would live in Canada for a few more months until we have everything sorted in the United States, ...
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1answer
42 views

Is it legal to copy large amount of data peer to peer in Canada

Is it legal to transfer large amounts of encrypted data peer to peer in Canada? I transfer data from my friend PC in another country. The data is encrypted, so nobody can ever know which data it is. ...
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1answer
684 views

Are You Allowed to Buy Groceries While in Self Quarantine? [Canada]

Canadians returning to Canada must self-quarantine for 14 days upon arrival. Does this mean that these people must stay in their homes, and are not allowed to leave to buy groceries? The government ...
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1answer
109 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 ...

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