Questions tagged [canada]

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

84 questions with no upvoted or accepted answers
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180 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
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1answer
1k views

Fired for refusing overtime? (Canadian Engineer)

So I'm in a bit of a tricky situation right now, and would like some advice. Here is the relevant background information: I am a salaried employee (engineer in training) based in Ontario, Canada. ...
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246 views

Which clauses of the Magna Carta are still in force in Canada?

In an answer to another question, it is mentioned that the Magna Carta has legal force in Canada but does not have constitutional status, and can therefore be modified by subsequent legislation. ...
4
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0answers
61 views

Bitcoin service regulations

Most governments don't consider Bitcoin to be currency, so it's somewhat of a legal gray zone regarding regulation. I know most exchanges must follow KYC/AML systems because they trade with fiat too, ...
4
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0answers
81 views

Landlord's obligations during prolonged repairs

My landlord has determined that my building's balconies are in critical need of repair. They have blocked off access to all balconies, and are performing the (extremely noisy) repairs. Repairs are ...
4
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0answers
162 views

Quebec language law and "French First" requirement

Suppose I am developing an application for company A which will be used by A's employees worldwide. A has offices in Quebec, Canada. I am aware that local laws exist in Quebec which protect workers ...
3
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2answers
199 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 $...
3
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0answers
59 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 ...
3
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0answers
126 views

Is it illegal to say the police won't help?

This is a silly question but is it illegal to threaten someone that the police would not come if they were called? My ex-landlord threatened to remove my belongings. I said I would have to call the ...
3
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0answers
102 views

Am I allowed to gift alcohol to an adult as a minor?

I am thinking about gifting alcohol to my boss as a parting gift. Does any law in Canada prohibit me from doing so?
3
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0answers
79 views

If work must be paid in Canada, when/how is volunteer work allowed?

This is a bit of a follow up to Is it legal to work without pay - Canada? When is it legal to do something and not get paid (in Canada)? Where I live volunteer work is common (ranging from helping at ...
3
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0answers
40 views

Can I allow use of a property while limiting exposure to liability?

I own a semi-rural property in Canada which I use as a seasonal residence; it's unoccupied for long periods. People in the surrounding community are accustomed to traversing the property ...
3
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0answers
76 views

To what extent can a spouse assist in a legal case?

My spouse has been named in a statement of offence by a municipal court. If found guilty, the charge would result in a fine that would ultimately affect us both. I was, in fact, witness to the event (...
3
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100 views

Qualifications or exceptions to a requirement to report to a port of entry

Wikipedia's article titled Canada–United States border says this: It is illegal to cross the border outside border controls. Everyone crossing the border must be checked. There appear to be some ...
3
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0answers
77 views

How much to sue for something intangible not being met

In BC there is a right to Quiet Enjoyment which is at least partly the responsibility of the landlord. If a tenant was forced to move out due to Quiet Enjoyment not being fulfilled, how much would ...
3
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0answers
30 views

Specific law/regulation about annual report and other shareholder information disclosure in Canada

As I understand it, when you hold shares of a publicly traded company (or ETF) via a broker, the broker is obligated to forward you the relevant investor information from the company (e.g. annual ...
3
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1answer
759 views

In a rental, can a landlord remove a person from the lease and return their deposit?

In a rental home, the landlord had everyone sign the same lease agreement. Out of the original 5 tenants, one assigned their room and was returned their damage deposit from the landlord. Another ...
2
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0answers
17 views

Can a civil action started under Ontario's Simplified Procedure be moved to Small Claims Court?

Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for ...
2
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0answers
70 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 ...
2
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0answers
56 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 ...
2
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0answers
48 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 ...
2
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0answers
58 views

When can employer change pay (increase or decrease)?

Question Can an employer decrease an employee's pay whenever they want (unless otherwise agreed to in a contract)? Out of curiosity can an employer increase pay at any time? Does it make a difference ...
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0answers
307 views

What does the phrase "...is well founded in fact and in law" mean?

I have a basic question that stems purely from curiosity. It might be important to mention that I am not a lawyer nor a student of law. I have read multiple pleadings in which some of them end with a ...
2
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0answers
64 views

What is the status of using mens rea as a defense in this manner in Canada or similar jurisdictions?

In Canadian man found not guilty of raping wife, the prosecution of a rapist in Ontario, Canada failed due to mens rea because it wasn't proved that the man knew his behaviour was illegal. Not because ...
2
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0answers
201 views

Tort of civil conspiracy

In Canada, the tort of civil unlawful conspiracy is laid out as follows: Two or more people acted in concert, by agreement, or with a common design or intention; The co-conspirators engaged in ...
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0answers
623 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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0answers
110 views

Is a customer responsible for invalid transcations caused by using machines that fail to discern valid from invalid forms of payment?

Canadian law question here. I was recently accused of using a fraudulent credit card to pay for a parking permit. I used a debit card at the machine to pay, not seeing the small sign on the machine ...
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0answers
329 views

Can Canadians who are professional actors come to the U.S. for pleasure (non-work)?

My friend is a Canadian actress (who I also represent) and she was just wondering if it's possible that she can come to the U.S. like any other Canadian might for "pleasure" or the usual 6-month stay ...
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0answers
112 views

What is my liability for third-party content I host?

I live in Canada, but my servers are hosted by a third party in the United States. I run a forum-type website, so most content is provided by users. Do I have any liability for illegal content that ...
2
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1answer
173 views

There was a bomb threat at my building and they didn't tell us about it and forced us to stay where we were

I had worked for the federal government in a building they owned. On a couple occasions all the doors leading to different floors where closed and locked. We were told to stay in our offices. I latter ...
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30 views

How does vacation pay affect severance pay?

To my understanding the relevant legislation is the https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/termination/quit-fired#getting-fired If I ...
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0answers
22 views

can I sign an unlimited contract with a company in Vancouver, BC,and continue working remotely for a foreign firm as a contractor?

I'm an Indian national working in NZ as a contractor at the moment. I've been offered an "unlimited contract" by a Vancouver, BC, Canada based firm which I've signed. The work permit is on ...
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0answers
36 views

Can the buyer's salesperson receive commission directly from a private seller?

Imagine a private seller wants to save money by not hiring an agent, but is willing to pay some amount to a potential buyer's agent to seal the deal. In the described situation can the buyer's ...
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0answers
21 views

Product use documentation and company customer service info conflict, which info is the company liable for?

In Canada (Ontario) a customer buys a product manufactured by company A. One of the components of the product is produced by a third party (company B) and has a label stating the limitations of this ...
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36 views

What steps must an employer take to keep health information confidential?

I asked this on workplace but perhaps it's a better fit here. With my job we are required to get COVID testing frequently. They normally hire different labs to do the testing so each time there's some ...
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0answers
41 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
76 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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0answers
112 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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0answers
72 views

Employer Terminated employee during covid-19 crises

From the past six months, I was working for a tech company as an Independent Contractor in the province of Ontario. The contract states that "At the end of the ninety-day probationary period, the ...
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0answers
32 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. ...
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0answers
61 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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0answers
12 views

Assets, acquisitions, and creditors

Been doing a lot of research in a few separate fields of law, and I'm trying to understand how the peices combine in the following presenting what legal tools to solve the matter. Scenario: If a ...
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0answers
16 views

Filing a lien if a client is unable to pay

Is it possible to file a lien on the work done as part of the contract if the client is unable to pay for it. For example, if a contractor writes software for a client, and the client makes no ...
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0answers
17 views

Are the husbands HST arrears for his business considered part of the marital assets etc.?

In Canada are the Husbands business HST arrears considered part of marital property? Is the wife expected to take on half of this?
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0answers
263 views

Can I obtain British/Swedish citizenship via grandparents?

Grandfather was Swedish, grandmother was British. They moved to Canada and got married in Canada and had my Dad. They divorced and grandmother moved back to UK. Unfortunately my own deceased parents ...
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0answers
31 views

Do I have to pay taxes on external savings?

I am thinking about moving to Canada to work, save for retirement, and move back to Portugal for retirement because of the lower cost of living. I will contribute to the Canada Pension Plan and also ...
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0answers
27 views

Legal Repercussions of Custodianship

In relation to this question - Financial responsibilities for Custodian of (minor) international student, I am in a situation where my wife has a good friend who runs a business. My understanding of ...
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0answers
264 views

Labour law on meal breaks in Ontario

This is for Ontario Canada, post-2019. I want to know exactly what the law is for breaks in Ontario. I understand that you are entitled to a half hour break for every 5 hours of work. (or two breaks ...
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0answers
19 views

What is a Formal Patent Search of Classification in Canadian patent law?

I am seeking to start patenting something, and have reached out to an organization that claims to be able to help with the patenting process. They want to do something they call a Formal Patent ...
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0answers
19 views

How to get a court order for deceased relatives birth certificate?

What's the process for getting a court order in Canada for a deceased relatives birth certificate? There is no will or executor of the will and the birth certificate is for genealogy purposes.