Questions tagged [canada]

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

75 questions with no upvoted or accepted answers
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687 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. ...
4
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144 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. ...
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142 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 ...
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46 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
108 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 ...
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73 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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67 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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37 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
73 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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93 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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36 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, ...
3
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72 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 ...
3
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0answers
134 views

Lease switches to month-to-month after a certain date, how can landlord end tenancy?

This is the lease I'm using for an example. If the landlord checked that it's for a fixed time and then checked at the end it switches to month to month, what must the landlord go through if they want ...
3
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72 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 ...
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28 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 ...
2
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61 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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50 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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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
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40 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
38 views

When is it ilegal to carry opened alcohol in public?

I heard it's technically illegal to have an alcoholic beverage that is not in the same state it was sold in, in public. Does this mean if a single can of beer is missing from a six pack it is illegal?...
2
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1answer
90 views

What is the minimum time an employer must give before cancelling work?

I do sporadic work for a company. I had a shift scheduled for over a month. I messaged my manager the day before asking if there's anything else I needed to know. She told me the shift was cancelled. ...
2
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0answers
51 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 ...
2
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1answer
188 views

Does a cash-less place have to accept cash if other payment option failed?

I had it happen to me a few times that my credit card was blocked or deactivated by the bank without letting me know, and I only that found out while trying to pay. To counter that I always carry some ...
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111 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 ...
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84 views

Can older parts of Canada's constitution be found unconstitutional?

Canada's constitution is not a single document, but many documents passed over time. Is there existing case law as to whether parts of an older constitutional document can be found unconstitutional ...
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0answers
174 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
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 ...
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107 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
63 views

When is the right to retain or return a damge deposit “extinguished”?

I realize this is just for research and I'm not looking for specific advice. I had a dispute resolution hearing with my landlord where he tried to claim damages that my damage deposit could be used to ...
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0answers
269 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 ...
2
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0answers
102 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
159 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 ...
2
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1answer
582 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 ...
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1answer
142 views

Can you sue a person for time spent taking them to court?

I know legal proceedings can be time consuming and stressful. Can a plaintiff sue the defendant for the time and energy involved? Would they need to show something, for example taking time off work to ...
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56 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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10 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
13 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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16 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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25 views

What kind of contract should one have when living in home shared with lease holder?

Where I live the following setup is becoming increasingly popular: Someone signs a lease with the homeowner. There are several bedrooms available in the home. The leaseholder has roommates live with ...
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0answers
58 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
37 views

Criminal case or civil case?

When my ex and I split up I had to leave my Ebike behind because my vehicle was full. While leaving I told my ex-partner I would return in three days to pick up the rest of my things. Three days later,...
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29 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
21 views

How long can a rental office take to process my application (while holding my deposit)

I applied to rent an apartment in Ontario, Canada, and as part of the application package I was required to give a deposit of 2 months rent (by cheque). However, it has been 7 working days, and I have ...
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26 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
168 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
16 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
16 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.
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91 views

Signed a leased for one room, never moved in. What are my rights?

I'm in a rather unpleasant situation. I've rushed into signing a lease for one room for July 1st on June 30 for one year. Three days later I informed the landlord I will not occupy the room and asked ...
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103 views

Self defence with an illegal weapon

First off I’d like to say this is just a hypothetical question that I thought of today. This following scenario is to be taking place in Canada. Let’s say a guy is at his house on his private ...
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56 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 ...