Questions tagged [canada]

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

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1answer
47 views

Why does Section 28 of the Canadian Charter of Rights and Freedoms prohibit sex discrimination redundantly?

In the Canadian Charter of Rights and Freedoms, Section 28 says: Rights guaranteed equally to both sexes 28 Notwithstanding anything in this Charter, the rights and freedoms referred to in it are ...
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1answer
54 views

If people challenge the decision of implementing an anti-vax tax, would the government have to wait before taxing people?

By threatening to implement a vaccine tax, Quebec is ostensibly trying to make vaccination against COVID-19 obligatory. Although such a measure would probably violate Canada’s Charter of Rights and ...
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1answer
57 views

Would an antivax tax violate the Canada Health Act?

Legault’s plan, however, is markedly different in that rather than simply limiting the activities of the unvaccinated it imposes a financial penalty on them no matter where they are or go in their ...
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2answers
261 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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2answers
540 views

Is calumny against the law in Ohio and in British Columbia, Canada?

Calumny is technically the act of a person falsely accusing another person of a crime. However, the common definition of calumny means the act of maliciously (i.e. with the intent to do harm) ...
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0answers
17 views

What rights do landlords in Ontario have regarding prompt delivery of Preliminary Notice for Annual General Meeting

I live in Toronto, Ontario. Our condo's AGM is to be held on February 10, 2022 this year, and the deadline for nominating directors and submitting questions is Jan 10, 2022. However, although the ...
4
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1answer
173 views

Why was no constitutional amendment needed to change the rules on succession to the Canadian throne?

In 2013 a statute altered the rules on succession to the throne in Canada. (Specifically, if a woman is the eldest child of the monarch then she inherits the throne upon the monarch's death even if ...
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1answer
136 views

How much can you pay yourself after receiving money from a Kickstarter fund?

How much can you pay yourself after receiving money from a Kickstarter fund? I am thinking you need to pay yourself for the labor, but I am not sure if there's a way to determine the appropriate money ...
2
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1answer
84 views

Can I get evicted from my apartment for a late payment in Canada?

Can I get evicted from my apartment for a late payment in Canada? I think I made a late payment and I received a letter from the Tribunal, because the landlord sent a tribunal request to have my lease ...
2
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1answer
76 views

From a practical perspective, what is the most reliable way to make a debtor pay?

It would seem the two options to "force" a person to pay are have a judge issue a wage garnishing order for one of their employers have a judge issue a wage garnishing order against one of ...
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1answer
31 views

USA Travel Restrictions after Withdraw of USA asylum application / Canadian PR application, Waiting For Asylum interview in USA

I am a Permanent Resident of Canada. Me and my girlfriend soon plan to marry in the USA. She has been waiting for her asylum interview in the USA, she already got her USA work permit and SSN. So here ...
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1answer
71 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
63 views

If Party X tells Party Y something untrue about Party Z, if Party Y repeats it is this defamation (if it's obviously false)?

I had a short term job that I was fired from. I was told that someone tripped and was injured on something I left laying around, which in fact I didn't do. As "proof" my manager showed me ...
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1answer
445 views

Can B1B2 Visitor Visa Holder marry a person who has been waiting for her asylum interview in USA but alredy got her work permit and SSN

I am a Permanent Resident of Canada (Indian Passport Holder) living in British Columbia. My girlfriend has been waiting for her asylum interview in USA (State: North Carolina) but she already got her ...
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1answer
6k views

Is it illegal to put a license plate from another province on the front of your vehicle in Alberta?

In Alberta you are only required to have one plate on the rear of your vehicle. However, many people will put a decorative plate on the front, just for fun, usually a flag, or a sports team, but you ...
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3answers
63 views

If a dispute arise between two parties, and a third party volunteers to mediate, are any agreements made to the mediator binding on the two parties?

For example Bob hires Fred to do a job. Bob does not believe Fred fulfilled his duty and refuses to pay. If Fred asks a friend of Bob to talk to Bob about it, and Fred agrees (to the mutual friend) to ...
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2answers
113 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
83 views

When a party is taken to court for defamation that already occurred, what is the request to the judge to do?

There was an incident where my employer claimed I did something (which I didn't do) that led to someone getting injured. They seemed to have investigated the issue internally but came to the wrong ...
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1answer
63 views

At a high level what are the differences in laws in Canada that make guns more restricted than in the US?

What laws make it so that guns are less used in Canada than certain US states? In both places a person is allowed to keep a gun with them in their home. Hypothetically they can use the gun in ...
0
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1answer
61 views

Do Judges in Nova Scotia small claims court take verbal communications seriously if there is a disagreement about its contents?

My question is trying to elucidate the weight a verbal discussion between home-owner and contractor would carry in small claims court in Nova Scotia, Canada. The context would be that the home owner ...
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2answers
45 views

If a party agrees to settle, can the plaintiff still be award legal fees?

Say party A owes party B money. It's a relatively simple case, such as party B did work but party A isn't paying them. Party B files an action in small claims and party A finally caves in and pays up. ...
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0answers
46 views

Does employer have a responsibility to keep employees (personal) contact information private?

I had done some short term work for a company. I noticed they have a Google Drive Document that anyone with the link can access. The document contains all employees personal email addresses, phone ...
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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 instigate ...
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3answers
214 views

Can your previous employer force you to help them with something?

I got an aggressive call from my former manager, and he wants me to tell them how to fix something. The problem is that I don't remember and I no longer work for them, so can he sue me for not helping ...
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1answer
38 views

When is an address considered an acceptable "address for service"?

Usually legal action against a person or business involves serving them with registered mail. What exactly is considered an acceptable address of service? I understand that if a legal proceeding has ...
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1answer
211 views

Isn't the distinction between trial judges' oral vs. written decision specious?

Source: Representing Yourself In Court (CAN): How to Win Your Case on Your Own (2015). p. 187 Top.      The judge (or jury) has made a decision, which was either: From the bench. This is ...
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5answers
99 views

Is citizenship a requirement to become a prosecutor/ judge in the US, the UK, Canada, Australia and New Zealand?

As I am currently pursuing a law degree in International and European law, I was looking at job opportunities in English-speaking countries. I know the basic (technical/ academic) requirements to ...
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1answer
98 views

What is the legal basis for the 8.5-litre personal exemption amount for the importation of beers into Canada?

The duty-free limit for residents returning to Canada is 1.5 L for wine only, 8.5 L for beer and ale only or 1.14 L for all alcoholic beverages. The relief provisions for wine and alcoholic beverages ...
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1answer
77 views

Is this Bait and Switch?

I have been a CRAVE TV subscriber for years. This morning I received my annual notice of renewal and noticed it went up a few dollars, no big deal. I shrugged and went to watch CRAVE on my SmartTV and ...
2
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1answer
51 views

What is the source for calling the panel in the JCPC 'the Board'?

For a long continuous line of case law, the panel deciding a case (or rendering advice to Her Majesty as to how to dispose of the case, technically) in the Judicial Committee of the Privy Council has ...
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1answer
112 views

Could there be legal action against me for non-payment of rent with no written contract? [closed]

I have occupied a room in freehold from a family for about 2 years now. There was never a lease. For the past 10 months I have not been living there (but at my girlfriend's place), I go there once a ...
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0answers
33 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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3answers
429 views

Do undercover/plainclothed police (ever?) wear bodycams? Or be required to be on CCTV?

Is it another question or part of asking this, but are undercover/plainclothed police (ever?) required to be on CCTV? Some of these people are very talkative, verbal, expressive, often cursing/...
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0answers
52 views

Does an employer have a legal responsibility to make to make clear at least who you directly report to?

I'm wondering if there is anything illegal about working in a work place where the chain of command is extremely unclear. Where I had worked the same parent company owned several retail and ...
3
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2answers
156 views

Can you get sued for talking badly about a co-worker at work?

Can you get sued for talking badly about a co-worker at work? If you talk to your CEO and mention that the tech lead he hired is terrible and doesn't know what he's talking about, can you get sued for ...
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0answers
56 views

Must terms in employment contract be interpreted as they apply to the job?

I see a lot of employment contracts which seem to be very broad with things the employee cannot do. Are the terms always interpreted in context, and only enforced when the employer can show damages? ...
2
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1answer
194 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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1answer
39 views

Canadian (BC) invoicing regulation - can we attempt to collect interest after the overdue payment is made?

My business partner and I started a construction related business last year. We recently (August 2021) received payment for an invoice that was issued June of 2020. At that time we did not have any ...
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1answer
4k views

Quitting before the start date: is the non compete enforceable?

Prospective employee E signed a job offer stating that his or her first day of work will be two months into 2022. The contract includes a non-compete agreement (NCA) of a duration of 8 months within ...
2
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1answer
56 views

How exactly to calculate severance pay?

I have several questions regarding severance pay. Is it better to ask them separately or in one question? I had worked for an employer for 8 months and was terminated without cause. The schedule ...
5
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1answer
447 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 ...
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0answers
36 views

What kind of permit is required to import preserved human skin into Canada?

Specifically prepuce. This has cultural significance to some.
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2answers
560 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 ...
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2answers
82 views

Is a disclaimer of liability on a web page sufficient?

Cycling with a group is even more enjoyable than solitary cycling—most of the time anyway. But those who were tempted to organize murmur that organizing a biking trip presents an inherent risk. If/...
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1answer
159 views

My Canadaian university denied my religious vaccine exemption request, what type of lawyer do I speak to?

I am situated in Canada. And go to a Canadian university (in Toronto). My university has a vaccine mandate for the Covid-19 vaccine, which I have requested an exemption to, due to issues with the ...
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2answers
4k views

Can you sue an underage contractor?

I recently got my garage epoxied. After about a week, it started peeling off. I was wondering if I can sue the contractor as they aren't answering my calls or replying to my messages. The reason I'm ...
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3answers
2k views

What is the legality of the vaccine mandates in British Columbia, Canada?

British Columbia unveiled a plan to require proof of COVID-19 vaccination for entry into multiple settings, including but not limited to restaurants, bars, gyms, night clubs, indoor ticketed events, ...
2
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1answer
91 views

Is a will invalid in Canada if you don't have two witnesses that saw you write the will in person and sign your will?

Is a will invalid in Canada if you don't have two witnesses that saw you write the will in person and sign your will? I am not sure if I understand the law, but it seems like you're forced to print ...
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2answers
73 views

Is there an extra time given for criminal prosecution in Canada if there's foreign evidence that have to be collected?

Is there an extra time given for criminal prosecution in Canada if there's foreign evidence that have to be collected? There might be delays experienced if the court has to secure bank records and ...
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1answer
53 views

What happens at a notary appointment?

I'm having a document notarized in Ontario Canada for my university. This is my first notarization, and wonder what I may need to know for the appointment. I plan on bringing my ID, debit card, thats ...

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