Questions tagged [canada]

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

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1answer
66 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
194 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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3answers
149 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 ...
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3answers
185 views

In Canada, is there an individual cause of action against a perjurer or police?

Consider the situation where a person commits perjury by falsely asserting a material fact in court that goes against your case.1 In Canada, could you sue the perjurer? Suppose you lost your job, ...
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1answer
78 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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1answer
59 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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2answers
63 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
84 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
69 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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3answers
1k views

Is there one body of common law?

I'm a bit confused by the usage of the phrase "common law" on this site. The Wikipedia article initially describes it as an abstract concept. The first paragraph reads: Common law (also known as ...
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2answers
167 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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3answers
286 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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2answers
110 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
86 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
44 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 ...
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1answer
104 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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1answer
74 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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0answers
43 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
61 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 ...
2
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1answer
106 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. ...
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3answers
114 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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2answers
48 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 ...
2
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1answer
43 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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1answer
23 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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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 ...
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1answer
96 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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0answers
36 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 ...
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1answer
1k views

Is a highschool diploma a legal document?

Often places, especially colleges/universities, ask to see high school diplomas prior to enrollment. Employers or certifiers may ask to see one too, regardless of the type of job. My question is, is a ...
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
27 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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1answer
71 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 ...
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1answer
67 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
49 views

Applied for adoption records & original birth registration - It's not the original registration info

I applied for my adoption records here in Canada because I need the papers for some passport stuff. I still talk with my biological father, but I was officially adopted by my mother's new husband ...
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3answers
322 views

Does a non-competition clause bond me to a minimum term of employment?

I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines: He or she agrees ...
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1answer
61 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
36 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
80 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
95 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
81 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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3answers
111 views

What laws would be broken if a university professor accepted money in exchange for better grades?

Suppose a student in an ordinary university offered $100 to his professor (or Teaching Assistant) in exchange for a five percentage point improvement in his grade. Suppose the professor/TA accepted it ...
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0answers
62 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
94 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
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
57 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
162 views

Is it illegal to post an “owner is armed” sign in Canada?

I've been watching a TV show about border security in Canada and in the episode a border officer mentions that posting an "owner is armed" sign inside your vehicle is illegal. Is this true and if so, ...
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1answer
51 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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