Questions tagged [canada]

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

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2
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1answer
127 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
82 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 ...
0
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3answers
114 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 ...
2
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0answers
63 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
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 ...
0
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1answer
97 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, ...
1
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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 ...
1
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1answer
59 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 ...
1
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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, ...
0
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1answer
55 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 ...
1
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1answer
154 views

Do parent's have an obligation to pay for university expenses after divorce?

In Canada/Ontario, if parents are divorced, do the parents' obligations to contribute to a child's university education expenses change based on their relationship? I'm looking at 2 cases, one where ...
1
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1answer
133 views

Can an employer reprimand an employee for posting negative reviews on social media?

If an employee posts on social media that a company is bad to work for, can they get fired or reprimanded for it? What if they gave specific examples, like how the employer reduced their wage without ...
1
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1answer
40 views

How inherited Property Assets Split in a Divorce in Ontario, Canada

I cannot find any detains on how Ontario law Deals with the splitting of assets in a divorce. I am specifically interested in if their are any exemptions to inherited family property (a farm owned by ...
3
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0answers
50 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 ...
0
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1answer
32 views

Quoting a case law if original decision cannot be found

Decision X was taken long ago and is not accessible online to the public. There are several (> 10) recent decisions that describe and quote X, and they are available online to the public. Is it ...
1
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1answer
84 views

Read written testimony instead of witnessing

I am defending myself in a penal case (driving infringement; not a criminal case). At time of the events, I gave to the police a very detailed written testimony, which is now part of the proof. For ...
0
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2answers
99 views

How to say “ entangled parking space”?

As an official translator, I need to be loyal to the text in such a manner that no words are omitted. In translation of title deeds there’s a section which specifies the metes and bounds of the ...
2
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1answer
230 views

What should i do when my landlord breaks an agreement, and later invokes the 60 days tenant notice in Ontario

My landlord refused to repair a big mold problem in my former apartment, when i told to the superintendent the mold in the apartment was making me and my kids sick, he yelled i should move out if i ...
1
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1answer
190 views

Can the court order my retired father, who is a single father, to make more money (Canadian Law) (revised to anonymous) [closed]

(I'm sorry about deleting and re-posting the question, there are family details and the site was attaching my real name. I'm reposting using an email address that isn't linked to me.) My father was ...
1
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1answer
77 views

Canada Elections Climate Change and God

I just saw this BBC news article. Canada election: Charities warned against climate change ads Canada's election watchdog has warned environmentalists that saying climate change is real could ...
1
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1answer
80 views

What happens if parties do not honour a settlement agreement?

Say a settlement agreement was reached where a shopper sued a grocery store over food that gave her food poisoning. If the terms of the settlement agreement were grocery store shall pay shopper $100 ...
1
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1answer
89 views

Legal liability for theft of credit card information left in my care with no contract?

Suppose your neighbor asks you to babysit their cat. The neighbor has to run an errand so they leave it with me. Someone else breaks into my house and steals the cat, along with its diamond necklace. ...
2
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1answer
72 views

Does the Residential Tenancies Act apply when renting a room in a multi-bedroom apartment'

I've read through the Nova Scotia Residential Tenancies Act, and my understanding is that if an individual rents a room from the Lease Holder of a multi-bedroom apartment (and the leasee is also ...
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2answers
64 views

What happens if someone knowingly accepts a contract with some invalid terms?

A dispute arose between me and my ex-landlord. Before any litigation, I told him the things I expected that he wasn't doing. His response was to agree to do them, provided I would agree to various ...
1
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0answers
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 ...
5
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2answers
106 views

Can a party demand you not record their phone call?

To my understanding call recording is legal in Canada, even if the other person isn't aware of it. I am going through arbitration, and someone I spoke with said "there is to be no recording of this or ...
1
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1answer
96 views

Best way to provide video of landlord doing something he lied about not doing? [closed]

I lived in a rental home where my landlord lived in the same building. The landlord had this notion he could "immediate evict" anyone. He told me if I wasn't out he would replace the locks and remove ...
2
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0answers
41 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

Airline ignoring Montreal Convention [closed]

I flew with Finnair from Moscow to Montreal. My luggage got delayed by 3 days. As per Montreal Convention, I can spend up to 1,131 SDR on necessities as my luggage is missing and the airline is ...
0
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2answers
119 views

Claim Total Ownership of our Property

In 2012, my husband and the father of our four children deserted us and left Canada to his home town in JORDAN-AMMAN. Since then he never supported us financially in any way or shape. He married ...
5
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1answer
710 views

When does a single mistake in a contract invalidate the entire contract?

Assuming there is no "savings clause" or statement of the form "if a provision is found to be unenforceable, the rest still remain in effect", when can an entire contract be invalid because of one ...
2
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0answers
39 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?...
0
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0answers
30 views

Immigrating to Canada from the UK - sponsored by a spouse or skilled worker?

My Canadian fiancée is currently living with me here in the UK on a 2 year Tier 5 Working Holiday Visa. We are getting married towards the end of that visa's validity (in Canada). We are currently ...
0
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0answers
49 views

Make money with a service that depends on third-party software

I play this video game which is developed by a small company. This game is great but it does not allow online multiplayer, you must play with other people on the same console. Recently, I learned that ...
0
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1answer
100 views

When is something considered theft vs free?

My job was to promote something in a grocery store. I happened to cross paths with someone from the bakery and they asked if I wanted a pizza to draw interest in my permission. I said ok. After the ...
0
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1answer
73 views

In general should court documents not be disclosed?

I am in Canada and have brought a dispute to the Civil Resolution Tribunal. The defendant has replied. He claims that there are several people (who I know) who are prepared to corroborate his side of ...
1
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1answer
38 views

As a website owner, what's my legal requirement to ask for SIN number

We have a job recruitment system that we installed which includes a public website where people can apply for jobs directly on the internet. One of the fields is SIN number that displays by default. ...
3
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3answers
5k views

In a marriage, can one spouse just run away and declare this a “separation”?

My friend’s father ran away from his wife after 30 years of marriage. He left her with all of the debts to pay and no income to support. He then hired a lawyer sending her a wish to negotiate a ...
2
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1answer
62 views

When can a contract require the agreenment of another contract?

I have seen several contracts that have terms such as "by accepting this offer you agree to sign a NDA/Non-Compete/Anti-harassment/Etc". How can this be fair prior to even seeing the NDA? I work for ...
1
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0answers
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 ...
1
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0answers
14 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 ...
1
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2answers
65 views

Work for hire as a contractor without payment, can you withhold IP?

Context: Canadian law; contract work; software IP If a contractor signs a work for hire agreement at the outset of a project and agrees that all work done for a company is the company's IP, can the ...
0
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1answer
76 views

Fraud if a director lies about being unable to pay

Context: Canadian Law; contractor; fraud Would it be considered fraudulence on behalf of the director (specifically CEO) of a company if they were to lie about being unable to pay a contractor, but ...
0
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1answer
71 views

When is something inadmissible as evidence because it's considered a negotiation?

To my understanding anything can be used as evidence unless a specific law prohibits it. When is negotiating inadmissible as evidence? My (ex)landlord demanded I move out immediately. I told him I ...
1
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2answers
86 views

Is it bad to have communication with opposing party outside of court?

I started a claim against someone. The level of court does not require lawyers. The defendant rejected all my claims through the court, but contacted me by email saying he wishes to meet in person to ...
-1
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1answer
198 views

How do fast food chains get away with selling fake chicken?

Subway chicken only about 50% meat, according to Canadian study What's in your chicken sandwich? (Subway's "chicken" is 50% chicken, and Wendy's is 88%. The rest is non-meat additives) Subway ...
1
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1answer
21 views

How to determine which court to apply to when parties are in different areas?

I am considering taking an employer to court. It would be regarding whether or not I'm a contractor or employee (and thus entitled to different benefits). I am not sure which court I would apply to. ...
1
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1answer
83 views

In Canada can employer force employees not to discuss wage?

In Canada can an employer require its employees not to discuss wages (either internal or external of the company)? What if the employee signed a confidentiality agreement where they agreed not to ...

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