Questions tagged [canada]

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

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4answers
3k views

Can FedEx bill the recipient of a package for a “Clearance Entry Fee”, without consent?

Some time ago, I received an unsolicited birthday gift from a relative as an international package via FedEx (USA to Canada). Then, several days later, FedEx mailed me an invoice for a "Clearance ...
3
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0answers
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 ...
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1answer
300 views

What does 'duty to devote full time' mean?

In a work contract there is the following term Duty to Devote Full Time The Employee agrees to devote full-time efforts, as an employee of the Employer, to the employment duties and ...
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3answers
379 views

If someone steals from me do I need a lawyer?

Someone took my bank card while at a party. Somehow he got my PIN number and took $400 from my account. I filed a complaint with the local police. They asked me if I wanted to charge him. (Of course I ...
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3answers
5k views

Who has jurisdiction if a crime is committed across an international border?

Just out of curiosity, which set of laws would be used if you committed a crime across a border? For example, suppose I were standing on the American side of the America-Canada border. If I were to ...
1
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1answer
180 views

Is a tattoo providing medical instructions legally binding?

This article describes an 81-year-old woman who got a tattoo reading "Don't euthanize me" to express her medical wishes if she were incapacitated. The Calgary grandmother recently had the words “...
4
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0answers
145 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. ...
3
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2answers
436 views

Who can initiate a criminal investigation in Canada?

I saw an interesting story in the Canadian media the other day. Several federal cabinet ministers and some prominent members of Parliament have allegedly given tax money to a Canadian charity that is ...
0
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1answer
39 views

How does an 'authorized representative' work?

I recently moved out of a rental home and I strongly believe the landlord owes me more money. I asked her for prorated rent given that I moved out early per her request/demand. She has declined this ...
0
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1answer
90 views

Is attempting to steal a crime in Canada?

If someone attempted to steal something from a company and then was caught in the process and never actually got to steal the item, is that punishable by law in Canada? The company is in the U.S. the ...
1
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1answer
157 views

When can someone legally act on the behalf of another person?

I moved out of my rental home and the landlord has not returned my security deposit. It would appear that the landlord is trying to avoid me and have her friend (who is apparently a lawyer) do all the ...
1
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1answer
430 views

Is it legal to shoot a bow and arrow inside the limits of an urban municipality in Alberta?

I've been searching this for some time now, and so far it appears that there are no laws in Canada that prohibit shooting a arrow from a bow (with the exception of prohibited cross-bows) under the ...
1
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1answer
103 views

Can a medical invoice that was disputed collect interest and be due years later?

This is a bit embarrassing. A couple years ago I had been seeing a specialist doctor. I had been a victim of a crime, so the city/police department was paying for my treatment. It had been my ...
3
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1answer
131 views

What are your legal responsibilities after the police have been called?

I was placed in an awkward situation recently where our neighbor called the cops on us. For reference sake, he was calling regarding a suspected domestic disturbance which occurred in the home behind ...
9
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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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0answers
92 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 ...
1
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2answers
461 views

I suspect bait-and-switch selling, what can I do as a consumer?

I’ll keep this as generic as possible in terms of which store and which products were involved, but here’s the situation: Location, product(s) and retailer: I’m in Canada, the seller is a chain ...
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1answer
47 views

Is it legal or illegal to record my communication with my landlord in public parking area in Canada? [duplicate]

Is it legal or illegal to record my communication with my landlord in public parking area in Canada? if I didn't tell my landlord that I am going to record. if I tell my landlord I am recording but ...
3
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1answer
83 views

Can a company print the wrong Net. Weight on a product?

Are companies allowed to use old packaging (900g) on their new product which is (650g)? Here's the story. The product is a pita bread. My dad started buying this brand since it weighs more and costs ...
1
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1answer
232 views

How long must a landlord give notice when a tenant got a pet without permission?

I heard this story and found it interesting. A tenant got a dog. The landlord found out and gave the tenants 10 days to move out. Is this legal? From the relevant legislation it says it is possible ...
-1
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1answer
237 views

Examples of shareholder derivative lawsuits where shareholders prevailed ( USA/EU/Canada)

When a publicly traded company's stock value falls due to some incident or event faced by the company, the shareholders have sued the company alleging breach of duty among other causes of action. The ...
0
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1answer
576 views

Why might Eric Abramovitz not be able to collect his damages from Jennifer Lee?

Eric Abramovitz is a talented clarinetist whose girlfriend, Jennifer Lee, accessed his email account to decline a once-in-a-lifetime scholarship and opportunity to study under Yehuda Gilad, a world-...
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1answer
78 views

Asbestos Containing Material in Toronto apartment

I'm moving to a new building in Toronto, and received this letter: In 2005, the Ontario government introduced a new regulation under the Occupational Health and Safety Act regulating the ...
3
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1answer
92 views

Strata corporation installing keyless entry system and logging entrance times/dates

My concern is the strata is forcing people to sign for specified id numbers this information is then stored so they know who enters the building when and how often. I am an owner and I believe I ...
8
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2answers
281 views

Is it legal to live on commercial property?

I live in Grande Prairie, Alberta, and I noticed that some commercial properties in town are very affordable. I don't plan on starting a business nor do I plan on trying within this year. I did try ...
2
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1answer
70 views

Under what conditions can a married couple not be considered (or be considered) co-defendants?

I apologize if the question is a bit vague but I was hoping a general answer might help people in the future. My wife and I were recently charged in a municipal case that involved a co-owned property ...
3
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1answer
90 views

References to repealed bylaws?

Section 67 of the Municipal Government Act states: References to repealed bylaws A reference in a bylaw, enactment or document to a bylaw that has been repealed by the revised bylaws is, in ...
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2answers
384 views

Why is the Queen of Canada known as Elizabeth II?

The regnal numbers of the monarchy of the United Kingdom are combined from the regnal numbers of the separate kingdoms of England and Scotland. Hence, as there was a previous Queen Elizabeth in ...
2
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1answer
76 views

What is the charge if you erase digital information that was subpoenaed?

First off I’ll let you know that this would apply for Canada. Here’s the scenario: You own a server which is used to host a secure and encrypted message website/app. Say there is possible evidence ...
1
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1answer
306 views

Is my claim valid to consider me as a refugee?

I will enter Canada as a refugee and at the point of entry I'll file for asylum. I have basis for my claim, although I'm sure my claim will be considered seriously as there are many reports mentioned ...
1
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3answers
456 views

Can a landlord enter common rooms, in a house that is leased individually room by room, without notice?

I live in a large house shared with several roommates. We each have our own lease with the landlord. The landlord has been letting himself into the house frequently with no explanation. I was under ...
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2answers
104 views

Is there a recorded instance of Canada refusing to enforce a USA court order?

Has there been a case where a Canadian court refused to enforce a court order from the United States?
5
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3answers
907 views

Can parents throw out belongings you have kept in their house?

I moved away for school when I was 19. At the time, I was living in my parents' house and left most of my possessions. While I was away for school, my parent's got divorced. I'm not clear on the ...
0
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1answer
93 views

Can I build an iPhone app that generates cryptocurrency income without the user's consent or knowledge?

I had an idea of an iPhone app but I'm not sure if the methods are entirely legal, for that reason I thought id come here to ask. Where I live in Canada it can get pretty cold so I had the idea of ...
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3answers
4k views

What happens when a legally binding document is accidentally filled out wrong?

A friend of mine was hired by a company that has a lengthy onboarding process that has lots of paper work. One document he had to sign contained The following are Developments not covered by ...
1
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1answer
121 views

Opening a daycare near previous employment

Location: Canada, Ontario Background: A friend got a one-year contract to work at a daycare from June 2017 to June 2018, but was let go after working two months. Key things on the employment ...
1
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1answer
140 views

I made a software version of a semi-popular board game for free. Is that legal? [duplicate]

All the code is 100% my own - I made it for practice, and to showcase my abilities to potential employers. To facilitate this, I want to release the code open source on GitHub. I credit the game's ...
0
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1answer
18 views

Why would I need a section 85 roll over in Canada during incorporation?

I want to incorporate in Canada, and a law student told me I should do a "section 85 roll over" to transfer the cash I want to use to operate my corporation. its not a lot of cash, just 40-50k, but ...
4
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1answer
13k views

I get married in Canada but live in the US. What happens?

I'm U.S. citizen (my only citizenship). I'm a temporary resident of BC while I'm here for school. I'm just wondering, what happens if I get married in BC or Canada to a fellow U.S. citizen, or really ...
0
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1answer
288 views

Why did s 92(14) (of the Constitution Act, 1867) permit Provincial Superior Courts to adjudicate some matters falling under federal legislative power?

Source: Introduction to Law in Canada (2014). p. 173 Bottom. Superior Courts Like the inferior courts, the superior courts fall into two categories: provincial/territorial and federal. ...
1
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1answer
260 views

Must you stop walking if a police officer wants to talk to you?

I know a person has a right to silence and not to answer an officers questions. But can the officer keep trying to talk to you to prevent you from carrying on your way? Yesterday a police car pulled ...
0
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1answer
111 views

Can you escape a contract if a business mistreated its other customers?

My dad with severe mental illness bought an airline ticket. The airline then maltreated passengers, which caused him to choose to not fly the return leg. Is the airline obligated to return half of his ...
0
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2answers
58 views

Word for legal counsel/representative

I'm representing my wife in a minor legal case (I'm more comfortable with the formal aspects than she is), but I'd rather avoid describing myself as the husband of the accused. Is there a more formal ...
3
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0answers
74 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 (...
0
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1answer
42 views

Recover fees associated with car being impounded

In British Columbia, there is an excessive speeding law where you get a ticket and your car is automatically impounded for 7 days. If you dispute the ticket and win, you do not pay the ticket but you ...
2
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0answers
116 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 ...
4
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3answers
675 views

If you purchase the keys to a room/house/building, do you have the legal right to enter?

In a TV show, one of the characters buys a storage locker. In that storage locker are keys. Then he goes to the place that the keys open and lets himself in. My question is this: By purchasing the ...
1
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1answer
81 views

Offering Non-Business Free WiFi - Legal Considerations?

Ontario, Canada. I'd like to operate an open, free WiFi hotspot for public consumption, not associated with any business. Per Wikipedia : In Canadian law, unauthorized access is addressed the ...
0
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1answer
54 views

Is it illegal to impersonate a Provincial Securities Commission agent in Canada?

I had a situation were an old co-worker tried to stir up some trouble by impersonating an Alberta Securities Commission (ASC) agent. We have evidence that he did this, but nobody really seems to care. ...
0
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3answers
196 views

Not wanting to be recorded on phone conversation

In Canada, if you phone someone, is there a way to make it illegal for them to record the call? For example if someone says they don't want to be recorded, can a company still legally record the call? ...