Questions tagged [canada]

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

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3answers
2k 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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1answer
1k views

Is normally illegal kink legal if consensual

My wife is older than age of majority and can freely give consent. She has a specific kink of wanting to be upskirted in shops. If I have her consent, can I do this without getting in trouble? If she ...
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2answers
839 views

How can a community based not-for-profit be sued?

This question Is normally illegal kink legal inspired me to ask this. The Metro Vancouver Kink Society is getting sued. In a short summary of events, one member of MVKS was accused of acting ...
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2answers
95 views

In the law what is considered sexual?

This is bit of a follow up to How can a community based not-for-profit be sued? A dispute arose with a local kink community getting sued. The open letter was addressed to ... Lyncaster’s ...and ...
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1answer
119 views

What happens if bad lawyer advice causes irreparable harm?

Let's reduce the question to Canadian lawyers in immigration practice. Bad advice can cause loss of residency, lifetime ban and more. What's your recourse?
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3answers
106 views

Is it legal to demand a user agree to an EULA after the product has already been purchased?

First I'd like to note that I'm primarely interested in Canadian law, but answers about the law in other countries is fine as well. I've encountered this situation on multiple occasions, such as when ...
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1answer
26k views

I am a dual Canadian/US citizen residing in Canada; can I vote in US/Canadian federal elections?

I am a dual Canadian/US citizen currently residing in Canada. Can I vote in both the Canadian and American federal elections? Can I vote in the primaries for my party? Am I allowed to cast votes for ...
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1answer
59 views

Sharing ad revenue [closed]

My friend and I own a website which hosts fan-created content for a video game (character skins, etc.), and make around 800$/month in ad revenue, which we're splitting 50/50. To thank the people ...
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1answer
209 views

Dual U.S./canadian citizen living in Canada who has never resided in the U.S. can vote or not?

I am a Dual U.S./canadian citizen living in Canada who has never resided in the U.S. but my deceased mother lived and was born in Michigan and i was told i could register to vote but all Michigan ...
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1answer
56 views

Do countries that are not in the Berne Convention enjoy the benefits it provides?

The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, ...
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1answer
76 views

Is informal written consent in the form of text-messages/email legally binding?

For the purpose of this question, let us assume the contract is for common goods and services. Lets say I meet a Plumber over some online marketplace (e.g. Facebook, Craigslist, etc) and he writes ...
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1answer
433 views

What happens to confidentiality agreements after company dissolves?

I worked as a consultant for a company that dissolved. I signed a confidentiality agreement that ended with "This Section shall survive termination of this Agreement." Out of curiosity am I ...
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2answers
107 views

United States citizen crosses Canadian border and murders someone. Who prosecutes the killer?

Would like this question answered, as I have the scenario in the book I am currently writing. Would like to ensure I am providing my readers probable outcome for the killer. A United States citizen ...
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1answer
60 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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1answer
30 views

Regarding Canada Sponsor eligibility for Parents and Grandparents

Under the Canadian Parents and Grandparents sponsorship program, one of the eligibility requirements for the sponsor is that "they must be earning above a certain threshold salary for 3 tax years ...
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2answers
87 views

Is an individual's claim to self-defense impacted by whether or not they used a tool/weapon?

Consider the following hypothetical scenario: A robber breaks into a person's apartment. They had initially expected the individual to be at work, and thus the apartment empty. But unfortunately, the ...
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0answers
55 views

Bait and switch selling

I purchased an 11-piece cabinet at a ridiculously low price and the order was confirmed by the corporate retailer. Few days after reviewing my order they have swapped out the item for a different item....
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42 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
42 views

I have settled the claim. To what extent can I recover the settlement costs based on an indemnity clause?

In Canada, to what extent can I recover the settlement costs from a third party, based on that third party's indemnity clause that indemnifies me. For instance, would a court say that I can settle but ...
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2answers
3k views

Can a Canadian doctor perform RFID chip implantation in a willing subject?

I want to get an RFID chip implanted in my hand for practical and entertainment purposes. I am a adult 100% aware of the risks and willing to undergo the (very minor) surgery, in which the small tag ...
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1answer
74 views

If landlord doesn't return damage deposit, must you remind him before starting a case?

Where I live if a landlord doesn't return a damage deposit, the tenant can go after him for double the value. From a pragmatic view, must/should the tenant warn the landlord before the 15 days are up? ...
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1answer
30 views

Canada's Trademark Act

I am considering applying for a trademark. The trademark I would like to register is the product name of a product that I am importing and selling. The name is an invented word (e.g. something to the ...
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2answers
30k views

Can you drive without licence plates all across America?

There was a well-known controversy about the late Steve Jobs, who never had any number plates affixed to his AMG, supposedly still being in full compliance with California law, by supposedly leasing a ...
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1answer
97 views

Can a confidentiality agreement require you to not say who your client was?

Does the following Confidentiality Agreement mean the Consultant cannot say who the Client who he was doing the work for was? For example if Bob was hired by Staffing Agency to work at McDonald's, ...
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1answer
110 views

What happens in Canada if a divorce invalidates in Iran?

Thank you for reading this and your help. A man, let's say mr. X has divorced his wife (with some fraud) in Iran and move to Canada with a work permit. The woman, let's name her Ms. Y, has ...
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5answers
10k 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 ...
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1answer
57 views

Can someone be forbidden to use a public service without the specification of an offence?

I believe the manager of a private service can arbitrarily decide not to serve someone. But what about a public service, like a public health clinic?
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1answer
63 views

In a public university, can the head of department forbid a specific student to enter the department without stating a law or policy?

There are two situations to consider: In the first situation, the student has not done anything wrong. If it was a private establishment, as in Can the manager of a commercial establishment forbid ...
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1answer
51 views

Can the manager of a commercial establishment forbid someone to enter?

Suppose that the manager uses as an argument something as vague as "I didn't like what you did here last week" and does not cite any law nor policy.
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0answers
64 views

To what extent can someone be punished by a public institution without a rule or law being clearly stated?

Say a patient does something the director of the hospital thinks is inappropriate. Or say it is a student and a school instead of a patient and a hospital. The important point is that a "user" of a "...
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1answer
58 views

When is it legal to record someone who is not intending to be recorded?

In Canada if you're a party to a conversation you're allowed to record it without other's knowledge. What if you're not a party but someone is talking very loudly? For example you want to file a noise ...
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2answers
128 views

Extradite or deport a criminal while there is no treaty between the two countries of Iran and Canada

Thank you for considering my question. There is a criminal who has been tried in court and proven guilty and received sentences for a series of crimes including threat to kill and withdrawing money ...
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1answer
85 views

Can you record someone who is speaking in a language you don't understand without their consent?

To my understanding Canada is a single party consent when it comes to recording a conversation i.e. if your a party, you can record it without the other parties knowledge. What if someone near you is ...
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1answer
89 views

How can I inquire about some one else's border crossing history in Canada?

Googling about accessing information about traveling and border crossing history in Canada, I could only find information about how can one, access the information about SELF history of border ...
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35 views

Canadian immigration: Admissibility process mystery

This is a question I've asked at various Q&A sites and forums to no avail. Of course I also asked my own consultant, and several other lawyers and advisors, but none had the answer. I don't have ...
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1answer
71 views

Do historical software revisions impact the licensing terms of the latest version of the software?

Hypothetical situation: Our organization developed closed-source commercial software that used open-source libraries whose terms only apply on redistribution. At some point, we decide to open-source ...
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0answers
49 views

Can not paying a monthly fee because of a lack of balance of your reloadable visa card hurt your credit score and isn't there a law against that?

Can not paying a monthly fee because of a lack of balance of your reloadable visa card hurt your credit score and isn't there a law against that? That's what I was told after I bought a visa debit ...
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2answers
255 views

Can a contractor refuse to pay a subcontractor if he doesn't get paid?

Can a contractor refuse to pay a subcontractor until the contractor receives his payment from the company/client? Does it matter if it's in a written contract? Can the buck be passed like that? "...
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0answers
59 views

Can Someone Else's Patent Affect My Copyright?

In Canada, if I hold copyright on a program's code but not a patent on what it does, and someone else patents "what it does", how would this affect my copyright? Lets assume this person did not learn "...
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1answer
79 views

Does entering Peace Arch Provincial Park count as physical presence in Canada?

With travel across the US-Canada border being highly restricted (even citizens/PRs need to quarantine for two weeks on arrival), many Canadian permanent residents living and working in the US near the ...
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0answers
77 views

The legality of fictional stories involving sex with minors in Canada?

What Canadian laws govern the writing and publication of fictional stories involving sex with minors?
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1answer
100 views

What happens if someone simply moves homes and stops responding to a lawsuit?

In a civil proceeding what happens if a defendant changes addresses but does not provide a new one? He stops replying and a default judgement is imminent. Assume that a least one piece of registered ...
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2answers
414 views

Would killing a human by accident (without any premeditation or intent) be considered homicide or manslaughter?

My question is a hypothetical one. I was conducting some research into the differences between murder, homicide and manslaughter and I didn't understand the difference between homicide and ...
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0answers
28 views

In Canada, is there a requirement of when a Money Services Business (MSB) and their client entity must enter into a service agreement?

I hope the question in the title lends itself to an answer. In case more clarification is required, please do not hesitate to comment below. Some background: In Canada, an MSB is required to verify ...
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0answers
114 views

My Girlfriend is Canadian and I'm American, we want marry, but she's not ready to live in th US

My girlfriend and I want to get married. She's Canadian but with the option of dual citizenship, she would live in Canada for a few more months until we have everything sorted in the United States, ...
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1answer
159 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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1answer
45 views

Is it legal to copy large amount of data peer to peer in Canada

Is it legal to transfer large amounts of encrypted data peer to peer in Canada? I transfer data from my friend PC in another country. The data is encrypted, so nobody can ever know which data it is. ...
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1answer
754 views

Are You Allowed to Buy Groceries While in Self Quarantine? [Canada]

Canadians returning to Canada must self-quarantine for 14 days upon arrival. Does this mean that these people must stay in their homes, and are not allowed to leave to buy groceries? The government ...
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1answer
120 views

If a company never invoices me, am I obligated to do anything?

I hired a driving school to help me get my driver's license. My test was cancelled due to COVID and my last lesson was about a week before the test. The driving school and testing facility are two ...
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3answers
148 views

Can reading a something mean agree to to a contract?

I understand that a contract can be created by the actions undertook by the involved parties. When you visit a website you agree to the ToS by using the website (regardless if you read it or not). ...

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