Questions tagged [canada]

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

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2answers
102 views

If lease doesn't specify termination, how long does one have to move out?

I live in a home with Joe. Joe has a lease with the home owner. I pay Joe a fixed amount of rent each month and he gave me keys when I moved in. We don't have a formal lease between us, but we do have ...
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1answer
68 views

Rights and licensing of joint works in Canada

In researching copyright laws relating to works of joint authorship, I came across this McMillan article. While the situation is clearer in the US and UK, the article discusses how in Canada, absent ...
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0answers
16 views

What is a Formal Patent Search of Classification in Canadian patent law?

I am seeking to start patenting something, and have reached out to an organization that claims to be able to help with the patenting process. They want to do something they call a Formal Patent ...
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1answer
86 views

Throwing tomatoes at a poster of a politician

As a form of protest, imagine: Printing a poster of a politician's face Placing it on a wall (with permission of the wall's owner) in a generally public space Handing out tomatoes to be thrown at ...
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1answer
95 views

Wouldn't it be hard to kick someone out who never signed a lease?

Who really has more power when a lease isn’t signed and there’s no written agreement? I know a lot of cheap rentals off craigslist do this (especially in shared living accommodations). Hypothetically ...
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0answers
17 views

How to get a court order for deceased relatives birth certificate?

What's the process for getting a court order in Canada for a deceased relatives birth certificate? There is no will or executor of the will and the birth certificate is for genealogy purposes.
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1answer
85 views

Will company with product with ® sue me if my company name is the same as their product?

I have purchased the company name Xxxxx Media in a province in Canada, but I recently realized that the product Xxxxx® is trademarked in the United States. I wish to sell my products in the US soon so ...
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2answers
2k 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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2answers
98 views

Legally withold payment for services rendered beyond a weekly limit? - Canada

If a contract specifies that work be rendered for services between 8 and 16 hours per week, and the month averages to 16 hours per week but certain weeks are in excess of 16 hours, is it legal to ...
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3answers
7k views

What can I do about an ex-landlord “trash talking” me on Facebook?

I had lived in a shared rental house with 4 other tenants. Problems arose when the landlord wanted me to move out early despite what the lease said. He got the other tenants to bug me until I agreed, ...
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2answers
365 views

If two spouses are named in an agreement but only one signs, is it valid?

Say there is an agreement between a company party (call them The Company), and a married couple party (call them Spouse A and Spouse B). Spouse A and Spouse B are both named in the agreement, but the ...
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1answer
144 views

Copyright infringement in paid course

An art instructor who charges for his courses is using one of my photographs in his class. All the students including himself have painted the photograph and he has posted his painting on his site. I ...
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3answers
24k views

If something is due on a certain day, does it mean before the day starts or the end of that day?

If a contract is written such that a payment is due on day x does that mean it is due prior to that day or any time before 11:59pm on day x? For example I've heard of a property management company ...
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2answers
154 views

Do US laws apply worldwide? Which US laws apply worldwide?

Do US laws apply worldwide? Kim Dotcom, never in USA, yet court proceedings for extradition from New Zealand to USA ongoing. A Chinese arrested in Canada during layover for breaking US sanctions law. ...
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2answers
131 views

What options exist for doing one's own legal work?

To my understanding, you can always represent yourself in court. So when is it a good idea to get a lawyer? I have a relatively simple case but could use a few pointers. I know legal proceedings have ...
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1answer
210 views

Can the Landlord Kick us out 9 months before the contract end date?

I live in a condo in Ontario, Canada. As I used to be a student (now have a full time job) I had to pay 1 year in advance back in September. Landlord and I signed a contract that states It is ...
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1answer
119 views

Can you own copyrights to dance moves or choreography?

So there's this thing called High Fitness. It's a company that makes money off of choreographing exercise routines to popular music, and sells the choreography. It's essentially Zumba but less dancey ...
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1answer
43 views

Can the Resedential Tennancy Act be included in situations where it wouldn't normally apply?

The Residential Tenancy Act list situations when it would naturally apply and when it would not. From http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section2 What this Act does ...
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1answer
67 views

In Canada, how big does a work need to be to qualify for copyright?

I understand that a single letter, or even a word cannot be copyrighted, because they are too short to be a unique work. So how big does a work need to be to qualify?
2
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1answer
144 views

What exactly does it mean when someone “represents” you?

What exactly does it mean for a lawyer to represent someone? I thought it means assigning someone to argue for you and they would reply to all messages concerning the case. As mentioned in my ...
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2answers
66 views

What to expect when getting (free) legal aid?

I want to sue my old landlord. The amount wouldn't be too much so I could do it in small claims court. I had searched the internet and found some free legal advice from the Legal Service Society. I ...
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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 ...
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0answers
38 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
379 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
456 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 ...
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1answer
189 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 “...
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0answers
150 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. ...
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2answers
443 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 ...
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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 ...
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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 ...
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1answer
225 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 ...
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1answer
679 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 ...
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1answer
106 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
143 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 ...
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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 ...
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2answers
500 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
87 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 ...
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1answer
237 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 ...
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1answer
250 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 ...
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1answer
577 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
85 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 ...
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1answer
95 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 ...
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2answers
306 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 ...
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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 ...
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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
425 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 ...
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1answer
79 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 ...
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1answer
309 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 ...

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