Questions tagged [canada]

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

Filter by
Sorted by
Tagged with
0
votes
1answer
55 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
votes
3answers
197 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? ...
0
votes
1answer
120 views

Isn't the distinction between trial judges' oral vs. written decision specious?

Source: Representing Yourself In Court (CAN): How to Win Your Case on Your Own (2015). p. 187 Top.      The judge (or jury) has made a decision, which was either: From the bench. This is ...
2
votes
1answer
242 views

When can jobs discriminate against a protected class?

In Canada the Human Rights Act protects against discrimination relating to race, national or ethnic origin, colour, religion, age, sex, sexual orientation, marital status, family status, disability ...
0
votes
1answer
124 views

Do I have to notify the other party of changes I made to the contract before signing it?

Short version: I have received a final release form for a vehicle write-off payment from an insurance company and need to sign it and send it back. It's just a pdf form with my name and such filled in,...
2
votes
1answer
277 views

Can an employer legally confiscate property that they suspect to be illegal?

Some time ago (2017), an employee brought a bag of what was presumed to be cocaine to their private sector workplace located in Alberta, Canada. The employer demanded the employee hand the item over (...
0
votes
1answer
73 views

When does a landlord-tenant relationship form?

When specifically is a landlord-tenant relationship formed? I know in some provinces a house is sold at the very moment the buyer shakes hands with the seller (though this is hard to prove, hence the ...
-1
votes
3answers
148 views

Who should pay damages when a person gets injured in two car crashes in two weeks?

I was at fault in a minor car accident and the other driver was already injured (after another crash, 1-2 weeks before my accident). Who is responsible for paying the hospital costs of the other ...
3
votes
3answers
2k views

What law makes watching pirated movies illegal?

I understand that distribution of copyrighted content is illegal, but have always thought that receiving that content was legal. However, I recently read a news article stating that people streaming ...
3
votes
1answer
210 views

What expenses can I claim in a small claim court?

Ontario/Canada. I want to file a small claim against my previous roommate who I met online and with whom I signed a year contract for a two bedroom apartment. After I sublet my room for the last four ...
25
votes
1answer
5k views

Is it legal for an employer to charge an employee for lost equipment?

I work for a hospital in Alberta, Canada. As part of our job, we're required to use a walkie-talkie-like device called a Vocera Badge. Over the course of the last few years that we've been using them,...
0
votes
1answer
114 views

The process of a direct appeal?

How does a "direct appeal" work? My understanding is that a direct appeal happens when the defendant, now called an appellant, appeals to a higher court or the highest court in the State, to override ...
0
votes
2answers
87 views

How to proceed when there is no will/last testament?

The Situation: My best friend's mother (Grace) passed away on Monday. Grace told her sister Hope and her son that she had a will. We cannot locate it (at home, not filed with lawyer or the city). We ...
0
votes
1answer
64 views

Spurious Liens by an attorney in BC, Canada

What are the consequences to an attorney in the Canadian legal system, who files spurious liens on behalf of her client, who doesn't have an ownership of the property, the lien is not agreed to by the ...
3
votes
2answers
175 views

Tenant refuses communication via phone or email

I am a landlord with one rental dwelling, currently occupied by tenants who will be departing in a few months' time. The tenant gave us their intention to move last week. Consequently, we posted an ...
1
vote
0answers
103 views

Self defence with an illegal weapon

First off I’d like to say this is just a hypothetical question that I thought of today. This following scenario is to be taking place in Canada. Let’s say a guy is at his house on his private ...
3
votes
5answers
4k views

Right of way between U-turning and Right-turning vehicles at traffic lights

At a traffic light controlled intersection, who has right of way between a U-turning vehicle and a right-turning vehicle? Consider the following cases, assuming no other applicable signage: Case 1 - ...
4
votes
2answers
367 views

Can a landlord in Ontario require tenants to clean the property for a viewing?

I am a landlord with one rental dwelling, currently occupied by tenants who will be departing in a few months' time. The current tenants are uncooperative and refuse to clean the house. This is ...
7
votes
4answers
268 views

My parents purchased a condo under my name, can they legally take the condo back?

I live in Ontario, Canada. Due to conflict with my parents, they are claiming that by law they can force me to give back the condo to them (or repay them the amount of the purchase) since they paid ...
3
votes
2answers
574 views

What exactly does it mean for a case to be dismissed?

A plantiff did not attend the hearing. Consequently the adjudicator dismissed his case. What does this mean? I roughly understand that it means the defendant is absolved of the charges and that the ...
0
votes
2answers
88 views

Canada's Principle of Fundamental Justice - Vagueness and Fair Notice

Can somebody explain to me what is considered to be fair notice and whether a law is "vague"? I've read an article under the Principles of Fundamental Justice, and it said: A law is ...
1
vote
3answers
100 views

Is there a way to get old bylaws off the books?

I'm doing some housekeeping in our bylaws, and we have a number of bylaws that aren't anything more than bylaws to rescind other bylaws. For example, in the municipality I represent we have this ...
0
votes
3answers
257 views

Where is “Act of Parliament” defined

What act or legal document specifically defines an "Act of Parliament" as a federal act, or primary act under the government of Canada, and not for example a provincial parliament?
0
votes
1answer
107 views

Canadian Equivalent to 18 USC 1831/1832/1837?

I was wondering if any of you know the closest act/statute that is equivalent to 18 USC 1831/1832/1837? These sections all relate to the theft of trade secrets and in the US, it is considered to be a ...
0
votes
1answer
2k views

'Factual matrix' vs. 'Fact pattern'

Google revealed a definition of 'Fact Pattern/Situation' (abbreviate to FP) A concise description of all the occurrences or circumstances of a particular case, without any discussion of their ...
3
votes
3answers
230 views

Landlord arguing we were a subletters and don't have rights as tennants

I'm guessing I know the answer to this but someone told me it doesn't work this way. I'm renting a shared house. I have an individual lease with the people who told me they were the landlord, and I ...
3
votes
1answer
152 views

Can a lawyer file for a divorce 14 years after finalizing the divorce in an other country?

I am a Canadian, living in California, divorced my ex-husband in 2003. According to the settlement signed in California, the family home in Canada was transferred to me. At the time of divorce his ...
2
votes
1answer
52 views

Can an American own part of a Canadian-based corporation?

Combination of New York State (USA) and Ontario (CAN) jurisdictions here. If a New Yorker/American wishes to take partial ownership (equity) in an Ontario-based corporation, are there any special ...
0
votes
1answer
52 views

Full ownership split between two legal entities

Hope this is fit for Legal.SE. I work with large financial institutions and often obtain diagrams representing the legal entity perimeter (i.e. full list of legal entities, with ownership % and "who ...
4
votes
1answer
891 views

Is it legal to record a business call in Canada?

I am using a ZenPhone2 which I set to record all calls. I had a call with a sales person about a service I was interested in (i was the one that answered the call). This service offered was not what ...
4
votes
1answer
210 views

As a student, do I have a right to see my incident report as filed by campus security?

A campus peace officer made a report against me for public intoxication, but no fine or ticket was issued. Do I have rights to access that report? By asking for the report, could that make them ...
7
votes
1answer
94k views

So… is prostitution in Canada legal or not?

I'm confused, is prostitution in Canada legal or not? I've been looking, but have up till now only gotten mixed messages when it comes to it's legality; just a jumble of legislative actions, court ...
1
vote
2answers
101 views

Contractor - incomplete, ineffective and a mess left with a huge bill

I hired a contractor to redo some drainage in my yard, simple straightforward with a contract. Verbal estimate 1500-1800 complete all in. After day one I knew he didn't know what he was doing and ...
4
votes
1answer
394 views

The difference between a self-governing colony and a dominion

In 1949 Newfoundland became a part of Canada. Before 1949 it was a separate country. This Wikipedia article says in 1907 Newfoundland made the transition from the status of a "self-governing colony" ...
0
votes
1answer
3k views

Is listening to a song or watching a music video on YouTube legal? If yes, is Spotiffy also?

For a school assignment we need to listen to a song on YouTube and take screen shots of it. Out of curiosity, is it legal? I thought it was technically copyright infringement to listen to a song on ...
4
votes
1answer
121 views

Can I be liable for damages for wrong advice I give on a Stack Exchange site?

I often help people out on different stack exchange websites and never have any issues whatsoever. I usually answer questions on the Apple stack exchange website. I was wondering, if I give out ...
25
votes
3answers
3k views

In Québec, are restaurants legally required to provide free potable water upon request?

In the province of Québec, are restaurants legally required to provide free potable water upon request? If so, what is the name/article of this law?
8
votes
1answer
433 views

Are U.S. employers subject to Canadian employment law if they hire a Canadian to work remotely?

Hypothetical Facts U.S. company ("A") hires Canadian worker ("B") to work as an unpaid intern. B never physically leaves Canada and does all her work by telephone, computer and internet. A has a ...
1
vote
3answers
7k views

When can someone be charged with theft in Canada?

I mentioned in a previous question, when I moved out I accidentally took something that wasn't mine and returned it. Out of curiosity could this be considered theft? What if someone returns something ...
1
vote
0answers
56 views

What is the status of using mens rea as a defense in this manner in Canada or similar jurisdictions?

In Canadian man found not guilty of raping wife, the prosecution of a rapist in Ontario, Canada failed due to mens rea because it wasn't proved that the man knew his behaviour was illegal. Not because ...
0
votes
1answer
306 views

Are Canadian provinces and territories administrative divisions, and what is an “adminstrative division”?

In its current version, Wikipedia's article titled "Quebec" tells us that Quebec is Canada's largest province by area and its second-largest administrative division; only the territory of Nunavut ...
3
votes
1answer
868 views

In Canada, is there a difference between province and territory?

As it goes, Canada is a country in North America, consisting of 10 provinces and 3 territories. Are there any legally significant differences between being a province compared to a territory? Do all ...
0
votes
1answer
71 views

How does a pro se defendant subpoena digital evidence for the defense?

In specific, if partial evidence of blackmail and witness intimidation, (death threats), were to be made public on the web and in direct text, how would the defense go about gaining access to the ...
1
vote
1answer
166 views

Accidentally hit someone's car with a branch, made minor dent, unable to pay damages, what can he do to me?

I am a 15 year old student. While walking with my friends, an event transpired that resulted in a branch hitting a car (it was not a malicious act) and leaving a minor to medium sized dent. After I ...
1
vote
2answers
129 views

Cell phone with zero usage sent to collections agency

A year ago I briefly had a phone plan in Alberta, Canada where I used absolutely zero data and no calling minutes. I called the phone company in order to cancel the plan on a Saturday, when they ...
9
votes
1answer
2k views

Why is court approval necessary to liquidate?

I found this article in the news, claiming that Sears Canada will ask court for permission to liquidate all remaining stores. I can't see why approval would be necessary. Why would it be illegal to ...
2
votes
1answer
157 views

Buying a condo with no condition and end up finding problems in the status certificate

We purchased a condo two weeks ago. We do not have an real estate agent and we end up dealing with the seller's real estate agent directly. We're told by the seller agent that there are multiple ...
0
votes
1answer
1k views

When is public humiliation and slander illegal?

There is a activist/vigilantly group called Creep Catchers who pretend to be underage children selling sex. Then when a pedophile agrees to meet in person, they show up with video cameras, broadcast ...
1
vote
2answers
94 views

When a contractor develops a program based on clients specifications, who owns the rights?

I was hired to create a computer program. The client gave me directions on what it should do and how the UI should look like (complete with pictures). No formal contract was ever made, and I realize ...
1
vote
1answer
112 views

Obtaining public records in Canada

I would like to obtain minutes of Board of Trustee meetings from a federal charity organization in Canada. I know how to do that in the U.S. How does one do it in Canada? Is this something that ...