Questions tagged [canada]

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

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1answer
51 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 ...
0
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1answer
74 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 ...
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2answers
59 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 ...
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2answers
84 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 ...
2
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1answer
90 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. ...
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. ...
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1answer
79 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 ...
-1
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1answer
188 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 ...
3
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0answers
108 views

Is it illegal to say the police won't help?

This is a silly question but is it illegal to threaten someone that the police would not come if they were called? My ex-landlord threatened to remove my belongings. I said I would have to call the ...
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0answers
16 views

Are the husbands HST arrears for his business considered part of the marital assets etc.?

In Canada are the Husbands business HST arrears considered part of marital property? Is the wife expected to take on half of this?
2
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0answers
51 views

When can employer change pay (increase or decrease)?

Question Can an employer decrease an employee's pay whenever they want (unless otherwise agreed to in a contract)? Out of curiosity can an employer increase pay at any time? Does it make a difference ...
2
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1answer
102 views

Are parking lots allowed to ticket for a higher price than listed

I recently received a parking ticket when forgetting to pay at a parking lot. However, it seems they increased their ticket price without changing any of their signage. The sign at the entrance ...
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0answers
73 views

Am I allowed to gift alcohol to an adult as a minor?

I am thinking about gifting alcohol to my boss as a parting gift. Does any law in Canada prohibit me from doing so?
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1answer
30 views

How far does parody go in copyright laws in Canada?

I'm wondering how far does parody go in Canadian copyright act? Is copying someone else's open source code and modifying it then protecting it considered as infringement? The code is from a ...
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2answers
51 views

Are bylaws required to be given First Reading as a minimum?

In Alberta, municipal bylaws must be given three readings before they can be enacted. Typically first reading is to introduce the bylaw, second is to consider any amendments, and third the final ...
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1answer
99 views

Is arbitrary age-based pricing legal in Canada?

In Canada, can a company price its services based, arbitrarily (that is, even if the user's age has no demonstrable impact on the company's costs), on the age of the user ? So for example is a ...
0
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1answer
49 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 ...
3
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2answers
317 views

Can my neighbor post signs on my side of the fence?

This is about a friend and not myself. The situation takes place in Alberta Canada. A friend of mine moved into his new home and the next-door neighbor demanded he pay for half the fence (Which was ...
1
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1answer
158 views

Can a retail store staff member search your bag on exit? [duplicate]

I know some places that search people's bags just before they leave the store. Alternatively I've seen stores that require people to leave their bags in a certain area, such as behind the front ...
2
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2answers
116 views

How does a lawyer help when taking someone to court for money owed?

I had a landlord who I believe owes me money for several things. The two biggest would be prorated rent and the return of damage deposit. Since I shared a kitchen with this landlord, it is out of the ...
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0answers
35 views

What Laws Pertain to Parking *Oversized Vehicles?

I regularly drive around with a trailer in the Ontario, London area of Canada. I have been completely unable to find any regulations referring to vehicles that cannot fit in a single parking spot, I ...
0
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1answer
77 views

In Canada when can the winning party recover legal and attorney fees?

I'm suspecting to have to take my ex-landlord to court. He's not giving back my damage deposit or prorated rent. Would I be able to get reimbursed for legal fees or attorney fees if I win? Since I had ...
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1answer
217 views

Accidentally took something wasn't mine. Can I get in trouble for returning it?

I recently moved out of a shared living accommodation. After moving out someone complained that the (shared) glove for removing hot items from the oven was missing. I had my own glove that I took and ...
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1answer
19 views

Does Ontario's Residential Tenancy Agreement include a term that makes the Agreement subject to the mortgagee or chargee’s prior consent?

My dad visited Hong Kong recently and was unnerved to learn that the HK gov't hasn't standardized a residential leasing form: The laws governing residential tenancy agreements are far looser than ...
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1answer
69 views

Car runs worse since repair after shady dealer interaction

I got some spark plugs replaced on my car, which I got quoted cheaper than the cost of parts due to an error in the dealership's system. The labour was supposed to be quoted for 3-4 hours plus the ...
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2answers
49 views

Who would I report these bylaw infractions my landlord made to?

I am living in a shared house with the lease holder. I suspect the lease holder has broken several laws. He has rented out a storage space as a bedroom. It has no windows or door and I believe this ...
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0answers
25 views

What kind of contract should one have when living in home shared with lease holder?

Where I live the following setup is becoming increasingly popular: Someone signs a lease with the homeowner. There are several bedrooms available in the home. The leaseholder has roommates live with ...
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2answers
80 views

Court order on selling property

I am trying to remove my name from mortgage (Canada, Ontario), my ex husband is not really helpful and self-employed. I am thinking of going to get court order on selling our property. We signed (...
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0answers
57 views

Can I obtain British/Swedish citizenship via grandparents?

Grandfather was Swedish, grandmother was British. They moved to Canada and got married in Canada and had my Dad. They divorced and grandmother moved back to UK. Unfortunately my own deceased parents ...
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1answer
129 views

Can I be required to take a 2 hour unpaid break?

I live and work in BC but my work contract says it's to be interpreted by the laws of Ontario. I have a shift scheduled where there is an unpaid 2 hour break in between. So for example I work 9AM-1PM ...
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1answer
90 views

Can lease holder physically remove my items from home without judges order?

I live in a shared home and pay rent to the lease holder. He doesn't want me to live here anymore. The leaseholder basically said he has the right to kick me out whenever he wants and to remove my ...
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0answers
37 views

Criminal case or civil case?

When my ex and I split up I had to leave my Ebike behind because my vehicle was full. While leaving I told my ex-partner I would return in three days to pick up the rest of my things. Three days later,...
2
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1answer
121 views

I don't have a lease and my landlord is threatening to kick me out immediately

This is embarrassing and I realize I should have done things differently. I live in a shared home and pay rent to the lease holder. He doesn't want me to live here anymore and has given me a few days ...
3
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2answers
115 views

Appeal from a verdict of acquittal in Canada

Supreme court of Canada: R. v. Jarvis This seems to say that the Crown appealed from a verdict of acquittal in a criminal case. It is reported to be a judge, not a jury, that acquitted the defendant. ...
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0answers
29 views

Do I have to pay taxes on external savings?

I am thinking about moving to Canada to work, save for retirement, and move back to Portugal for retirement because of the lower cost of living. I will contribute to the Canada Pension Plan and also ...
0
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1answer
51 views

Legal exposure in publishing stock predictions

I was told that there might be legal aspects that I'm not aware of so I'm asking this question. Since late November two AIs I've built have been generating predictions about stocks found on the ...
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0answers
21 views

How long can a rental office take to process my application (while holding my deposit)

I applied to rent an apartment in Ontario, Canada, and as part of the application package I was required to give a deposit of 2 months rent (by cheque). However, it has been 7 working days, and I have ...
2
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1answer
70 views

Does 'in writing' imply handwritten?

My rental contract states that I need to give notice 'in writing' to my landlord prior to ending my tenancy. I'm new to legal terms and the country, does this phrase imply the notice needs to be ...
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0answers
26 views

Legal Repercussions of Custodianship

In relation to this question - Financial responsibilities for Custodian of (minor) international student, I am in a situation where my wife has a good friend who runs a business. My understanding of ...
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2answers
118 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 ...
3
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0answers
67 views

If work must be paid in Canada, when/how is volunteer work allowed?

This is a bit of a follow up to Is it legal to work without pay - Canada? When is it legal to do something and not get paid (in Canada)? Where I live volunteer work is common (ranging from helping at ...
6
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1answer
101 views

I'm a Canadian Citizen and want to marry an American Citizen, but still live in Canada

I'm just wondering if I am able to marry an American citizen if I'm Canadian, and still reside in Canada, while he will still reside in USA. We are not able to move abroad for probably a few years, at ...
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0answers
167 views

Labour law on meal breaks in Ontario

This is for Ontario Canada, post-2019. I want to know exactly what the law is for breaks in Ontario. I understand that you are entitled to a half hour break for every 5 hours of work. (or two breaks ...
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2answers
45 views

How to find an information about corporate assets?

In continuation to my other question here. We are trying to prepare yourselves to file a lawsuit against one of the contractors who did a lot of damage during renovations. My question right now, is ...
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2answers
62 views

If a contract to purchase a home is modified after signing without a party's consent, will it be null and void?

My sister and I jointly submitted a bid to a house today for $580 000. After I signed the documents, she modified the bid to $600 000 without my knowledge. Now, in this case, neither she nor myself ...
1
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1answer
139 views

Is it legal for employers to ask for social media handles?

is it legal for employers to ask for social media handles in job application or pre-employment forms? If it is unrelated to the job? I understand for jobs like marketing, modeling etc. where a large ...
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1answer
21 views

Is it possible and how to get all the information on a corporation in Canada, BC

There is a super long story of how we ended up in this situation (in fact too long to describe here), but at the end of the day, one of the contractors who started doing renovations in our apartment ...
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2answers
55 views

Does a university have rights to an invention of product which was created during one's active enrollment?

lets say I have a product which I am the sole creator, and I intend to make a business out of this product. The idea / creation of this product came to fruition during undergraduate enrollment at X ...
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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 ...
1
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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 ...