Questions tagged [canada]

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

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5
votes
1answer
174 views

Does a store have to hire someone with conflicting views on the pandemic?

Suppose a store is considering an employee for hire when a social media review finds views that conflict with both prevailing governmental advice as well as the views of management. If the discovery ...
2
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1answer
113 views

Must there be a limit on late fees?

Generally speaking must late fees have some sort of cap or limit? For example if it were the libraries policy could they really charge $100 per day for unreturned books? A more realistic example, ...
2
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0answers
16 views

Can a civil action started under Ontario's Simplified Procedure be moved to Small Claims Court?

Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for ...
3
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2answers
102 views

Can an employee be penalized for missing work due to medical appointment?

Can an employer discipline an employee for taking time off work for a medical appointment? What if the employee is still on the probation period? I won't get into specific details, but a somewhat ...
0
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2answers
264 views

Can employer deduct minutes worth of pay for clocking out few minutes early?

I started working in a retail store. We are scheduled to work for 30 minutes after the store closes to finish the closing procedures (such as turning off lights, locking doors etc). For example if the ...
3
votes
2answers
97 views

Which part of the Criminal Code does not apply in the territories?

The Criminal Code of Canada provides that Application to territories 8 (1) The provisions of this Act apply throughout Canada except (a) in Yukon, in so far as they are inconsistent with the Yukon ...
4
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1answer
225 views

Must an employer provide a break room/lunch room to its employees?

I started working in a retail store. It has no lunch room, break room, or a place where employees can sit comfortably to relax. In practice there's a storage area where people use bins to eat their ...
2
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1answer
138 views

Can an employee be disciplined for breaking a rule that is clearly not usually enforced?

I started a new job working in a retail store. The employee handbook has several official rules and policy which are clearly not enforced. For example no dogs in the store no cellphones at work ...
4
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1answer
45 views

Does this devotion clause mean I cannot work on personal commercial projects (or a registered business)?

As an engineer, I would like to make sure that I can work on side projects, and have the right to commercialize it; that is publishing on the app store as a paid app, or hosting on the web with a ...
0
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0answers
89 views

Can a roommate be kicked out for being racist towards another roommate?

I share a rental unit with two other adults. We each have individual leases. One of them (call her Jane) is racist towards the other (call him Joe). They got along fine at first. Then suddenly Jane ...
1
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1answer
74 views

In a Payment Hearing, what is the protocol for creditor asking debtor questions? What if he believes the reply was invalid?

At a payment hearing called by a creditor on a debtor, the debtor has the uncanny ability to avoid answering questions or gives misleading answers. I understand in the payment hearing the creditor can ...
6
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0answers
175 views

Are Ontario municipalities allowed to stop issuing marriage licenses during COVID-19?

Some Ontario cities, such as Waterloo say on their website: "Due to COVID-19, marriage licences will be suspended until further notice." Here is a screenshot, in case the website changes. ...
1
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1answer
90 views

When does "forced flex time" become "unpaid overtime"?

Jurisdiction: Ontario, Canada. Facts: Salaried employee. Employer has made it very clear that working hours are strictly 9:00 - 12:00, 1:00 - 5:00. No flex. Clients often request services outside of ...
1
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2answers
48 views

Question about corporations established through legislation in Canada

PART I of BILL C-93 from February 1997 described the establishment of a corporation and some definitions related to it. The concept of a corporation being established in legislation is new to me, so I ...
1
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1answer
63 views

How to serve a summons to payment hearing to a debtor?

Must the creditor personally serve the debtor face to face? Is it OK to put the document inside a regular envelope and must the envelope be labelled with anything? Must the creditor say anything to ...
2
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1answer
61 views

How is interest calculated on a debt?

For the notice of payment hearing forum it has a section for "payment order" and "interest". How is interest calculated? What percent is it? What time does it start counting from, ...
1
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1answer
98 views

What happens if someone moves home to avoid a payment hearing?

If legal action has been started against someone, what happens if they move homes? For example, if an order for a defendant to pay someone money is made, what would happen if they just moved homes so ...
5
votes
1answer
284 views

Paying material and labour costs v. full quote

I was given a quote by my contractor (approx. 30K) which included both a labour component (18K) and a material component (12K). However, for various reasons he insisted I pay for the material myself, ...
0
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3answers
145 views

Street signs and bylaws -- what matters more?

The question is specifically about a situation in Canada (province Ontario, city of Toronto), but other common law country view would be useful. Suppose there is a municipal bylaw that prohibits ...
4
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1answer
505 views

I murder someone in the US and flee to Canada. If Canada refuses to extradite do they then try me in Canadian courts

The murder is committed on US soil. the fugitive flees to Canada. The US requests Canada arrest the fugitive, which they do. US requests extradition. Canada refuses because US has capital punishment. ...
0
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1answer
52 views

How to have a provincial court order enforced? What are the pros/cons of the different ways?

Follow up to How does someone file an order with the Provincial Court to have it enforced? If a plaintiff received a validated order from the Civil Resolution Tribunal, then filed it with the BC ...
2
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1answer
59 views

May an employer legally terminate a contract, should the planned funding supporting that contract cease to exist?

A Canadian university issues job offers for its post-doctoral fellows according to a template in which one reads: This appointment is a term appointment from [date] to [date], and is funded, at least ...
1
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1answer
63 views

How does someone file an order with the Provincial Court to have it enforced?

Once a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has a validated copy of the order. I know one needs to go to the ...
0
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1answer
60 views

Can Company Profits Be Split Equally Amongst Two Partners With Different Shares?

I intend to create an 'inc.' moral entity in Quebec, Canada (corporation). Can I own 75% of the shares while splitting profit 50/50 with my partner? (In a legally binding manner)
1
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1answer
107 views

A deceased signed a car loan on behalf of a relative with poor credit- what happens?

Albert signed a car loan on behalf of his son, Bob as Bob had poor credit. Bob drove the car and paid the repayments, though was not mentioned on the loan. Albert dies. What rights does the bank have ...
1
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0answers
21 views

Product use documentation and company customer service info conflict, which info is the company liable for?

In Canada (Ontario) a customer buys a product manufactured by company A. One of the components of the product is produced by a third party (company B) and has a label stating the limitations of this ...
0
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1answer
68 views

How to file a lawsuit against a Canadian national from the UK? [closed]

My uncle is a British national. Around 8 years back he helped his distant relative living in Canada who was in a financial difficulty by giving him a loan of approx £30K with an agreement that he will ...
0
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2answers
628 views

Is it legal for a company to upsell a customer for paid warranty, even after the customer refused this warranty multiple times?

Linus Tech Tips, a Canadian tech Youtuber, recently did a secret shopper gaming PC series. In the 4th and last video (https://youtu.be/Go5tLO6ipxw?t=114), he explains how the first system seller they ...
0
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1answer
33 views

Confused as to the waiting period required after getting an order

A default judgement was awarded. It seems there are contradicting orders in how much time one must wait to get it enforced: As set out in 58.1 (3) of the CRTA, a part may only enforce this order if ...
0
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0answers
43 views

In Canada and the US, is there a public hotline to call the government and ask whether something is legal? [duplicate]

This question might seem absurd. But is it possible to just call some government agency and directly ask them if a law applies to them or their business? Or does the government's responsibility end ...
1
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1answer
62 views

How/where to find precedent civil cases (Canada)?

I am interested in learning about some civil cases that happened in the past. What are the resources that one could use to find thematic breakdown of such cases? For example, where would I be able to ...
3
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1answer
990 views

Can someone sue me for not giving back the amount of money they gave me as a gift?

I was given an amount of money (less than 2,000$ CAD) as a gift from someone with her confirmation (by message and on paper). At first, I told her that I would accept the gift, but in the future, if ...
1
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1answer
43 views

Is evidence submitted in writting that came from a third party, hearsay?

I have a Dispute scheduled with my ex-landlord. Among other things I alleged that he infringed upon my Quiet Enjoyment by routinely pressuring me into moving out with in person meetings. The landlord ...
1
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0answers
36 views

What steps must an employer take to keep health information confidential?

I asked this on workplace but perhaps it's a better fit here. With my job we are required to get COVID testing frequently. They normally hire different labs to do the testing so each time there's some ...
0
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0answers
23 views

Since I am unemployed, can I get PR card any faster?

I arrived in Canada on a closed work permit (on GSS) but was terminated in less than a year because of the pandemic. I appeared for IELTS over and over again, and eventually got picked up in express ...
1
vote
2answers
121 views

Can an employment contract exclude "reasonable notice at common law"?

In an employment contract, is this enforceable? The Company may terminate your employment at any time, without just cause, by providing you with the minimum notice or pay in lieu, that you are ...
2
votes
4answers
160 views

Bob occupies Anna's parking lot. How could Anna prove it?

Anna owns a parking lot. However Bob frequently uses it as his guests' parking lot for two years. The average rental rate for a parking lot is about $40 a month, totaling about $1000 for the two years ...
1
vote
2answers
43 views

In BC, Canada, may an adult seek & receive a Protection Order if the respondent is the mother of the petitioner but the parties do not live together?

(N.B. I've never studied the Canadian legal system, I'm not Canadian, I don't live in Canada, and I've never been to Canada. But I like cheese curds.) In a nutshell: what I want to know (...
-4
votes
1answer
45 views

New landlord in need of guidance about tenant cleaning up property and also installing a fence for privacy In Ontario Canada

New landlord in need of guidance please. I am a new landlord who owns a duplex and is wanting to get the tenants to clean up all junk off the property outside first of all then I would like to build a ...
1
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2answers
154 views

In Canada, can a jury convict you of a crime that wasn't oringially charged?

Can you be charged with one crime, but convicted on a different crime? For example, could one be charged with first-degree murder, but be found guilty by a jury of second-degree murder? Could one be ...
0
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1answer
43 views

Can someone from a non-English speaking country and university apply for universities inside Canada or US without TOEFL or IELTS? [closed]

Someone at OneKeyVisa immigration agency told my friend that she can apply for and get accepted to US universities and get her Student Visa without any English test scores and then request some ...
1
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1answer
75 views

What happens when a Canadian not-for-profit organization does not comply with its own by-laws?

When I search "by-law Canada" in Google, everything I get is about "municipal by-laws" such as as the first result which is the website of a law firm that explains what municipal ...
1
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1answer
85 views

Playing copyrighted music legally -> personal and small group usage

I play guitar. I just want to know what is legal or not regarding my playing copyrighted music. I understand that performing in public (whatever that means!? Formal event? More than just me? Other?))...
2
votes
2answers
303 views

Blackmail is illegal. But how is that enforced pragmatically?

I am a total layman and I don't have any experience in the field of law. Please keep this in mind when responding to this question. Obviously blackmail is illegal. However, I have always wondered how ...
3
votes
1answer
116 views

Why was no constitutional amendment needed to change the rules on succession to the Canadian throne?

In 2013 a statute altered the rules on succession to the throne in Canada. (Specifically, if a woman is the eldest child of the monarch then she inherits the throne upon the monarch's death even if ...
3
votes
1answer
133 views

Can an employer force me to quit my old job, claiming it's a conflict of interest, if I never agree to it in an employment contract?

This question is about when is something legally binding. Say I am an interview for a new company. They advise me that continuing to work for my old one (even on a part-time basis) would be a conflict ...
0
votes
1answer
93 views

Is it legal to pick locks to gain access to an area you're allowed to be in, in Canada?

After a bit of discussion regarding my answer for this question in the Workplace Stackexchange, I got to wondering: Is it legal to pick a lock to gain access to an area you're authorized to enter in ...
6
votes
1answer
927 views

Employer suddenly decided to use finger prints for clocking in and out. Can I refuse?

I work in a retail store with about 20 staff members. Usually 3-8 work at a time. The job isn't meant to be permanent and pays close to minimum wage. All of a sudden they are adding a fingerprint ...
0
votes
1answer
72 views

Canadian consumer law. Invoiced for a fee I didn't agree on

I signed a contract with lawyer. In this contract, some fees were specified to be paid at agreed conditions. Any other fees, beyond the scope of a contract, were to be negotiated and agreed on in a ...
0
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1answer
12k views

Is the act of receiving a 'happy ending' illegal in Canada?

https://www.cbc.ca/news/canada/montreal/massage-therapist-s-happy-endings-incident-spurs-federation-to-take-action-1.4659016 In the recording of the interaction at the Kirkland police detachment, the ...

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