Questions tagged [canada]

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

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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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2answers
871 views

Is it illegal to view voyeur videos

I basically have 3 questions 1) Is it legal to view voyeuristic videos of women changing or showering that were filmed without their consent on the internet as long as the woman in question is over ...
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1answer
90 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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16 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
76 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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3answers
304 views

Does a non-competition clause bond me to a minimum term of employment?

I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines: He or she agrees ...
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2answers
95 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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178 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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101 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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2answers
118 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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1answer
192 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
188 views

Does a cash-less place have to accept cash if other payment option failed?

I had it happen to me a few times that my credit card was blocked or deactivated by the bank without letting me know, and I only that found out while trying to pay. To counter that I always carry some ...
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1answer
94 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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1answer
119 views

What questions can be asked in interview? Can questions that can be used to illegally discriminate be asked?

I'm part of a group that gets job openings for short term contract gigs, often done in retail environments. During the interviews or online application process, a lot of companies ask for rather off ...
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2answers
118 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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2answers
57 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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37 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
42 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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3answers
342 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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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?
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144 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
434 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
178 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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1answer
38 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
89 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
141 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
266 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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1answer
351 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
102 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 ...
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1answer
128 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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91 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
442 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
46 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 ...
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1answer
78 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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2answers
111 views

Public figure status in Canadian defamation law

Earlier this month the controversial professor Jordan Peterson of the University of Toronto became the plaintiff in a slander suit against a professor at Wilfred Laurier University. If this were in ...
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1answer
572 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
91 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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1answer
68 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
76 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
161 views

Is it illegal to post an “owner is armed” sign in Canada?

I've been watching a TV show about border security in Canada and in the episode a border officer mentions that posting an "owner is armed" sign inside your vehicle is illegal. Is this true and if so, ...
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1answer
76 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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3answers
384 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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2answers
104 views

Is there a recorded instance of Canada refusing to enforce a USA court order?

Has there been a case where a Canadian court refused to enforce a court order from the United States?
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107 views

What're the drawbacks of uniformising the names of Canada's Superior Provincial Courts?

Source: Introduction to The Study of Law (8 edn, 2016), p. 103 Top. SUPERIOR PROVINCIAL COURTS   The key to the Canadian court system is the superior court of general jurisdiction in each ...
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1answer
117 views

Opening a daycare near previous employment

Location: Canada, Ontario Background: A friend got a one-year contract to work at a daycare from June 2017 to June 2018, but was let go after working two months. Key things on the employment ...
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1answer
138 views

I made a software version of a semi-popular board game for free. Is that legal? [duplicate]

All the code is 100% my own - I made it for practice, and to showcase my abilities to potential employers. To facilitate this, I want to release the code open source on GitHub. I credit the game's ...
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1answer
17 views

Why would I need a section 85 roll over in Canada during incorporation?

I want to incorporate in Canada, and a law student told me I should do a "section 85 roll over" to transfer the cash I want to use to operate my corporation. its not a lot of cash, just 40-50k, but ...
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1answer
109 views

Can you escape a contract if a business mistreated its other customers?

My dad with severe mental illness bought an airline ticket. The airline then maltreated passengers, which caused him to choose to not fly the return leg. Is the airline obligated to return half of his ...
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1answer
248 views

Must you stop walking if a police officer wants to talk to you?

I know a person has a right to silence and not to answer an officers questions. But can the officer keep trying to talk to you to prevent you from carrying on your way? Yesterday a police car pulled ...