Questions tagged [ontario]

Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the Canadian province of Ontario.

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4 views

Can I clear my record of a “pardoned” offence that was applied in error?

About 8-9 years ago, a stranger in my town, through utter coincidence and paranoia, decided that I was probably the person harassing his girlfriend online. So he asked the harasser if they drive my ...
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2answers
72 views

Is the date that you give notice the same as the date you are resigning from a job?

I am looking to give as much notice as possible to my current job that I have taken a role at a new company. However, my current contract states: If you resign from your position or you are terminated ...
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2answers
64 views

Cut off from a easement right of way through severance? 1.0.3 Division of Dominant

I've made a little video of my question since I think its best drawn out to understand my question fully. I will try to explain it quickly via words but best to review my video. There was a parcel of ...
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3answers
267 views

My fence is almost 2 feet inside my property line. Can my neighbour restrict me from accessing that 2 feet in Ontario Canada

The fence was here when I bought. My neighbour bought just after me. We haven’t been here a year yet. She just had her property surveyed and the fence is inside my property line. My property actually ...
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1answer
87 views

Where is the line between a breach of ToS, a tort, and a crime regarding use of a site?

It does not seem to be clear what the difference is, because of the language of the CFAA. Which of these can be categorized in each of the categories above (in increasing order of severity)? Using a ...
5
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1answer
260 views

A car rental company automatically pleads guilty, and pays a fine without letting me defend myself. Am I liable?

I live in Toronto, Canada. I use Enterprise CarShare. All dates are in 2021. My case can be distinguished from Can a rental car company require you to forfeit your right to fight a fine? was asked ...
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45 views

Is repairing dealership cars in Ontario illegal without mechanics license? [duplicate]

I want to start a car dealership in Ontario, Canada. Some of the cars I will be selling will need to have minor repairs done that I can do myself to pass safety (brakes, oil, lightbulb, etc.). I do ...
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1answer
60 views

In Toronto, can a security guard withdraw the yellow parking violation notice he issued?

A security guard, not a police or Parking Enforcement officer, issued a yellow parking violation notice in Toronto. Does he have the discretion to withdraw or retract it? He alleged that he can't — ...
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1answer
49 views

What are the Defences to a yellow parking violence notice in Toronto?

Three days ago, I got a yellow parking violation notice. I don't want to divulge my case's fact pattern to protect privacy. Suffice it to say that I was with my elderly mom in the car, who has many ...
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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 ...
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1answer
47 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 ...
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180 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. ...
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1answer
96 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 ...
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3answers
146 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 ...
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1answer
50 views

In Ontario Canada, are dates (day, month, year) solicitor-client privileged? [closed]

Are dates redacted on a document, solicitor-client privileged? Please support your answer with legal authority. If the answer differs by Canadian province or territory, I'm asking for Ontario.
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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 ...
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1answer
105 views

I sued a corporation that declared bankruptcy, but it got acquired. Can I claim from acquiring corporation?

I hope you're safe and good in pandemic. In Dec. 2019, I filed claim online with Ontario Small Claims Court against Barrymore Furniture Co. Ltd. for $7000. Just ask if you want me to summarize ...
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119 views

Did lawyer breach LSO Rules of Professional Conduct, by falsely accusing me of attempt to evade her obligation to exhaust her administrative remedies?

I am self-representing in Ontario Small Claims Court. Defendant is car dealership. Defendant's lawyer wrote this in Defence. CLAIMANT FAILED TO EXHAUST ADMINISTRATIVE REMEDIES The Claimant ...
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2answers
110 views

Did lawyer breach Law Society of Ontario Rules of Professional Conduct 7.2-2, by requesting dismiss because I picked another close jurisdiction?

I self-represent in Ontario Small Claims Court. When I filed Form 7A (Plaintiff's Claim) online, I relied Superior Court of Justice map. Screenshot got no "Richmond Hill". Thus I picked ...
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48 views

Can I refuse to tell Ontario Trial Judge my employment or daily life?

I'm Plaintiff in Small Claims Court case in Ontario Canada. Defendant filed Defence. If we don't settle after Settlement Conference, then we Trial. I read Charter Basics | Your Right to Silence ...
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1answer
157 views

Can I refuse to tell Settlement Conference Deputy Judge my employment or daily life? [duplicate]

I'm Plaintiff in Small Claims Court case in Ontario Canada. Defendant filed Defence. So Settlement Conference coming up! I read Charter Basics | Your Right to Silence What is the Right to Silence? ...
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61 views

Can accessory buildings under 108 square feet have a basement in Ontario?

I'm looking to build a small bunkie in the forest behind my cottage. I've been reading the bylaws, and it looks like I can come up with a pretty usable space by including a loft with a less than 6 ...
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1answer
233 views

I gave my landlord my a N9 form to end a 1 year lease due to allergies and she is refusing to accept it. Is that illegal do I have recourse with LTB?

I have a one year lease, I've only lived in the unit for 2 months. My landlord has lied to me multiple times by making verbal agreements then going back on them. Her lies included other tenants and ...
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0answers
72 views

Employer Terminated employee during covid-19 crises

From the past six months, I was working for a tech company as an Independent Contractor in the province of Ontario. The contract states that "At the end of the ninety-day probationary period, the ...
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2answers
5k views

Can my accountant bill me for previous work he agreed to perform for free?

Context I can provide more context to the story (question), but I also want to keep it short. I have been paying my accountant for helping with my corporate taxes for the last 4 years in Toronto. I ...
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0answers
81 views

charged with assault, charter right sec 10(b) violated

This is in Canada. Police laid an assault charge against me after my wife called 911 during our quarrel, she was in baby blue. While in the police station, the officer prepare some paperwork for me ...
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1answer
80 views

If a customer doesn't have money on them, is there way to put down their information so that they pay later for what they took?

I want to sell articles of clothing but it is possible that the individual doesn't have money on them. Can I put down their information and have them sign to where they can walk away with the article ...
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1answer
57 views

Canadian Lawyer Ethics

In Canada/Ontario, lawyers are bound by the Law Society of Upper Canada. Is there some specific statute/law/code that one can cite that prevents lawyers from harassing clients of the other party in ...
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1answer
71 views

Son opted out of uni insurance in 2016, but wasn't refunded. Student union and insurers are blaming each other. Who's liable?

Daughter graduated at a univ. in ON Canada in 2017. Each year that she attended, she opted out of the student union (SU henceforward)'s health insurance as mine covered her. SU confirmed each year ...
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1answer
197 views

Can my landlord force me to sign an agreement whereby I'd have to pay their legal fees?

Canada, Ontario: My landlord included this item in the additional terms for a lease they want me to sign: Tenants agree to pay all reasonable costs, Lawyer’s fees and expenses made or ...
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2answers
134 views

Ought store compensate me $100 for paying mover to return mattress of wrong size?

I bought a Full XL mattress and bed frame from a store in Ontario, but they delivered a California King – they contended they didn't have Full XL. I can't accept the King as it won't fit in bedroom! I ...
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59 views

does the phrase below mean a 'No Comment' notification must be received?

Project Co shall implement the plan submitted in accordance with Section 4.6(a)(iii) upon receipt of a NO COMMENT notification from Contracting Authority, in accordance with Schedule 10 - Review ...
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104 views

What happens in Ontario if the tenant does not move out at the end of the term?

The standard Ontario residential tenancy agreement states: The tenant does not have to move out at the end of the term. See Parts C and D in general information. However, Part C just states that: ...
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27 views

Can I serve claim by email, if defendant agrees to email back to confirm reception?

I'm actioning against a car dealer in GTA in ON. I can drive to it and serve them in person, but of course I prefer email — I don't want to go back to the "scene of the contractual breach and tort"! ...
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1answer
475 views

Question about Ontario N9 form

A tenant provides an N9 form to a landlord (http://www.sjto.gov.on.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N9.pdf), a tenant's notice to end the tenancy, on November 5, 2019 ...
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1answer
163 views

A lawyer ignored key evidence. Reasonable for me to complain to the Law Society of Ontario?

I don't want to be identified or give out too many details. Thus let's assume the facts of this case. Mine is pretty similar. He bought a used car on 5-30-2011 for $10K from a Toyota dealership ...
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1answer
43 views

How can I confidentially adduce illness to just the defendant and ON Small Claims Court judge, but not have it publicized?

I bought a used car in 2011. I want to adduce my illness to justify why I didn't discover evidence of false, misleading representations until 6 years after (in 2017), under the discoverability ...
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16 views

Can former residents of Ontario drive in Ontario with a foreign license?

Under HTA 32(1), No person shall drive a motor vehicle on a highway unless the motor vehicle is within a class of motor vehicles in respect of which the person holds a driver’s licence issued to ...
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1answer
63 views

How inherited Property Assets Split in a Divorce in Ontario, Canada

I cannot find any detains on how Ontario law Deals with the splitting of assets in a divorce. I am specifically interested in if their are any exemptions to inherited family property (a farm owned by ...
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0answers
59 views

Must employer give 2 weeks work if work is shift work and employee gave notice

I work for a company that periodically asks employees what their availability is and assigns shifts based on that. The calendar with the shift information is about at it's end and a new one hasn't ...
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1answer
155 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. ...
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1answer
4k 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 ...
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0answers
102 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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54 views

How do you get an "uncertified copy of birth registration" certified?

I received an "uncertified copy of birth registration" from the Registrar's office. It looks just like a regular photocopy. I need it to be certified for other official government business. I simply ...
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1answer
104 views

Is this a violation of workplace law?

At my workplace, we can get paid for a maximum of 15 hours per week (they refuse to pay us anything beyond that), however, they indirectly expect us to work more than that (by giving us tasks, and ...
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2answers
114 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
263 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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1answer
59 views

Artificially lowering home purchase price on paper (Ontario Canada)

In Canada, a mortgage lender will give you a higher interest rate for purchase prices over the $1,000,000 mark. Assuming you agree to purchase a home from a seller for $1,200,000, is it legal to agree ...
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2answers
2k 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
319 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 ...