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Questions tagged [ontario]

The Canadian province of Ontario.

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13 views

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

The standard Ontario residential tenancy agreement (http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?OpenForm&ACT=RDR&TAB=PROFILE&SRCH=&ENV=WWE&TIT=2229E&NO=...
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19 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
30 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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21 views

Does Limitations Act 2002 time-bar suing dealer that didn't disclose accidents to used car?

Let's assume the facts of this case similar to my family member's. Facts He bought a used car in 2011 for $10K from car dealership in ON. A month after, mechanical issues started in car. He paid ...
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91 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
38 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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13 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
28 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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44 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
88 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
78 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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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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25 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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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 ...
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1answer
85 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
77 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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42 views

Can employer require a different uniform/dress code frequently?

I do work where I go into different stores to promote various products. Normally they hire contractors to do this but the agency I'm working for right now has me as an employee. Depending on the ...
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153 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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45 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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159 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
185 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
136 views

Ontario non-compete clause: can new employer hide NCC requirement, until time of job start?

This is in Ontario, Canada in an IT company. Recently I have received a job offer from a US based company, at their branch in Ottawa. The company and I have been in discussion for weeks negotiating ...
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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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1answer
75 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
109 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
68 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
111 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
35 views

What might've spurred why default judgment can be signed against a defaulted defendant by plaintiff's claim, but not by defendant's claim?

From: Small Claims Court: Procedure and Practice (4th edn., 2017), p. 48. 'Rule' refers to the Rules of the Small Claims Court, O Reg 258/98. This post involves only liquidated claims. [p. 198:...
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1answer
76 views

Offering Non-Business Free WiFi - Legal Considerations?

Ontario, Canada. I'd like to operate an open, free WiFi hotspot for public consumption, not associated with any business. Per Wikipedia : In Canadian law, unauthorized access is addressed the ...
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1answer
548 views

Is a Lease Addendum Considered Separately from the Original Lease? (Ontario)

My original lease stated that the tenants were responsible for the utilities, but the landlord put out an addendum which I signed with the following wording: Not withstanding(sic) the lease rate ...
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2answers
57 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 ...
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1answer
26 views

Condo contract without record of it in the board minutes

In Ontario, if a previous board entered into a contract and there are no minutes showing a vote to accept it, can the corporation get out of the contract?
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1answer
149 views

What can I do about a landlord who falsely claims uncleanliness after I move out?

Two weeks after moving out, my landlord said that I was going to be charged $40 for cleaning fees. After several emails of me trying to ask him what I was being charged for, he claimed that there were ...
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2answers
150 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 ...
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2answers
336 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 ...
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4answers
261 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 ...
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1answer
51 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 ...
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1answer
68 views

Cost of preparing pleadings: Disbursement vs Fees

Source: Ontario Small Claims Court - A Practical Guide (2011). pp. 258-259. §14.15 "Reasonable disbursements" are to include the following, unless the court orders otherwise: p. 258 Bottom ...
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38 views

What might've spurred the demand of repeating facts in the Plaintiff's Claim, instead of referencing their paragraphs?

Source: Ontario Small Claims Court - A Practical Guide (2011). p. 166 Bottom. §8.34 It is essential for the drawer of the affidavit (who might be the plaintiff himself or his representative) to ...
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1answer
42 views

How can a sole employee allege 1. 'not acting in the course of employment' and 2. 'acting without real or apparent authority'?

Source: Ontario Small Claims Court - A Practical Guide (2011). I transcribed only the relevant of the entire Pleading (that I scanned). p. 82 Bottom - 83 Top The plaintiff, Samivel Veller, is ...
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1answer
59 views

Why'd a plaintiff sue in 1. the firms's name or 2. all partners' names, instead of always 3. suing in 1 and 2?

Source: Ontario Small Claims Court - A Practical Guide (2011), p. 29 Bottom - p. 31 Top. §3.17 By the same token, a partnership may be sued either in [1.] the firm name, [2.] in the names of all ...
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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 ...
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2answers
442 views

guest with tourette's syndrome and noise complaints [Ontario, Canada]

I have two tenants upstairs who live in rooms very close to each other - for privacy reasons I'll call them Left and Right based on their position relative to the staircase. Left frequently has a ...
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1answer
512 views

Can DNA on drugs be used as evidence even if the drugs weren't in anyone's possession at the time it was found? (Canada)

Can DNA found on drugs be used as evidence in court or is that unconstitutional? DNA can be transferred from different sources so it doesn't necessarily mean the DNA holder has come in direct contact ...
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1answer
77 views

Serving to a P.O. Box in Ontario

Assisting a relative with a small claims case (Ontario, Canada). We are to serve the defendant's representative (a paralegal) that is operating under a P.O. Box in another city. Are we legally ...
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1answer
23 views

Extensive Renovations during 60 days notice

I gave 60 days notice and the landlord seems to think they are starting extensive renovations during my 60 days. What rights do I have about not being disturbed and privacy and not having my ...
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1answer
32 views

Signing over intellectual property rights in Ontario

I have an employment contract to sign which contains a clause that states any intellectual property rights for things I produce outside of work will become property of the firm if it relates to their ...
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1answer
1k views

Is it legal for an employer to ask for SIN number over email?

I live in Ontario and recently my SIN Number changed. I notified my employer about the change and they asked me to email them the new sin number. I do not want to do so and I prefer to update my sin ...
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1k views

What is proper written notice under the Ontario Residential Tenancies Act?

Our landlord decided to take part in the large increases this past year, sending an email 3 days before the April 20 cutoff. Is email considered legal notice in Ontario? The tenancy act specifies "...
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1answer
24 views

Incorporating after receiving kickstarter funds

I am currently in the process of launching my first Kickstarter croudfunding campaign as an individual. I don't have a lot of money left, and I don't want spend it incorporating, especially because my ...