Is that Legal? A Public Legal Ed Quiz

Housing Law

100

I gave notice that I am moving out and my landlord tells me she is keeping my security deposit because she needs to repaint my apartment after I move out. I was expecting that to be my last month’s rent. Is that legal?

The law says that landlords cannot ask for a damage deposit or use a tenant's last months' rent deposit to pay for damage. Find out more at: The Your Legal Rights website.

200

I'm looking for an apartment and my landlord says he doesn't rent to people on welfare. Is that legal?

No. It is against the Ontario Human Rights Code to discriminate against a person in respect of their housing simply because they receive social assistance. For more information visit: http://yourlegalrights.on.ca/common-question/84407

300

I have a friend who would like to take over my lease but I don't want to deal with my landlord. My friend plans to just start paying the rent. Is that legal?

No - You should ask the landlord for permission to "assign" your place to your friend. It's best to do this in writing. If you don't get permission, your friend could get evicted. Find out more at: http://yourlegalrights.on.ca/common-question/82975

400

It's November and my superintendent won't turn on the furnace in my building. Is that legal?

No - Your landlord has to make sure your place gets enough heat. Most cities and towns in Ontario have by-laws about the minimum temperature that must be maintained. Usually this means there must be enough heat to keep your apartment at least 20°C from September to June. If there is no by-law where you live, then the provincial standards apply. Find out more at http://yourlegalrights.on.ca/common-question/82698

500

My landlord is always letting himself into my place to do repairs or to "check" on something. He says he owns the place he doesn't need my permission to go in. Is that legal?

Partly - If your landlord wants to come in to do repairs or to check if anything needs fixing, he does not need your permission - but he has to give you at least 24 hours' notice in writing, and he can come in only between 8 a.m. and 8 p.m. unless it's an emergency. Find out more at: http://yourlegalrights.on.ca/common-question/82696

Family Law

100

I have sole custody of my daughter and I have re-married. Can I make a will to ensure that my new spouse will get custody of my daughter in the event of my death?

Not necessarily. If you have sole custody, your will can say who will have custody of your child for the first 90 days after your death. The person you choose, or anyone else, can apply to court to have custody after that. Find out more at http://yourlegalrights.on.ca/common-question/85166

200

I pay child support for our two children. Now that they are teenagers, they don't need it anymore so I am going to stop. Is that legal?

Probably not - Child support must be paid as long as a child remains dependent. In most cases, a dependent child is any child under the age of 18. Find out more at: http://yourlegalrights.on.ca/common-question/82895

300

I am behind on my child support payments and now my ex says I can't see the kids until I'm all paid up. Is that legal?

No, the right of your children to see you, and you to see them, cannot be denied because you haven't paid support. If you continue to not pay the full amount, your ex has other ways to enforce payment. Find out more at: http://yourlegalrights.on.ca/common-question/82702

400

My girlfriend and I are living together and hope to have kids, but we don't want to get married. Our friends told us it doesn't matter because once we've been living together for three years, the law treats us the same as if we were married. Is that true?

Partly - Most laws treat unmarried couples the same as married couples. But how long you must live together before being considered spouses is different for different laws. In many Ontario laws, it is 3 years, and in many federal laws it is 1 year. And if you have a child together, you are usually considered spouses no matter how short a time you have been living together. But some laws are very different for married or common-law couples. For example, when common-law couples separate there is no automatic property division like there is for married couples. Also, common-law spouses do not automatically inherit anything if their spouse dies without a will. Find out more at: http://yourlegalrights.on.ca/common-question/82701

500

My new wife and I are expecting twins so I plan to reduce my child support payments to the child from my first marriage. Is that legal?

No. If you have an agreement about child support, you cannot change the amount unless you both agree or you goes to court and a judge decides to change it. Find out more at: http://yourlegalrights.on.ca/common-question/82700

Consumer Law

100

I got a gift card for my birthday 18 months ago and when I went to redeem it they said it had expired. Is that legal?

No - The Consumer Protection Act bans expiry dates and most fees on gift cards. The law does not apply to loyalty cards used to collect rewards or points, and does not apply to cards that are subject to federal law, such as prepaid phone cards. Cards or certificates that are redeemable for specific services, such as a massage at a spa, are also not covered. Find out more at: Your Legal Rights.

200

My gym sent me a renewal notice and I ignored it because I didn't want to sign up again. Is it legal for them to keep charging me?

It depends - All gym membership contracts must end after one year but if you received a renewal notice and did not respond to it, the club may have the right to renew and bill you under the renewed contract. Find out more at: http://yourlegalrights.on.ca/common-question/82824

300

I just got the final bill for my kitchen renovation and it is 25% over the original written estimate. Is that legal?

No - Under the law, the final price of the goods or services cannot be more than 10 per cent over the original estimate. If new work comes up, your home reno contractor should discuss it with you and you should be asked to approve a "change order" that includes the new work and a revised estimate to cover new goods and services. Find out more at: http://yourlegalrights.on.ca/common-question/82822

400

I ordered something on the Internet and it still hasn't arrived 2 months later. Do I still have to pay for it?

No - If a delivery doesn't arrive within 30 days of the promised date, you can cancel the contract by sending a cancellation letter. BUT you lose the right to cancel the agreement if you accept delivery after the 30 days. Find out more at: http://yourlegalrights.on.ca/common-question/82820

500

A collection agency has called me many times, even after midnight when we're all asleep. Is that legal?

No - The first step a collection agency must take is to send you a written notice in the mail. Then they must wait six days before they can contact you. After their first conversation with you, a collection agency cannot contact you more than three times in a seven-day period without your consent. Also, they can't phone between 9 p.m. and 7 a.m., not at all on statutory holidays, and only between 1 p.m. and 5 p.m. on Sundays. Find out more at: http://yourlegalrights.on.ca/common-question/82711

Health & Disability

100

Our Community Care Access Centre has cut back my mother's home care. Is there anything I can do?

Yes - First your mother can try to get the decision changed by following the CCAC's complaints process. Every CCAC is required by law to have one. Start by asking the case manager for a written explanation of their decision and a copy of the complaints process. If following the complaints process doesn't work, your mother can appeal to the Health Services Appeals and Review Board (HSARB). Find out more at: http://yourlegalrights.on.ca/common-question/85390

200

I want to get an HIV test but I don't want to give my name or personal information. If it's positive will my name be given to Public Health?

It depends - In Ontario, there are two ways to get tested for HIV infection: nominal testing and anonymous testing. Nominal testing means you are tested using your own name. If your nominal test is positive for HIV, the testing laboratory will report your HIV infection, your name, date of birth, gender, and contact information to Public Health. Anonymous testing means you are tested without having to give your name or personal information. If your anonymous test is positive for HIV, Public Health will be informed about the positive test but will not receive your name. If your anonymous HIV test is positive, you will be referred to a doctor for treatment. Before treating your HIV, the doctor will probably require you to take a nominal HIV test. If the result of this nominal test is positive, the lab will report your name and personal information to Public Health. Even if a doctor only suspects that you have HIV, they must report your name and personal information to Public Health. Only an anonymous test site can test you without your name. Your doctor may offer to test you using just your initials. This is sometimes called "non-nominal" or "confidential" testing. But if this test is positive, you will still be reported to Public Health. Find out more at: http://yourlegalrights.on.ca/common-question/82855

300

My friend lives in a long-term care home. The staff told me I can't visit because her daughter won't allow it and that they have to do what the daughter says because she is my friend's substitute decision-maker. Is this legal?

No - Your friend has the right to have whichever visitors she chooses. The long-term care home staff must respect her wishes about that, no matter what her daughter or anyone else may tell them. Even if your friend is mentally unable to make health care or personal care decisions for herself, she still has the right to visit with and communicate with anyone she wants. Find out more at: http://yourlegalrights.on.ca/common-question/82706

400

Can a doctor keep someone in the hospital for psychiatric assessment against their will?

Yes - By signing a Form 1, a doctor can have someone sent to a psychiatric hospital where they can be held for up to 72 hours for an assessment. A doctor can sign a Form 1 if he or she has examined you in the past 7 days, and believes that you need to be in the hospital for a psychiatric assessment because of the reasons listed in the Mental Health Act. If you are not already at a psychiatric hospital, the Form 1 gives anyone the right to take you there. For example, the police or your family could take you. Find our more at: http://yourlegalrights.on.ca/common-question/82856

500

I'm on ODSP (disability benefits) and I need to leave the Country to visit a sick relative in Florida. Do I have to tell the government?

Yes - If you are on ODSP and are required to leave the province for more than 30 days you need the permission of ODSP. If you do not receive permission, they can temporarily suspend your benefits after 30 days absence. Find out more at: http://yourlegalrights.on.ca/resource/84411

Human Rights

100

Because I am new to Canada, I have no credit rating. A landlord refused to rent to me because of this. Is that legal?

No. In this situation, the landlord may not have directly said that he or she would not rent to immigrants or other specific groups, but the credit rating requirement nevertheless is more likely to exclude certain groups such as immigrants or students. This is sometimes called “indirect discrimination”. Although most people think of discrimination as direct, unfair treatment such as openly refusing to rent to someone of a particular religion or ethnic background, discrimination can also happen in less direct ways. Find out more at: http://yourlegalrights.on.ca/common-question/85038

200

Can my employer force me to wear a uniform at work if it goes against my religious belief?

Probably not - Generally, unless there is a proven health and safety factor that cannot be accommodated without undue hardship to the employer, the employer cannot force you to wear clothing that would prevent you from observing your religion by, for example, wearing a hijab. Employers can have a dress code or rules about dress that meet the business needs of the organization, as long as they comply with the Ontario Human Rights Code. For example, the dress code should allow for religious head coverings to be worn with the uniform and ankle-length skirts should be provided as alternatives to pants for female employees who wish to dress modestly for religious reasons. Find out more at: http://yourlegalrights.on.ca/common-question/85037

300

Is it legal for a potential employer to decide not to hire me because I have a criminal record?

Yes - If you have a criminal record for which you have not received a record suspension (formerly known as a pardon), it is legal for an employer to refuse to consider you for the job on that basis. An employer can refuse to hire you even if, for example, you were convicted many years ago for a very minor offence but have not received a pardon. Find out more at: http://yourlegalrights.on.ca/common-question/85035

400

Can someone refuse to show me an apartment because they say it "isn't ideal for kids"?

No. To refuse to rent you an apartment because they prefer not to have children in their apartment building is considered discrimination based on “family status”. The landlord cannot refuse to rent to you because the unit is “too small” or because “this is a quiet building”, unless, by renting to you, the landlord would be breaking a local health and safety, or overcrowding by-law. Find out more at: http://yourlegalrights.on.ca/common-question/85034

500

I'm pregnant. Can I be fired because of this?

No. Pregnancy is not a reason for your employer to fire you. An employer who fires you because you are pregnant or because you might get pregnant is breaking the law. You may want to get legal advice if your employer has violated your human rights by discriminating against you because of pregnancy. Find out more at: http://yourlegalrights.on.ca/common-question/82687