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TEST BANK
Contemporary Canadian Business Law
12th Edition By John Willes Chapter 1 to 35
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TABLE OF CONTENTS
PART 1 THE LEGAL ENVIRONMENT FOR BUSINESS
Chapter 1 The Law and the Legal System
Chapter 2 The Judicial System and Alternative Dispute Resolution
Chapter 3 Business Regulation
PART 2 THE LAW OF TORTS
Chapter 4 Intentional Torts
Chapter 5 Negligence and Unintentional Torts
Chapter 6 Special Tort Liabilities of Business Professionals
PART 3 THE LAW OF CONTRACT
Chapter 7 An Introduction to Contracts
Chapter 8 The Requirement of Consideration
Chapter 9 Legal Capacity to Contract and the Requirement of Legality
Chapter 10 The Requirements of Form and Writing
Chapter 11 Failure to Create an Enforceable Contract
Chapter 12 The Extent of Contractual Rights Chapter
13 Performance of Contractual Obligations Chapter
14 Breach of Contract and Remedies
PART 4 THE LAW OF BUSINESS RELATIONSHIPS
Chapter 15 Law of Agency
Chapter 16 Law of Sole Proprietorship and Partnership
Chapter 17 Corporation Law
Chapter 18 Securities Regulation
Chapter 19 Employment and Labour Relations
PART 5 THE LAW OF PROPERTY
Chapter 20 The Law of Bailment
Chapter 21 The Sale of Goods
Chapter 22 Interests in Land
Chapter 23 The Law of Mortgages
Chapter 24 Leasehold Interests
Chapter 25 Commercial and Residential Real-Estate Transactions
Chapter 26 Intellectual Property, Patents, Trademarks, Copyright and Franchising
PART 6 SPECIAL LEGAL RIGHTS AND RELATIONSHIPS
Chapter 27 Consumer-Protection Legislation
Chapter 28 Law of Negotiable Instruments
Chapter 29 Security for Debt
Chapter 30 Bankruptcy and Insolvency
Chapter 31 Insurance Law
Chapter 32 Restrictive Trade Practices
Chapter 33 International Business Law
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Chapter 34 Environmental Law
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Chapter 35 Privacy Law
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Ch01 Key
1.
Maxine, an accountant annoyed with her employer for telling her that her work was substandard,
created a computer virus that would erase key accounting data if Maxine's name was removed from the
payroll. This is a crime under the Criminal Code. If Maxine is caught, she will be
A. prosecuted by the Crown because the Code is public law.
B. sued by the Crown because the Code is private law.
C. sued by her employer under the Criminal Code because it is a civil law matter.
D. sued by her employer under the Criminal Code because it is a private law matter.
E. prosecuted by the Crown for breach of the Civil Code.
Difficulty: Easy
Willes - Chapter 01 #1
2.
The federal government placed new legislation before Parliament regarding the regulation of
telecommunication companies. Which of the following statements is not true?
A. This proposed legislation is called a "bill."
B. This legislation must be brought before the House of Commons three times and then it will be law if
it is passed.
C. Once the proposed legislation has been passed by the Parliament of Canada; it must be given royal
assent and be proclaimed.
D. Once the proposed legislation has been passed by the Parliament of Canada it can be amended by
another statute.
E. All of the answers are correct.
Difficulty: Moderate
Willes - Chapter 01 #2
3.
The Simpson brothers have applied to the Liquor Licence Board of the province for a wine and beer
licence for their new restaurant. Which of the following is not true?
A. The board is an administrative tribunal, not a court of law.
B. The decisions of the board become part of the administrative law of the province.
C. Agencies and boards such as this one are part of the expanding government regulation of private
citizens and businesses.
D. The Simpsons will deal with civil servants rather than elected representatives while applying for
their licence.
E. The right to make its own rules and procedures is delegated to the board, but these are subject to the
approval of the provincial legislature.
Difficulty: Challenging
Willes - Chapter 01 #3
4.
The government of the province has introduced a bill into the legislature to make the recycling of
household garbage mandatory. Once it has passed third reading, the next step is that it must be
A. sent to the relevant committee for clause-by-clause study.
B. given royal assent by the Lieutenant-Governor.
C. debated in principle by the members of the legislature.
D. sent to the Senate for approval.
E. amended and prepared for its final reading.
Difficulty: Easy
Willes - Chapter 01 #4
5.
When judges apply the principle of stare decisis in deciding a case before them they are, in effect,
applying the
A. substantive law.
B. doctrine of precedent.
C. principles of equity.
D. rules of public administrative law.
E. doctrine of precedent and substantive law.
Difficulty: Easy
Willes - Chapter 01 #5
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6.
The Big Time Construction Company is erecting a large office tower for a major commercial property
developer. In the course of construction, a dispute arises as to the timing of cash advances from the
developer to finance the next stage of construction. The parties had executed a contract between them
which stated that each cash advance from the developer would be provided to the builder after the work
on the previous stage had been completed and inspected by the developer. The builder now says that the
developer is delaying the inspections and that it cannot carry on to the next stage without
the cash advance. The developer says that the builder is deliberately delaying the progress of the
construction by not beginning the next stage while it waits for the inspection required to release the
next cash advance. The developer intends to take legal action against the builder.
A. The developer must use procedural law to sue the builder.
B. The dispute between the parties will be resolved by substantive law.
C. The contract which the parties made will be interpreted by private law.
D. The court will reach a decision in the case using administrative law.
E. All types of law except administrative law will apply.
Difficulty: Challenging
Willes - Chapter 01 #6
7.
If it were decided to amend the Constitution to make ownership of property a right, it would be
necessary to have the agreement of
i. at least two-thirds of the provinces, which together make up at least half of the population of
Canada.
ii. at least half of the provinces, which together make up at least two-thirds of the population of
Canada.
iii. more than half of the members of the federal Parliament.
iv. at least two-thirds of the members of the federal Parliament.
v. all ten provinces.
A. i.
B. ii.
C. i and iii.
D. ii and iv.
E. iii and v.
Difficulty: Moderate
Willes - Chapter 01 #7
8.
The provincial legislature is about to pass a piece of legislation that conflicts with one of the following
rights. It had intended to do so under s. 33(1), the notwithstanding clause, but has just found out that s.
33 is not effective against this right. Which of the following is it?
A. The right to life, liberty and security of the person.
B. Freedom of speech.
C. Freedom of religion.
D. The right to vote.
E. Equality rights.
Difficulty: Moderate
Willes - Chapter 01 #8
9.
A small Ontario town passes a bylaw which says that shop signs must be only in English. A butcher's
shop which caters to the local German-speaking population is charged with infringing the bylaw and the
proprietor raises s. 2(b) of the Charter in his defence.
A. Since only political speech is protected by the Charter, he will lose.
B. Since the Charter does not apply to non-government bodies like a butcher's shop, he will lose.
C. Since the Charter protects commercial expression because it helps individuals make informed
economic choices, he will win.
DSince the Charter protects commercial expression, regardless of any value it may have, simply
. because we must all be free to say what we choose, he will win.
E. None of the answers are correct.
Difficulty: Challenging
Willes - Chapter 01 #9
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10.
In response to the growing number of traffic deaths resulting from alcohol-related accidents, many
provinces amended existing laws to permit their police forces to conduct arbitrary roadside checks to try
to discourage drunk driving. When this practice was challenged in the courts as an infringement of
s. 9 of the Charter,
Acounsel for the Crown would successfully argue that the practice could be continued indefinitely
. because of s. 33 of the Constitution, which allows the provinces to exempt the legislation from the
application of the Charter.
B. counsel for the Crown would argue that the roadside checks are permissible on the basis of s. 1 of
the Charter.
Cthe challenging party, a motorist who had been stopped and found to have excessive blood alcohol
. levels, would successfully argue that the legislation violates his s. 6 mobility rights.
D. the Crown would argue s. 33 and s. 1.
E. All of the answers are correct.
Difficulty: Moderate
Willes - Chapter 01 #10
11.1
1
.
(p. 5)
The government of Saskatchewan passed a statute that allocates water on the North Saskatchewan
River. The function of this legislation is to
A. settle disputes.
B. establish rules of conduct.
C. provide protection for individuals.
D. settle disputes and establish rules of conduct.
E. All of the answers are correct.
Difficulty: Challenging
Willes - Chapter 01 #11
12.1
2
.
(p. 5)
Nova Scotia has rules of court that state a party who commences a lawsuit must provide the other
party's to the lawsuit with a copy of the document setting out their claim. The function of the rules of
court is to
A. settle disputes.
B. establish rules of conduct.
C. provide protection for individuals.
D. settle disputes and establish rules of conduct.
E. All of the answers are correct.
Difficulty: Challenging
Willes - Chapter 01 #12
13.1
3.
(p. 12)
Which Canadian provinces utilize the Common Law system?
A. British Columbia, Alberta, Saskatchewan and Manitoba
B. Newfoundland, New Brunswick, Prince Edward Island, Nova Scotia and Quebec
C. Ontario, Quebec, Nova Scotia and Manitoba
D. New Brunswick, Quebec and Manitoba
E. All Canadian provinces
Difficulty: Easy
Willes - Chapter 01 #13
14.1
4
.
(p. 9)
The Alberta Court of Appeal wrote a judicial decision defining a Vespa gas-powered scooter as a motor
vehicle pursuant to the Highway Traffic Act. According to the principle of stare decisis, which of the
following courts would have to apply this decision in determining whether Vespa scooters required a
licence plate?
A. Supreme Court of Canada
B. Ontario Court of Appeal
C. Ontario Supreme Court
D. Alberta Provincial Court
E. All Canadian provincial courts
Difficulty: Moderate
Willes - Chapter 01 #14
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15.1
5.
(p. 14)
Under the Canadian Constitution the federal government has exclusive jurisdiction over which types of
laws:
A. Trade and commerce, criminal law and bankruptcy and insolvency law.
B. Trade and commerce, criminal law and incorporation of companies.
C. Trade and commerce, the solemnization of marriage and local works and undertakings.
D. Criminal law, incorporation of companies, solemnization of marriage.
E. Trade and commerce, incorporation of companies and bills of exchange.
Difficulty: Moderate
Willes - Chapter 01 #15
16.
Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone
authorized by her may reproduce the contents of the book. Jill's rights are an example of a legal
privilege.
TRUE
Difficulty: Easy
Willes - Chapter 01 #16
17.
Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone
authorized by her may reproduce the contents of the book. The Copyright Act is an example of a
statute.
TRUE
Difficulty: Easy
Willes - Chapter 01 #17
18.
Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone
authorized by her may reproduce the contents of the book. The Copyright Act can be found at R.S.C.
1985. "R.S.C." stands for "Revised Statutes of Canada."
FALSE
Difficulty: Easy
Willes - Chapter 01 #18
19.
Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone
authorized by her may reproduce the contents of the book. Jill's copyright in the textbook is protected
everywhere in Canada.
TRUE
Difficulty: Easy
Willes - Chapter 01 #19
20.
Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is
no legislation that deals with the issue between them. The judge will make her decision based on the
Common Law about this sort of issue.
TRUE
Difficulty: Easy
Willes - Chapter 01 #20
21.
Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is
no legislation that deals with the issue between them. If the judge did not use the Common Law in this
case, she would have to rely on the theory of precedent instead.
FALSE
Difficulty: Moderate
Willes - Chapter 01 #21
22.
Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is
no legislation that deals with the issue between them. The modern law concerning commercial matters
such as this has grown out of the ancient Law Merchant.
TRUE
Difficulty: Moderate
Willes - Chapter 01 #22
23.
Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is
no legislation that deals with the issue between them. Mary's rights and obligations in relation to contracts
are part of the procedural law.
FALSE
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Difficulty: Easy
Willes - Chapter 01 #23
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24.
The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada. The new
law will be proclaimed before it receives royal assent.
FALSE
Difficulty: Easy
Willes - Chapter 01 #24
25.
The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada This
would be an example of substantive private law that has been codified from the Common Law. FALSE
Difficulty: Challenging
Willes - Chapter 01 #25
26.
The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada. If the
government has a majority of seats in the House of Commons, the bill may be passed with two readings
and then sent to the Senate.
FALSE
Difficulty: Moderate
Willes - Chapter 01 #26
27.
The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada. Peters,
who later violates this new law by being found in possession of a restricted weapon, will be charged with
a violation of the law by the Crown but will not be sued for damages.
TRUE
Difficulty: Easy
Willes - Chapter 01 #27
28.
Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior
citizens in a major metropolitan Canadian city. The CRTC, which hears applications and grants licences
for new radio stations, may make laws governing its affairs that will affect Ned although it is not a
government.
TRUE
Difficulty: Challenging
Willes - Chapter 01 #28
29.
Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior
citizens in a major metropolitan Canadian city. Most of the laws that affect Ned's application are the
procedural laws of precedent.
FALSE
Difficulty: Easy
Willes - Chapter 01 #29
30.
Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior
citizens in a major metropolitan Canadian city. The CRTC will apply the principles of equity in deciding
whether to grant Ned's licence.
FALSE
Difficulty: Moderate
Willes - Chapter 01 #30
31.
Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior
citizens in a major metropolitan Canadian city. The CRTC is an administrative tribunal.
TRUE
Difficulty: Easy
Willes - Chapter 01 #31
32.
The government of Great Britain is seeking, under a treaty, to extradite Ann to face murder charges.
She is a Canadian citizen. Ann argues that she has the right under the Charter to remain in Canada. The
Supreme Court of Canada would uphold her extradition.
TRUE
Difficulty: Challenging
Willes - Chapter 01 #32
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33.
34.
Tom, who is 14, wishes to vote in the next provincial election. Since he is a Canadian citizen, there is no
means by which he can be prevented from exercising his right under the Charter to vote.
FALSE
New Brunswick is the only officially bilingual province in Canada.
TRUE
Difficulty: Moderate
Willes - Chapter 01 #33
Difficulty: Easy
Willes - Chapter 01 #34
35.
The Barrel-o'-Beer Pub has a dress code for waitresses which require their skirts to be 10 cm above the
knee. There is no dress code for waiters. Jacqueline is fired for refusing to shorten her knee-length skirt.
If Jacqueline had a case, it would be under the equality rights section of the Charter.
TRUE
Difficulty: Easy
Willes - Chapter 01 #35
36.
The Barrel-o'-Beer Pub has a dress code for waitresses which require their skirts to be 10 cm above the
knee. There is no dress code for waiters. Jacqueline is fired for refusing to shorten her knee-length skirt.
Since the Charter doesn't apply to private businesses like the Barrel-o'-Beer, Jacqueline has no recourse
against her former employer.
FALSE
Difficulty: Moderate
Willes - Chapter 01 #36
37.
Suppose the government of Alberta passed legislation that conflicted with rights under s. 8 of the
Charter, and the Supreme Court of Canada struck down the legislation. The government of Alberta can
pass the legislation under s. 33(1) of the Charter and it cannot be challenged in the courts because of the
protection offered by s. 33(1).
TRUE
Difficulty: Challenging
Willes - Chapter 01 #37
38.
The provincial government passed legislation that made a new kind of consumer scam a criminal act.
Audrey was charged under the legislation. She can successfully defend herself by saying that the
legislation is unconstitutional.
TRUE
Difficulty: Moderate
Willes - Chapter 01 #38
39.
By placing its proposed same sex marriage legislation before the Supreme Court of Canada, the federal
government received the assurance that it had the power to define civil marriage as a lawful union
between two persons, and the reminder that freedom of religion could not compel religious groups to
change their practices.
TRUE
Difficulty: Moderate
Willes - Chapter 01 #39
40.
Online electronic consolidation of statute changes have made printed statute books obsolete.
TRUE
Difficulty: Moderate
Willes - Chapter 01 #40
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41.
Helga was charged in 2003 with the theft of confidential information in Vancouver. The only case at the
time that was relevant was one in which the Ontario Court of Appeal said that the defendant, in a
situation identical to Helga's, was guilty of theft.
a. Discuss how the theory of precedent applies here
b. If the defendant in the Ontario case appealed and, in the summer of 2004, before Helga's case had
come to trial, the Supreme Court of Canada reversed the Ontario Court of Appeal's decision, would
this change your answer to the previous question? Why or why not?
a. Where the facts are the same, a judge must apply previous decisions of similar cases, provided the
decisions are from his own court, a court of equal rank, or a higher court within the same province, or
from the Supreme Court of Canada.
Here, the only case is from a higher court but of a different province so, while it is highly persuasive, it is
not a precedent that must be followed.
b. Now that there is a Supreme Court of Canada case, it is precedent throughout Canada. Therefore it
must be followed in Helga's case.
Difficulty: Moderate
Willes - Chapter 01 #41
42.
You believe that trapping fur-bearing animals is inhumane and you want the province to prohibit it
altogether. Discuss why it would be best to use statute law to achieve your goal, and explain any
problems that could be created by your choice.
A statute is a much faster way of changing the law, and has as comprehensive a scope as the legislators
choose to give it. The legislature is sensitive to public opinion so, if you can persuade many people to
agree with you and to apply political pressure to the members of the legislature, it is comparatively easy
to effect change. The courts will, however, interpret statutes strictly so, to achieve its ends, the statute
must be very carefully drafted.
Difficulty: Moderate
Willes - Chapter 01 #42
43.
Occasionally, when the Common Law is applied to the facts of a case that is before the courts, the
injured party faces a financial or personal hardship as a result. This often occurs where the strict
application of the law prevents the recovery of damages by the injured party because of some action
taken by him, which may have been unintentional of inadvertent. Discuss what the court may do in such
an instance at the request of the injured party and explain whether you believe the outcome to be
desirable.
At the request of the plaintiff's lawyer, the court may resolve the dispute by applying the principles of
equity. These are frequently applied in those cases where the strict interpretation of the plaintiff's legal
rights, as under the common law, would result in a hardship for the plaintiff or would create a clearly
unfair result. The principles of equity, having evolved from general principles of fairness or
natural justice, tend to allocate responsibility for damages according to the actions of the parties in the
circumstances rather than according to a set of rigid legal rules.
Difficulty: Challenging
Willes - Chapter 01 #43
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44.
Professor Dobson is 65 and, under the mandatory retirement policy of his university, must retire next
July 1st. He does not wish to do so.
a. Discuss whether he can bring a Charter action against the university.
b. Assuming he can bring a Charter action against the university, what would his argument be, and
how would the university answer it?
a. It is unclear as yet whether a university is a government body, and therefore subject under s. 32 to
compliance with the Charter. If it is not, then the Charter is not a possible protection for him. If his
province has a Human Rights Code that forbids employment discrimination on the basis of age, he
could use that. If it allows discrimination against those over 65, he could try a Charter challenge
against the Code. If it is, then he may do so.
b. If he could bring a Charter action, he would show that the mandatory retirement policy interfered
with his right under s. 15(1) not to be discriminated against on the basis of age. It would then be up to
the Crown, acting for the Government, to show that the retirement policy was either justified under
s. 1 of the Charter or passed under a s. 33(1) declaration. If it could not prove this on the balance of
probabilities, Professor Dobson would have succeeded in showing his rights had been infringed by the
policy, and the Charter, being the supreme law of Canada, would cause the policy to have no force or
effect.
Difficulty: Challenging
Willes - Chapter 01 #44
45.
Some people argue that Canadians were better off before they had a Charter of Rights and Freedoms
entrenched in a Constitution. What do you think?
Students should discuss the different effect on individual rights of the previous Canadian Bill of Rights
and the Charter. The former was a normal piece of government legislation that could be ignored and
overridden at the whim of government. In fact it often was, with the result that citizens had little
predictability of the extent of their rights or the certainty of their enforcement. The Charter, however,
entrenches the rights in a constitutional document which supersedes all other legislation. All government
actions must conform to the Charter to retain their validity as enforceable actions and the Charter cannot
easily be amended to dilute the rights as happened with the Bill of Rights.
Students may like to take the alternative approach and argue that the Charter has entrenched only
opportunistic attempts by individuals and groups of individuals to gain guaranteed rights and freedoms,
which would have been available in the Common Law under principles of equity in the appropriate
circumstances. Some may also argue that the Charter focuses more public attention on the receipt of
guaranteed rights than on the, arguably, equally important acceptance of responsibilities in a society.
Difficulty: Challenging
Willes - Chapter 01 #45
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46.
Describe the evolution of the Civil Code of Quebec.
Quebec made its own Civil Code of Lower Canada in 1866, a right preserved to it by the Quebec Act of
1774 more than a decade after the colony had been ceded by France to Britain. A complete review of the
Code was not undertaken for over a century when the new Civil Code of Quebec came into force in
1994.
The Civil Code of Quebec is more than just an act of a legislature setting down rules. It was a short
evolution from its original philosophical roots shortly after the French Revolution. Its makers intended it
to be a complete legal pathway for life: birth, family, business relationships, death, inheritance,
and management of chief obligations and assets along the way. The modern code of 3,168 articles
preserves this philosophical journey, set into ten books: Persons; The Family; Successions; Property;
Obligations; Prior Claims and Hypothecs; Evidence; Prescription; Publication of Rights; and Private
International Law.
Quebec does have other laws beyond its Civil Code. It creates statute law for specific matters just as the
other provinces do. Even the Code itself is a statue of the Quebec legislature.
Difficulty: Challenging
Willes - Chapter 01 #46
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Ch01 Summary
Category
Difficulty: Challenging
Difficulty: Easy
Difficulty: Moderate
Willes - Chapter 01
# of Questions
13
16
17
46
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Ch02
Student:
1.
If you were a judge in a court system in Canada, which of the following would not be a role that you
might be called upon to perform?
A. Deciding whether or not federal legislation interfered with provincial legislative jurisdiction.
B. Deciding whether or not a plumber has the proper qualifications to be granted a licence.
C. Deciding whether or not an individual has breached the terms of a contract with another individual.
D. Deciding whether a government agency has interfered with the constitutional rights of a citizen.
E. Deciding whether or not a company is licensed to print copyrighted material.
2.
Raymond, who lives in Manitoba, appeals a trial court's decision in a case in which he sued a former business
partner and lost. The highest court to which Raymond's case can possibly eventually be appealed is
A. the Court of Appeal for Manitoba.
B. the Federal Court of Appeal.
C. the Supreme Court of Canada.
D. the Privy Council of the House of Lords.
E. the Court of Queen's Bench for Manitoba.
3.
An electric shaver that you bought exploded and injured your hand. You are now suing the manufacturer.
The first document which your lawyer will send to the manufacturer is
A. a writ of summons.
B. the pleadings.
C. a notice of trial.
D. a statement of claim.
E. a demand for particulars.
4.
You have won the electric shaver suit and the manufacturer has appealed. Which of the following
statements is not true?
A. You are the respondent.
B. The manufacturer is the appellant.
C. The manufacturer can bring its appeal on the basis that the judge made an error in interpreting or
applying the law.
D. The manufacturer's witnesses will all give their evidence before any of your witnesses are called to give
their evidence.
5.
A customer of the bank for which you work as Chief Systems Analyst is suing your bank. The customer
alleges that money apparently withdrawn through an automated teller machine from his account must have
been removed through a bank error, since he did not do so and no one knows his identification number
nor has access to his card. You are to testify as to the security processes in the bank's computer system and
the accuracy of the computerized automated teller machine's records. In this role you are called upon as an
A. expert witness; you will be giving direct evidence at trial.
B. expert witness; you will be giving opinion evidence at trial.
C. expert witness; you will be giving hearsay evidence at trial.
D. ordinary witness; you will be giving opinion evidence at trial.
E. ordinary witness; you will be giving direct evidence at trial.
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6.
As the representative of a major newspaper chain you are opposed to the recent tendency of judges to
grant publication bans during the court proceedings of controversial and high-profile trials. Together with
several of your colleagues from other media organizations you decide to challenge the most recent ban.
A. Your challenge would be brought as a proceeding in a court of original jurisdiction.
B. If you are not successful you would be granted an appeal of your case to the Supreme Court of
Canada.
C. The proper forum for your challenge is the Canadian Judicial Council since it involves the actions of a
judge.
D. All of the responses are correct.
E. None of the responses are correct
7.
Your company, a manufacturer of household cleaning products, successfully defended a product liability suit
brought by a customer for a serious skin irritation she suffered after using an oven cleaning solution made
by your company. Your defence was based on the fact that adequate warnings were placed on the container
that users should wear gloves. The plaintiff has appealed the court's decision on the basis that the judge
failed to apply the legal principle of strict liability to this case, which would automatically find the
manufacturer liable if the product itself were, in fact, found to be inherently dangerous.
AThe Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the
. cleaner sufficiently and order a new trial to assess this point.
BThe Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the
. cleaner sufficiently and admit the appeal and reverse the decision.
C The Court of Appeal may find that the trial judge did not properly apply the principle of strict liability
. and admit the appeal and reverse the decision.
D The Court of Appeal may find that the trial judge properly considered the principle of strict liability and
. dismiss the appeal and affirm the decision.
EAll of the findings are possible except that the Court of Appeal may not find that the trial judge did
. not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the
decision.
8.
Hong Kong Bank of Canada v. Wheeler Holdings Ltd. (1989), R.P.R. (2d) 189; affirmed, (1990), 14
R.P.R. (2d) 1; varied, (1993), 6 Alta. L.R. (3d) 337.
A. This case was first reported in the Regina Public Reports.
B. The cite tells us that the last court that heard and decided this case was in the province of Alberta.
C. The case was last reported in 1993.
D. The initial 1989 decision was overturned by the 1993 decision.
E. The decision of the first judge was upheld by another judge who decided the case in 1990.
9.
Each province has a Court of Appeal to review the convictions of accused persons by the following
courts:
A. Youth Court
B. Supreme Court
C. Magistrate's (or Provincial) Court
D. Small Claims Court
E. All of the above except D
10. At the discretion of the court, judges award costs that are frequently referred to as "costs on a party-andparty basis." These involve:
A. the judge awarding incurred costs of the litigation to the unsuccessful party, plus a counsel fee.
B. the judge awarding incurred costs of the litigation to the successful party, minus a counsel fee.
C. the judge awarding incurred costs of the litigation to the unsuccessful party, minus a counsel fee.
D. the judge awarding incurred costs of the litigation to the successful party, plus a counsel fee.
E. the judge awarding all costs of the litigation split between both parties with no counsel fee.
Full download please email me stoneklopp@gmail.com
11. Easy Money Credit Ltd. is owed $8 000 by Irina for a debt to buy a television and home theatre system. Irena
claims she did not pay the debt because two days after installing the system it was stolen by a bunch of 14year-olds. Which is most likely the court of original jurisdiction?
A. Youth Court
B. Criminal Court
C. Family Court
D. Small Claims Court
E. Provincial Supreme Court
12. Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to
Kelly and granted a $3 000 loan to finance the purchase. Two days after purchasing the computer it fell off a
low bench and the screen cracked. Kelly wanted to either exchange the computer or have it repaired. Orange
Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased. Kelly refused to repay the
loan. Which is most likely the court of original jurisdiction?
A. Youth Court
B. Criminal Court
C. Family Court
D. Small Claims Court
E. Provincial Supreme Court
13. Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to
Kelly and granted a $3 000 loan to finance the purchase. Two days after purchasing the computer it fell off a
low bench and the screen cracked. Kelly wanted to either exchange the computer or have it repaired. Orange
Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased. Kelly refused to repay the
loan. Which pleading(s) will be filed by Kelly?
A. Statement of Claim
B. Statement of Defence
C. Counterclaim
D. Statement of Claim and Statement of Defence
E. Statement of Defence and Counterclaim
14. Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to
Kelly and granted a $3 000 loan to finance the purchase. Two days after purchasing the computer it fell off a
low bench and the screen cracked. Kelly wanted to either exchange the computer or have it repaired. Orange
Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased. Kelly refused to repay the
loan. At trial, which party presents their case first?
A. Orange Shop Ltd. The plaintiff opens the trial.
B. Orange Shop Ltd. The defendant opens the trial.
C. Kelly. The plaintiff opens the trial.
D. Kelly. The defendant opens the trial.
E. The judge determines who opens the trial.
15. Which of the following statements is false?
A. Contingency fees are paid to the lawyer only if the case is won.
B. Contingency fees only recently came into existence in Canada.
C. One of the concerns raised against contingency fees is that they lead to frivolous lawsuits.
D. One argument in support for contingency fees is that they provide greater access to justice.
E. Not all Canadian jurisdictions permit contingency fees.
16. Which statement does not apply to arbitration of a contractual dispute?
A. Arbitration clauses are contained in a contract.
B. Arbitration is mandated by provincial statute.
C. Agreements often specifically provide that the arbitration proceedings are confidential.
D. Arbitration is a quicker way of resolving disputes.
E. Arbitration decisions do not form part of the Common Law.
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17. American cases cannot be used in Canada because the legal systems in each country grew out of very
different roots.
True False
18. Patricia successfully sued Mabel because Mabel's negligence in driving her car had caused injury to Patricia. It
is up to the judge who heard the case to decide to what extent Mabel is required to compensate Patricia
through the payment of damages.
True False
19. The historical development of the court system in England shows a trend away from decisions being
made by the community as a whole and towards decisions being made by one authoritative person.
True False
20. The State of Louisiana and the Province of Quebec both base their non-criminal laws on the French Civil
Code.
True False
21. Colin has sued Peter, and Peter has just sent a counterclaim. Since Colin has received it, the case can now be
set down for trial.
True False
22. Walter was the only witness to an unprovoked assault by Queenie on June. June was attacked from behind
and did not see who hit her. Queenie has denied she did it, but Walter told June that he saw her do so.
When the case comes to trial, Walter is serving in West Africa with CUSO and cannot be reached. Since
June was there and has the direct evidence of a witness, she may tell the court what Walter saw. True False
23. Antonella is suing Barbara for failing to pay her for goods she bought. It will be up to Antonella to prove
her case on the balance of probabilities.
True False
24. Lorna successfully sued the Hot Stuff Restaurant because she was injured by a piece of glass in a pie that she
was served there. She believes the judge used too low a duty of care in assessing whether Hot Stuff had been
negligent, which was the legal issue. Lorna may appeal on the basis of the judge's error.
True False
25. While researching his family history, Norman discovered that his grandmother was the first Canadian
woman lawyer to appear in front of a surrogate court. She was there to deal with a will.
True False
26. James had been dismissed from his employment after being caught stealing cash from the business during his
shift. He decided to vindicate himself by bringing a long and costly lawsuit for unjust dismissal against his
employer. The court will probably award costs on a party and party basis.
True False
27. You believe that an error has been made in the court's decision in your case at trial. You may be able to
reach a more favourable decision by having a jury rehear and decide upon the case if you wish to appeal it.
True False
28. You are part of a family business which manufactures children's clothing. There is a dispute among some of
the family members about the appropriate division of profits. In order to have a judicial resolution of the
dispute you would need to enter pleadings in the Family Court.
True False
29. While simple actions can be undertaken by a paralegal in small claims court, the complexities of cases and
senior courts require the services of a lawyer.
True False
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30. Discovery is a process which is used to clarify points in the statement of claim or statement of
defence.
True False
31. As a witness for the plaintiff in a large upcoming civil suit, you are feeling nervous about giving testimony,
and would like to know how the whole trial process works. A friend of yours explains how a trial proceeds
and how witnesses are dealt with during the trial. Repeat here what she tells you.
32. You have a family member who was unfortunately seriously injured in a train accident. Your friend
understands that there might be the possibility of a class action lawsuit against the train company. She
asks you to explain the process of a class action and what the advantages of class actions are versus
individual lawsuits.
33. Explain in detail the information contained in the following case cite and annotations and explain how and
why the information is relevant for the parties to the action. Who else may also find this information
relevant and why? In this case, the defendant was successful at trial.
Canadian Olympic Assn./Assn Olympique Canadienne v. Olympus Optical Co. (1987), 14 C.I.P.R. 259; reversed,
(1990), 31 C.P.R. (3d) 479, Fed. Ct. - Trial Division; affirmed, (1991), 38 C.P.R. (3d) 1, Fed. CA; leave to
appeal to SCC refused, (1992), 41 C.P.R. (3d) 11.
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Ch02 Key
1.
If you were a judge in a court system in Canada, which of the following would not be a role that you
might be called upon to perform?
A. Deciding whether or not federal legislation interfered with provincial legislative jurisdiction.
B. Deciding whether or not a plumber has the proper qualifications to be granted a licence.
C. Deciding whether or not an individual has breached the terms of a contract with another individual.
D. Deciding whether a government agency has interfered with the constitutional rights of a citizen.
E. Deciding whether or not a company is licensed to print copyrighted material.
Difficulty: Moderate
Willes - Chapter 02 #1
2.
Raymond, who lives in Manitoba, appeals a trial court's decision in a case in which he sued a former
business partner and lost. The highest court to which Raymond's case can possibly eventually be
appealed is
A. the Court of Appeal for Manitoba.
B. the Federal Court of Appeal.
C. the Supreme Court of Canada.
D. the Privy Council of the House of Lords.
E. the Court of Queen's Bench for Manitoba.
Difficulty: Easy
Willes - Chapter 02 #2
3.
An electric shaver that you bought exploded and injured your hand. You are now suing the
manufacturer. The first document which your lawyer will send to the manufacturer is
A. a writ of summons.
B. the pleadings.
C. a notice of trial.
D. a statement of claim.
E. a demand for particulars.
Difficulty: Easy
Willes - Chapter 02 #3
4.
You have won the electric shaver suit and the manufacturer has appealed. Which of the following
statements is not true?
A. You are the respondent.
B. The manufacturer is the appellant.
C. The manufacturer can bring its appeal on the basis that the judge made an error in interpreting or
applying the law.
D. The manufacturer's witnesses will all give their evidence before any of your witnesses are called to give
their evidence.
Difficulty: Easy
Willes - Chapter 02 #4
5.
A customer of the bank for which you work as Chief Systems Analyst is suing your bank. The customer
alleges that money apparently withdrawn through an automated teller machine from his account must
have been removed through a bank error, since he did not do so and no one knows his identification
number nor has access to his card. You are to testify as to the security processes in the bank's computer
system and the accuracy of the computerized automated teller machine's records. In this role you are
called upon as an
A. expert witness; you will be giving direct evidence at trial.
B. expert witness; you will be giving opinion evidence at trial.
C. expert witness; you will be giving hearsay evidence at trial.
D. ordinary witness; you will be giving opinion evidence at trial.
E. ordinary witness; you will be giving direct evidence at trial.
Difficulty: Moderate
Willes - Chapter 02 #5
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6.
As the representative of a major newspaper chain you are opposed to the recent tendency of judges to
grant publication bans during the court proceedings of controversial and high-profile trials. Together
with several of your colleagues from other media organizations you decide to challenge the most recent
ban.
A. Your challenge would be brought as a proceeding in a court of original jurisdiction.
B. If you are not successful you would be granted an appeal of your case to the Supreme Court of
Canada.
C. The proper forum for your challenge is the Canadian Judicial Council since it involves the actions of
a judge.
D. All of the responses are correct.
E. None of the responses are correct
Difficulty: Challenging
Willes - Chapter 02 #6
7.
Your company, a manufacturer of household cleaning products, successfully defended a product liability
suit brought by a customer for a serious skin irritation she suffered after using an oven cleaning solution
made by your company. Your defence was based on the fact that adequate warnings were placed on the
container that users should wear gloves. The plaintiff has appealed the court's decision on the basis that
the judge failed to apply the legal principle of strict liability to this case, which would automatically find
the manufacturer liable if the product itself were, in fact, found to be inherently dangerous.
AThe Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the
. cleaner sufficiently and order a new trial to assess this point.
BThe Court of Appeal may find that the trial judge did not assess the inherent dangerousness of the
. cleaner sufficiently and admit the appeal and reverse the decision.
C The Court of Appeal may find that the trial judge did not properly apply the principle of strict
. liability and admit the appeal and reverse the decision.
D The Court of Appeal may find that the trial judge properly considered the principle of strict liability
. and dismiss the appeal and affirm the decision.
EAll of the findings are possible except that the Court of Appeal may not find that the trial judge did
. not assess the inherent dangerousness of the cleaner sufficiently and admit the appeal and reverse the
decision.
Difficulty: Challenging
Willes - Chapter 02 #7
8.
Hong Kong Bank of Canada v. Wheeler Holdings Ltd. (1989), R.P.R. (2d) 189; affirmed, (1990), 14
R.P.R. (2d) 1; varied, (1993), 6 Alta. L.R. (3d) 337.
A. This case was first reported in the Regina Public Reports.
B. The cite tells us that the last court that heard and decided this case was in the province of Alberta.
C. The case was last reported in 1993.
D. The initial 1989 decision was overturned by the 1993 decision.
E. The decision of the first judge was upheld by another judge who decided the case in 1990.
Difficulty: Challenging
Willes - Chapter 02 #8
9.
Each province has a Court of Appeal to review the convictions of accused persons by the following
courts:
A. Youth Court
B. Supreme Court
C. Magistrate's (or Provincial) Court
D. Small Claims Court
E. All of the above except D
Difficulty: Moderate
Willes - Chapter 02 #9
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10.
At the discretion of the court, judges award costs that are frequently referred to as "costs on a partyand-party basis." These involve:
A. the judge awarding incurred costs of the litigation to the unsuccessful party, plus a counsel fee.
B. the judge awarding incurred costs of the litigation to the successful party, minus a counsel fee.
C. the judge awarding incurred costs of the litigation to the unsuccessful party, minus a counsel fee.
D. the judge awarding incurred costs of the litigation to the successful party, plus a counsel fee.
E. the judge awarding all costs of the litigation split between both parties with no counsel fee.
Difficulty: Moderate
Willes - Chapter 02 #10
11.1
1.
(p. 32)
Easy Money Credit Ltd. is owed $8 000 by Irina for a debt to buy a television and home theatre system.
Irena claims she did not pay the debt because two days after installing the system it was stolen by a bunch
of 14-year-olds. Which is most likely the court of original jurisdiction?
A. Youth Court
B. Criminal Court
C. Family Court
D. Small Claims Court
E. Provincial Supreme Court
Difficulty: Easy
Willes - Chapter 02 #11
12.1
2.
(p. 32)
Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to
Kelly and granted a $3 000 loan to finance the purchase. Two days after purchasing the computer it fell
off a low bench and the screen cracked. Kelly wanted to either exchange the computer or have it
repaired. Orange Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased.
Kelly refused to repay the loan. Which is most likely the court of original jurisdiction?
A. Youth Court
B. Criminal Court
C. Family Court
D. Small Claims Court
E. Provincial Supreme Court
Difficulty: Easy
Willes - Chapter 02 #12
13.1
3.
(p. 36)
Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to
Kelly and granted a $3 000 loan to finance the purchase. Two days after purchasing the computer it fell
off a low bench and the screen cracked. Kelly wanted to either exchange the computer or have it
repaired. Orange Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased.
Kelly refused to repay the loan. Which pleading(s) will be filed by Kelly?
A. Statement of Claim
B. Statement of Defence
C. Counterclaim
D. Statement of Claim and Statement of Defence
E. Statement of Defence and Counterclaim
Difficulty: Moderate
Willes - Chapter 02 #13
14.1
4.
(p. 36)
Orange Shop Ltd. sells electronics and grants credit to its customers. It sold a laptop computer system to
Kelly and granted a $3 000 loan to finance the purchase. Two days after purchasing the computer it fell
off a low bench and the screen cracked. Kelly wanted to either exchange the computer or have it
repaired. Orange Shop Ltd. refused to assist Kelly as an extended warranty had not been purchased.
Kelly refused to repay the loan. At trial, which party presents their case first?
A. Orange Shop Ltd. The plaintiff opens the trial.
B. Orange Shop Ltd. The defendant opens the trial.
C. Kelly. The plaintiff opens the trial.
D. Kelly. The defendant opens the trial.
E. The judge determines who opens the trial.
Difficulty: Easy
Willes - Chapter 02 #14
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15.1
5.
(p. 39)
Which of the following statements is false?
A. Contingency fees are paid to the lawyer only if the case is won.
B. Contingency fees only recently came into existence in Canada.
C. One of the concerns raised against contingency fees is that they lead to frivolous lawsuits.
D. One argument in support for contingency fees is that they provide greater access to justice.
E. Not all Canadian jurisdictions permit contingency fees.
Difficulty: Moderate
Willes - Chapter 02 #15
16.1
6.
(p. 42)
Which statement does not apply to arbitration of a contractual dispute?
A. Arbitration clauses are contained in a contract.
B. Arbitration is mandated by provincial statute.
C. Agreements often specifically provide that the arbitration proceedings are confidential.
D. Arbitration is a quicker way of resolving disputes.
E. Arbitration decisions do not form part of the Common Law.
Difficulty: Moderate
Willes - Chapter 02 #16
17.
American cases cannot be used in Canada because the legal systems in each country grew out of very
different roots.
FALSE
Difficulty: Easy
Willes - Chapter 02 #17
18.
Patricia successfully sued Mabel because Mabel's negligence in driving her car had caused injury to
Patricia. It is up to the judge who heard the case to decide to what extent Mabel is required to
compensate Patricia through the payment of damages.
TRUE
Difficulty: Easy
Willes - Chapter 02 #18
19.
The historical development of the court system in England shows a trend away from decisions
being made by the community as a whole and towards decisions being made by one authoritative
person.
TRUE
Difficulty: Moderate
Willes - Chapter 02 #19
20.
The State of Louisiana and the Province of Quebec both base their non-criminal laws on the French
Civil Code.
TRUE
Difficulty: Easy
Willes - Chapter 02 #20
21.
Colin has sued Peter, and Peter has just sent a counterclaim. Since Colin has received it, the case can
now be set down for trial.
FALSE
Difficulty: Moderate
Willes - Chapter 02 #21
22.
Walter was the only witness to an unprovoked assault by Queenie on June. June was attacked from
behind and did not see who hit her. Queenie has denied she did it, but Walter told June that he saw her
do so. When the case comes to trial, Walter is serving in West Africa with CUSO and cannot be
reached. Since June was there and has the direct evidence of a witness, she may tell the court what
Walter saw.
FALSE
Difficulty: Moderate
Willes - Chapter 02 #22
23.
Antonella is suing Barbara for failing to pay her for goods she bought. It will be up to Antonella to
prove her case on the balance of probabilities.
TRUE
Difficulty: Easy
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Willes - Chapter 02 #23
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24.
Lorna successfully sued the Hot Stuff Restaurant because she was injured by a piece of glass in a pie that
she was served there. She believes the judge used too low a duty of care in assessing whether Hot Stuff
had been negligent, which was the legal issue. Lorna may appeal on the basis of the judge's error.
TRUE
Difficulty: Moderate
Willes - Chapter 02 #24
25.
While researching his family history, Norman discovered that his grandmother was the first Canadian
woman lawyer to appear in front of a surrogate court. She was there to deal with a will.
TRUE
Difficulty: Moderate
Willes - Chapter 02 #25
26.
James had been dismissed from his employment after being caught stealing cash from the business
during his shift. He decided to vindicate himself by bringing a long and costly lawsuit for unjust
dismissal against his employer. The court will probably award costs on a party and party basis.
FALSE
Difficulty: Moderate
Willes - Chapter 02 #26
27.
You believe that an error has been made in the court's decision in your case at trial. You may be able to
reach a more favourable decision by having a jury rehear and decide upon the case if you wish to appeal
it.
FALSE
Difficulty: Easy
Willes - Chapter 02 #27
28.
You are part of a family business which manufactures children's clothing. There is a dispute among
some of the family members about the appropriate division of profits. In order to have a judicial
resolution of the dispute you would need to enter pleadings in the Family Court.
FALSE
Difficulty: Moderate
Willes - Chapter 02 #28
29.
While simple actions can be undertaken by a paralegal in small claims court, the complexities of cases and
senior courts require the services of a lawyer.
TRUE
Difficulty: Easy
Willes - Chapter 02 #29
30.
Discovery is a process which is used to clarify points in the statement of claim or statement of
defence.
TRUE
Difficulty: Moderate
Willes - Chapter 02 #30
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31.
As a witness for the plaintiff in a large upcoming civil suit, you are feeling nervous about giving
testimony, and would like to know how the whole trial process works. A friend of yours explains how a
trial proceeds and how witnesses are dealt with during the trial. Repeat here what she tells you.
Students should list the Civil Court Procedure steps found in Chapter 2. Witnesses are usually given
the chance prior to the trial to go over their evidence with the lawyer who will be examining them in
chief, although he cannot tell them what to say. If you are an expert witness, your lawyer will generally
have you first explain how you are qualified to give expert evidence. You would be
testifying about the significance of direct evidence or about the background circumstances that explain or
help verify the direct evidence. If you are an ordinary witness, you can only give evidence about matters of
which you have direct knowledge. If you are being treated unfairly by the other party's lawyer on crossexamination, it is the responsibility of the lawyer for whose client you are appearing to ask the judge to
prevent that from continuing. Once you have testified and the trial is over, you would not be called upon
at any other stage of the process.
Difficulty: Challenging
Willes - Chapter 02 #31
32.
You have a family member who was unfortunately seriously injured in a train accident. Your friend
understands that there might be the possibility of a class action lawsuit against the train company. She
asks you to explain the process of a class action and what the advantages of class actions are versus
individual lawsuits.
Students can refer to chapter 2 (p.39) for the discussion on class action lawsuits. A class action allows a
single person to represent an entire group of plaintiffs injured by a common cause such as a train
derailment. In order for a class action to proceed, the ‘class' of two or more people must be certified by
the court. Typically settlements are reached before the case goes to trial, with such settlements requiring
court approval as being in the interest of the entire class. Rather than having hundreds of similar trials,
the law permits greater efficiency by having one trial. It also increases the chances
that defendants will be more careful given that significant damages can be imposed as a result of a
successful class action lawsuit. Damages, if awarded, are then shared among the class of plaintiffs,
with some adjustments possible depending on the degree of injury.
Difficulty: Moderate
Willes - Chapter 02 #32
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33.
Explain in detail the information contained in the following case cite and annotations and explain
how and why the information is relevant for the parties to the action. Who else may also find this
information relevant and why? In this case, the defendant was successful at trial.
Canadian Olympic Assn./Assn Olympique Canadienne v. Olympus Optical Co. (1987), 14 C.I.P.R. 259; reversed,
(1990), 31 C.P.R. (3d) 479, Fed. Ct. - Trial Division; affirmed, (1991), 38 C.P.R. (3d) 1, Fed. CA; leave to
appeal to SCC refused, (1992), 41 C.P.R. (3d) 11.
The plaintiff is the Canadian Olympic Assn./Assn Olympique Canadienne. The defendant is Olympus
Optical Co. The case was first decided at trial in 1987. That trial decision was reported in the 14th
volume of the Canadian Intellectual Property Reports at page 259. The unsuccessful party, the plaintiff,
then appealed the case to the Federal Court - Trial Division. Therefore, the original trial could not have
been heard in the Federal Court. The Federal Court - Trial Division, even though appearing to be a
court of original jurisdiction, can hear appeals on matters within its jurisdiction that were decided in
provincial trial courts. The plaintiff at trial became the appellant and the defendant at trial became the
respondent. The Federal Court - Trial Division made its decision in 1990 and
it allowed the appeal thereby reversing the trial decision. This appeal decision was reported in the 31st
volume of the third series of the Canadian Patent Reporter at page 479. The party who was unsuccessful
at this appeal (the defendant at trial, respondent in the first appeal) then appealed further
to the Federal Court of Appeal. So, in this further appeal, Olympus Optical Co. became the appellant
and the Canadian Olympic Assn./Assn Olympique Canadienne became the respondent. In 1991 the
Federal Court of Appeal affirmed or upheld the decision of the Federal Court - Trial Division in the
first appeal which had reversed the trial decision. The decision of the court in this second appeal was
reported in the 38th volume of the third series of the Canadian Patent Reporter at page 1. The party
who was unsuccessful at this second appeal (the defendant at trial, appellant in the second appeal) then
appealed further to the Supreme Court of Canada. The right to be heard on appeal by the Supreme Court
is not automatic and the Supreme Court itself will decide whether it believes there is any merit to hearing
the appeal. In this case, the Supreme Court decided in 1992 that it would not hear and
decide this further appeal. Its reasons for deciding in this way were reported in the 41st volume of
the third series of the Canadian Patent Reporter at page 11. Thus, the original trial outcome remains
reversed meaning that the plaintiff at trial has succeeded in obtaining the relief it sought in the action.
Other people for whom this would be useful information are those in similar situations trying to decide
whether court action is justified or whether these decisions are sufficiently clear to define their legal rights
without litigation. Legal researchers and historians will be interested in following and chronicling the
decisions and reasoning to develop legal commentary on trends. A lawyer preparing a similar case will also
be interested as he or she can present the case reasoning in court to the judge as a persuasive precedent to
guide the judge's decision about his or her own client's matter.
Difficulty: Challenging
Willes - Chapter 02 #33
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Ch02 Summary
Category
Difficulty: Challenging
Difficulty: Easy
Difficulty: Moderate
Willes - Chapter 02
# of Questions
5
12
16
33
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Ch03
Student:
1.
An administrative law was passed and proclaimed in force on January 1, 2003, that prohibited anyone
from operating a pet supply business unless they were registered under the Act. Harvey operates a pet
supply business.
A. Harvey can ignore the law because he was carrying on his business before the law came into effect.
B. Harvey must register with the appropriate agency in order to lawfully carry on his business.
C. If Harvey ignores the law, he has violated a criminal law statute.
D. Registration is only a guideline, and registration is an option only.
E. Harvey has the option of registering with the appropriate agency in order to comply with the law.
2.
Harvey decides to register his business as a pet supply firm as required by the new law. He applies for
registration, but is turned down because the agency policy rules state that anyone convicted of theft in the
last five years may be denied registration. Harvey was convicted of a minor theft as a teenager five years ago.
He decides to appeal the denial to the Business Appeal Tribunal established under the Act to hear appeals.
A.The Business Appeal Tribunal is an administrative tribunal.
B. Bodies like the Business Appeal Tribunal have no powers outside those granted to them under the Act.
C. Tribunals such as the Business Appeal Tribunal must treat people who appeal in a fair manner, and
give them a fair hearing.
D. All of these statements are true.
E. All of these statements are false.
3.
Legislation is passed to establish a governing body for a specialized medical group, and to grant the body
power to control and supervise the particular type of specialists.
A. The governing body normally would not be allowed to set educational and training standards for the
specialty.
BThe governing body would not normally be allowed to prevent persons from practising the medical
. specialty even though a high degree of skill is required to perform the medical procedures.
C. Protection of the public would not be a part of the policy mandate of the governing body.
D. None of these statements are true.
E. All of these statements are true.
4.
Under the Ontario Travel Industry Act, someone who is turned down for registration as a travel agent may
appeal from the Registrar's decision to the Commercial Registration Appeal Tribunal, a body appointed by
the Ministry of Commercial & Consumer Relations. A conviction for theft within the previous five years is
grounds to refuse registration. Ben, who had a conviction for shoplifting ten years ago, has been turned
down, and he has decided to appeal. Which of the following is not true?
A. The Commercial Registration Appeal Tribunal is an administrative law body, not a court.
B. The hearing in front of a Tribunal like this is not conducted in the exact same way as a trial in a court.
C. Bodies like the Tribunal have no powers outside those granted to them under the relevant legislation.
DTribunals such as this must treat people who appeal to them in a fair manner, but they do not have to
. follow the same rules of evidence and procedure as a court.
E. All of these statements are false.
5.
Land development is one very important business regulation that is, for the most part, delegated to which
level of government?
A. Federal
B. Provincial
C. Local/Municipal
D. Land development is unregulated
E. All of these levels of government regulate land development
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6.
Administrative tribunals are created under the authority of:
A. A statute
B. A regulation
C. An Order-in-Council
D. A ministerial order
E. A policy
7.
Jamal is opening a restaurant in Waterloo, Ontario. He plans to purchase an old house and renovate it
to operate his restaurant. On what issue(s) will he be required to seek the approval of a municipal
administrative tribunal?
A. Land development
B. Restaurant Licensing
C. Employment Standards Board
D. Land development and Restaurant Licensing
E. All of the responses are correct.
8.
Which administrative tribunals were created to protect consumers and the public?
A. Egg Marketing Board
B. Canadian Radio-television and Telecommunications Commission
C. Securities Commission
D. Energy boards
E. All were created for consumer and pubic protection.
9.
How does the Securities Commission protect investors from unfair and fraudulent practices?
A. Require the filing of a prospectus
B. Require distribution of the prospectus
C. Require disclosure of insider trading
D. Licensing investment dealers
E. All of the above
10. What sanction can't the Ontario Securities Commission levy on individuals who breach the Securities
Act?
A. Fines
B. Damage compensation to harmed parties
C. Retraction of registration as an investment dealer
D. Revocation of licence of a securities salesman
E. Prohibition from acting as a director
11. Administrative laws set out broad policy statements and establish a board commission or agency to
ensure compliance by business.
True False
12. Administrative agencies, boards or commissions usually use registration or licensing to control business
subject to the administrative law.
True False
13. Administrative agencies, boards or commissions enforce criminal laws.
True False
14. Decisions of administrative agencies or boards that revoke a licence or registration are unenforceable
because they are not courts.
True False
15. All administrative laws are criminal laws and enforceable as such even though they are not part of the
Criminal Code.
True False
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16. The professions of medicine, law and accounting are governed by bodies established under administrative
laws.
True False
17. An administrative body may revoke a licence or registration of a professional person at any time without
disclosing its reasons.
True False
18. An administrative agency, commission or board can not revoke the licence or registration of a business
without giving the business an opportunity to object.
True False
19. Administrative agencies commissions or boards are usually given the power to make procedural rules
under the legislation that they are required to enforce.
True False
20. Decisions of administrative bodies that affect the right of businesses to operate or professional persons to
practise their profession must be made in accordance with the rules of natural justice.
True False
21. Administrative bodies must usually hold a hearing to allow persons affected by a proposed decision to
appear and defend against such action before a decision is finalized.
True False
22. There is no appeal from a decision of an administrative body that arbitrarily revokes the licence to
practise of a professional person.
True False
23. The net result of governments exercising greater control over the activities of citizens is the creation of a
large bureaucracy at provincial and federal levels of government, and a substantial restriction of the
freedom of the individual through many and varied regulations.
True False
24. Quebec is no different than the rest of the provinces in creating administrative law tribunals over most
major aspects of commercial activity.
True False
25. In some provinces, if objection is raised to a planning decision at the local level, decisions are not subject to
appeal to a provincial body.
True False
26. The concept of ‘natural justice' includes the notion that procedural rules can be made retroactive.
True False
27. Legislation is passed to protect the public and control the business activities of travel consultants, and to
establish an agency to carry out the mandate. If the control is to take the form of licensing, outline a
process that the agency might establish to address appeals where a licence is denied.
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28. A large part of the body of administrative law is directed at the control or regulation of business-related
activity, and business persons and corporations alike must be aware of the many administrative bodies or
agencies that can impact their operations. Explain why this awareness is important and give three
examples of some of the activities that fall under the control of regulatory agencies, commissions, boards, or
nongovernmental bodies.
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