Family Law
What is it called when one parent has more control over the child then the other parent?
Child custody
What is the Neighbor principle?
You owe a duty of care to “your neighbour” (essentially all those around you) not to harm them by being careless or negligent.
Are employers allowed to make you pay for a product or material if you accidentally ruin it?
No, they cannot make you pay
Who was the defendant and plaintiff of the paisley snail case?
Donoghue vs. Stevenson
What is sustainable development?
“Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.”
What is a separation agreement?
Contract outlining what couples agree on and disagree on to prevent future arguments.
What is the Good Samaritan Law?
Unless rescuing is your job, if you harm someone while rescuing them, they cannot sue you for that.
On what days are employers not allowed to require employees to work?
Any statutory holiday (New Year's Day, Good Friday (Easter), Canada Day, Labour Day and Christmas Day)
What principle was developed through this case? Describe it
Neighbor Principle, you have a duty to care for people you don’t know personally but still interact with.
What does “pollution prevention” mean?
Using practises and materials that avoid or minimize creating pollution and waste, thereby reducing risks to human health and the environment.
Name 3 essential requirements of marriage
Mental capacity, minimum age, not immediate family, registration.
What is the precedent case for Duty of Care?
DONOGHUE V. STEVENSON 1932.
What are some jobs that are not covered by this law?
Politicians, judges, religious officials, and elected trade union officials
Why couldn’t the plaintiff sue the bartender?
The plaintiff’s friend bought the beer and so the contract was not between the plaintiff and the bartender.
Which act is considered Canada’s main piece of environmental legislation, and what does it address?
The Canadian Environmental Protection Act (1999) is Canada’s primary environmental law, focusing on pollution prevention, regulating toxic substances, managing waste, and protecting both human health and the environment.
What is an individual called that helps resolve family disputes?
mediation/ Mediator
List the 4 ways of obtaining compensation
Garnish wages, Seizure, Motor vehicle liability insurance, No-Fault insurance
What are the three main laws governing employment law?
Employment Standards Act (ESA), Occupational Health and Safety Act (OHSA), Ontario Human Rights Code (OHRC)
What tort did the plaintiff sue for? Who did they sue?
Negligence, the beer manufacturer
Which levels of government in Canada share responsibilities for environmental law?
Both federal and provincial
Federal: fisheries, shipping
Provincial: natural resources, local matters
What is the Family Maintenance Enforcement Program?
If a parent refuses to pay child support, FMEP helps. They can directly take the money out of their assets.
List the five types of Damages
General, Special, Punitive, Aggravated, Nominal
How much is “holiday pay”?
based on an employee's regular wages earned over a four-week period preceding the holiday, divided by 20
What does forma pauperis’ mean?
Refers to a court-granted status allowing an indigent person to proceed with a lawsuit or appeal without paying court fees or costs.
What are 2 main approaches to environmental law?
After the Fact (Reactive Model): Reacts to problems by prosecuting offenders.
Before the Fact (Proactive Model): Sets standards and guidelines to prevent issues.