Negligence & Liability
This legal claim requires proving duty of care, breach of standard, harm, and causation.
What is negligence?
This essential element requires both parties to exchange something of value.
What is consideration?
This term describes unequal or negative treatment based on protected grounds.
What is discrimination?
This type of intellectual property protects brand names, logos, and symbols.
What is a trademark?
This term describes the legal boundaries of what a kinesiologist is allowed to do.
What is scope of practice?
This type of law is created by judges through past case decisions.
What is common law?
This principle states you owe a duty to those who would be directly affected by your actions.
What is the Neighbour Principle?
This occurs when one party signs a contract because of threats, pressure, or loss of free will.
What is duress?
This document protects Canadians from discrimination by government actions, but not private organizations.
What is the Canadian Charter of Rights and Freedoms?
This form of protection applies to original creative works like photos, videos, graphics, and text.
What is copyright?
This type of consent means a client agrees to treatment and understands the risks, benefits, and alternatives.
What is informed consent?
This document protects athletes and participants by requiring safe and properly maintained facilities in Ontario.
What is the Occupiers’ Liability Act?
This element of negligence examines whether the defendant acted as a reasonable professional would under similar circumstances.
What is the standard of care?
This contract problem occurs when one party gives false information that convinces someone to sign.
What is misrepresentation?
This legal test requires a claimant to show discrimination “on its face” before the respondent must justify it.
What is prima facie discrimination?
This occurs when someone misleads the public into believing their product is connected to another brand.
What is passing off?
This regulatory body sets the standards for competence, documentation, and communication for kinesiologists in Ontario.
What is the College of Kinesiologists of Ontario (CKO)?
This employment problem occurs when an employer makes major negative changes to a job, forcing the employee to resign.
What is constructive dismissal?
What are the four elements of negligence that must all be proven?
Duty of care, breach of standard of care, harm, causation
This clause excuses contract obligations when unexpected events like pandemics or natural disasters make performance impossible.
What is a force majeure clause?
This case involved women ski jumpers claiming gender discrimination before the 2010 Olympics.
What is Sagen v. VANOC?
This trademark problem happens when a famous mark loses its uniqueness because of another party’s use, even without consumer confusion.
What is trademark dilution?
This defence in defamation law protects opinions that are honestly held, even if critical or harsh.
What is fair comment?
This legal concept explains why universities, schools, and sport clubs can be held liable for the actions of their coaches, instructors, or staff.
What is vicarious liability?
This defence reduces an injured person’s damages if they contributed to their own injury.
What is contributory negligence?
This type of unfair contract results when one party has overwhelming power, creates extremely one-sided terms, or takes advantage of vulnerability.
What is unconscionability?
This type of defence allows an organization to justify a potentially discriminatory rule by proving it is necessary and legitimate for the role or service.
What is a Bona Fide Qualification (BFQ)?
This type of intellectual property protects confidential business information such as scouting reports, analytics models, and team strategies.
What are trade secrets?
This negligence defence applies when someone voluntarily accepts the physical risks of a sport.
What is assumption of risk?
This term refers to a statement that is assumed true until proven otherwise.
What is prima facie?