Canadian Legal System
Name two primary sources of law in Canada.
Statutes and common law
Thin skull rule.
Thin skull: take the victim as found (extent of harm).
What is the “organization/integration” test for employment?
If the worker is integrated into and essential to the business, they’re likely an employee (e.g., firm’s secretary vs. outside repair tech).
What turns an offer into a contract?
Unqualified acceptance communicated to the offeror. Conduct can count if it clearly signifies assent.
What does separate legal entity with limited liability mean for shareholders?
The corporation is distinct from its owners; shareholders are liable only up to the value of their shares (not personally for corporate debts).
Vancouver passes a bylaw letting bars serve alcohol until 12:30 a.m. A provincial statute limits alcohol service to 11:00 p.m. A bar relies on the city bylaw to serve past 11. Which rule controls? *This is a tough one*
Under the Constitution Act, 1867, provinces have exclusive power over Municipal Institutions in the Province. So the provincial statute prevails. the city bylaw is invalid and service must stop at 11:00 p.m.
Assault
Intentional act causing a reasonable apprehension of imminent harmful or offensive contact - no contact.
Name two indicators of employee vs contractor status.
Control over how/when work is done; integration/tools supplied; risk of loss/chance of profit.
Implied acceptance vs silence.
Conduct can imply acceptance; silence alone is not acceptance absent prior dealings or clear agreement.
What is a partnership?
Two or more persons carrying on business together with a view to profit.
Who regulates employment standards for a BC retail store: federal or provincial?
Provincial (BC Employment Standards), except federally regulated industries (e.g., banks, telecom).
Someone gets injured at a trampoline park, who signed a waiver. What defence could be used?
Voluntary assumption of risk if risks were explained and accepted.
Scenario: Jimmy is a Rogers Arena Security Guard For Day Events. His Employer unilaterally cuts pay 20% and moves shifts to nights permanently. Is there a claim?
Constructive dismissal (substantial unilateral change to essential terms of the contract). Goes to the root of the contract.
You contract to buy a rare vinyl from Lee; unknown to both, it was destroyed in a flood last week. Is there a contract?
Common mistake about the existence of the subject matter. contract is void; no consideration possible.
BUS 393 Inc. is a company not listed on any exchange, and raises money only by private placements. Is it a public or private company?
Private.
What’s the standard of proof in civil vs criminal cases?
Civil = balance of probabilities. Criminal = beyond a reasonable doubt
Scenario: At a public archery range, Jordan ignores a blocked-off no-practice area and shoots an arrow that ricochets into a bystander. Identify liability and any defences.
Negligence: duty to other range users, breach (ignoring safety flag), causation and foreseeable injury. Possible contributory negligence defence only if the bystander also ignored posted safety rules.
A UPS driver, while delivering a package, argues with the customer about a past delivery issue, throws hot coffee at them, and smashes the mailbox. Can the employer be vicariously liable? Is the driver personally liable?
Employer: likely vicarious liability as the assault is sufficiently connected to assigned duties (time/place/causal link to the delivery).
Employee: Yes, personally liable for the intentional tort and possible criminal charges.
A chef books a venue for a pop-up restaurant. Two days before, a government order shuts down all the restaurant's on the block due to a massive city flood. Neither party is at fault and the chef prepaid the permit. Is there a contract and what happens?
Frustration - future obligations discharged
What is a corporation and what can they do?
Separate legal entity with limited liability for its owners (shareholders). Can sue, may buy and sell, make contracts, own land.
After posting political views online, Priya is fired by MegaMart, a private retailer. She claims a breach of Charter s. 2(b) freedom of expression and wants a court order against MegaMart. Does the Charter apply?
No. The Charter binds government, not private companies.
A Vancouver food influencer posts: “Copper Spoon failed a rat inspection last week, so avoid at all costs,” tagging the restaurant. In fact, the most recent inspection passed with no issues at all. A large corporate client cancels a catering order due to seeing the post. What’s the likely outcome?
Defamation likely. It’s a false factual allegation, published, and about the restaurant. Truth/justification fails as the fact is wrong. Fair comment fails as not recognizable comment based on true facts. Damages: general, plus special for the lost contract if proven; possible aggravated if malice.
Ravi, an inventory supervisor with 8 years’ clean record, voids a POS sale and takes $180 headphones; when confronted he denies it, then admits and repays. Whats the issue?
Just cause: theft and dishonesty in a position of trust undermines the employment relationship. Valid reason to terminate work.
Gerald, president of the SFU Contract Club, orders 300 limited hoodies from CozyThreads for a Dec 1 campus pop-up; the contract notes the Dec 1 sales event and delivery date. On Nov 30, CozyThreads emails: “We won’t be able to deliver.” Gerald covers at +22% per unit with rush freight from SwiftTees.
Identify the breach
Anticipatory repudiation. There is a duty to mitigate and find an alternative if available (which he did). Gerald can aim to recover the cover difference and added costs.
What is the liability of general partner vs limited partner?
A General partner has unlimited personal liability, but a limited partner’s liability is capped if they do not manage.