Lesson 18-19
T or F: The Ontario Human Rights Code looks at Intent, not Effect
F: Effect, not Intent
When should older equipment definitely be replaced?
When there is a marked improvement in safety with new equipment.
Duration one can camp in one place on Crown Land in Ontario.
21 days
(87% of Ontario!)
Number of people injured each year by foul balls in big league stadiums.
1750
Foreseeable that someone could be injured!
Act protecting people who say sorry from implying guilt.
Apology Act
Provincial law that gives everybody equal rights and opportunities without discrimination.
Ontario Human Rights Code
(employment, housing, services, unions, contracts)
Supersedes other laws in Ontario
Old approach to consumer protection where the buyer was responsible for determining if the goods were suitable.
Buyer beware
Type of decisions the government can be sued for.
Operational decisions
(Not policy decisions)
Strategies to keep spectators can be kept out of bounds. (Hard to do with certain types of events)
Barriers
Have trained staff
Ask person to leave
Use of reasonable force
Act that replaced the Day Nurseries Act in 2015
Child Care and Early Years Act
Person fundamental in creating the UN Declaration of Human Rights
Eleanor Roosevelt
Act that protects the buyer from a seller who sells things that:
•They are not authorized to sell
•Don’t match the product description
•Don’t match the product sample
•Are not reasonably fit for intended use
Sale of Goods Act
Ways government can reduce liability on public lands.
Post signs
Restrict activities
Conduct patrols
Pass laws (fines)
Approach being used at a number of music festivals to reduce the number of negative incidents related to drug use.
Harm reduction
Act that replaced the Elderly Persons Centre Act, providing new funding for seniors' programs.
Seniors Active Living Centres
When does an organization not have a duty to accommodate?
If it would cause undue hardship:
Expense would put the company out of business
Would create a health and safety danger
What a consumer can sue for under the Consumer Protection Act.
Compensation
Damages
(have one year from transaction date to give notice of repudiation [rejection])
Period of time from time of injury a party has to file a notice of claim against the Government.
10 days
Consequence for Ken Pagan, responsible for the "Beer Can Toss"
100 community service hours
Loss of his job
Judgement by the media
Defamation through written means is known as this.
Libel
(Slander when spoken words)
What does Ordinary Course of Business mean?
–On the employer’s premises
–During usual working hours
–While staff is performing regular job duties
Arguments why a program may not want to inspect participant equipment.
Time consuming
Defects may not be visible
False guarantee of safety
Changes in the Proceedings Against the Crown Act proposed in the latest provincial budget.
Repeal the Act - Crown Liability and Proceedings Act instead
Can't sue for negligence for certain regulatory, legislative or policy decisions.
Crown not liable for tort of Crown agencies
Must obtain permission from courts before proceeding with tort claims based on bad faith.
Three conditions necessary for the definition of assault to be met
Application of force
Force must be intentional
Victim must not have consented
(When bodily harm occurs, now battery)
Who is protected under the Good Samaritan Drug Overdose Act
People who call 911 or are at the scene in the case of an overdose and are in simple possession of controlled substances.