Canadian Law of Work (1)

Question 1

Common Law

Answer 1

System of judge made rules originated in England and inherited in Canada.
Precedent based approach to case law
earlier decisions dealing with similar facts or legal issues guide later decisions = create predictability
common law rules can evolve as social values change

Question 2

Breach of Contract

Answer 2

Party to a contract violates one or more terms of a legally binding contract

Question 3

Freedom of contract

Answer 3

free to contract as long as no illegality is involved

Question 4

Precedent

Answer 4

Earlier decision by a judge that dealt with the same, or similar, facts legal issues as those before a judge in current case

Question 5

Stare decisis

Answer 5

Latin = “to stand by a previous decision”

guiding principle in common law regime

Question 6

Jurisdiction

Answer 6

Scope of authority over which a government, court, or expert administrative power has the power to govern

Question 7

Binding precedent

Answer 7

Earlier decision by a court of higher ranking dealing with the same legal issue in a case that comes before a lower court judge
The lower court judge is required to apply the same reasoning and legal test applied by the higher court

Question 8

Tort

Answer 8

Wrongful act done by one person to another that judges have recognized as legally actionable
ex: nuisance, trespass, negligence, conspiracy

Question 9

Statute

Answer 9

law or legislation produced by a government that includes rules that regulate the conduct of business and people
ex: Ontario Employment Standards Act, 2000.

Question 10

Injunction

Answer 10

Legal Order issued by a judge prohibiting a person from engaging in a particular course of action, such as breaching a contract, committing a tort, violating a statute

Question 11

Regulations

Answer 11

Government made detailed rules introduced as a supplement to, and pursuant to authority created in a statute.
For example: Min wage by Ontario Employment Standard Act.

Question 12

Protective standards regulation

Answer 12

Gov regulation designed primarily to protect employees by imposing mandatory standards, such as minimum contract requirements and safety rules.

Question 13

Expert administrative tribunals

Answer 13

Decision-making bodies created by a government statute and given responsibility for interpreting and enforcing one or more statutes and any regulations pursuant to that statute

Question 14

Interest Arbitrator

Answer 14

individual or three-person expert arbitration board tasked with writing the terms of a c.a. when the union and employer are unable to reach agreement through voluntary collective bargaining