Midterm Slides

Question 1

Doctrine of federal paramountcy

Answer 1

The federal government holds residual power for matters, not explicitly assigned to provinces, ensuring governance over emerging and unforeseeable issues like telecommunications

Question 2

Provincial powers

Answer 2

Education, healthcare, property, and civil rights, natural resources, municipal government

Question 3

Equity

Answer 3

The common law isn’t working

Seek to ensure fairness in situations were strict, legal rules may lead to unjust outcomes

Seeking equitable remedies requires clean hands

Require an immediate response

Question 4

Compensatory damages

Answer 4

Must be foreseeable, unless intentional tort

Must try and mitigate it

Question 5

Kind of intentional towards (directly protect, indirectly protect, property)

Answer 5

Directly protect people
- Assault
- Battery
- False imprisonment
Indirectly protect people
- Intrusion on seclusion
- missapprobation of personalit
- public disclosure of private facts
Protect property
- trespass to land
-interference with chattel

Question 6

False imprisonment defences

Answer 6

Consent as a complete defence to all intentional torts

Authority to detain is also defence (police guard with a reasonable grounds)

Question 7

Intrusion on seclusion

Answer 7

Intentionally or recklessly invading privacy

Regional person would find it offensive

Without legal justification

Causes distress or humiliation

Question 8

Elements of intimidation

Answer 8

Threatened to commit an unlawful act

Thread has to work

Question 9

Unlawful means

Answer 9

Cannonball example

Create a parasitic plaintiff
- only applicable if plaintiff takes action

Question 10

Defamation

Answer 10

A publicized false statement about a living person