Module 1-2 (Until Quiz) Flashcards
What is statute law?
Laws (legislation, acts, statutes) passed by the federal or provincial government.
What is Royal Ascent?
When a bill becomes a statute.
What are regulations?
Rules made under the authority of a statute. They are detailed rules on how to implement or administer a statute, or include exemptions.
What is Section 1 of the Charter?
It provides that Charter rights are subject to reasonable limits.
What is Section 33 of the Charter?
The Notwithstanding Clause. It allows the provincial or federal government to enact legislation notwithstanding a violation of certain Charter rights.
What is stare decisis?
A principle stating that decisions made by higher courts are binding on lower courts in the same jurisdiction in similar situations.
What are the two branches of common law?
Contract law and tort law.
What must a plaintiff prove in order to establish a negligent tort?
That the defendant owed the plaintiff a duty of care, the defendant breached that duty, and the plaintiff suffered foreseeable damages as a result.
What do Administrative Tribunals do?
They make decisions in specialized areas like employment standards or discrimination.
Where would you find common law employment decisions?
Case reporters: periodical publications containing written rulings.
What are the three basic elements of a contract?
Offer, acceptance, and consideration.
Why should one try to always use written contracts?
Reduces risk of misunderstandings;
Addresses contentious issues early;
Reduces uncertainty;
Reduces liability.
What is an implied term?
A term that the courts will deem part of a written or oral contract despite their absence.
What are some key terms of a standard employment contract?
The names of the parties, starting date, job title and description, duration, compensation, termination clause.
What is an “unconscionable” contract?
One that is unreasonably one-sided.
What does section 15 of the charter cover?
Equality rights.
What are the key Ontario employment statutes?
Employment Standards Act (2000)
Human rights code
Labour Relations Act (1995)
Ocupational Health & Safety Act
Workplace Safety and Insurance Act (1997)
Pay Equity Act
Accessibility for Ontarioans with Diabilities Act (2005)
What is a public bill?
They are introduced in the legislature by the Cabinet minister who is responsible for the relevant subject matter.
What is the difference between a private member’s bill and a private bill?
A bill introduced by a private member of legislature, that still has to do with matters of public importance. A private bill deals with non-public matters.
What are the three ways a bill may become a statute?
Royal ascent (immediately), on a particular date (as stated in the bill itself), or on proclamation (it comes into affect on a date to be announced later, or even piece by piece).
What is the mischief rule?
When lawmakers interpret a law based on the problem the law was initially put in place to solve, and apply the corrective rationale to the new issue.
What are the two main federal employment statutes?
The Canada Labour Code (employment standards, collective bargaining, health and safety)
The Canadian Human Rights Act (human rights and pay equity)
What two federal laws apply to both federally and provincially regulated industries?
Canada Pension Plan and Employment Insurance Act
What is the term for a party that engages an independent contractor?
A principal.
What are the three main types of restrictive covenants?
Non-disclosure clause
Non-solicitation clause
Non-competition clause
Describe Jantunen v Ross.
Collectors tried to take tips, tips were interpreted as wages, due to mischief rule(?)
Describe Vriend v Alberta.
Gay man fired by Christian college in Alberta, Supreme Court of Canada ruled that sexual orientation should be “read into” Alberta’s human rights law as a protected ground.
