Review -test #3 Flashcards

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1
Q

Sue for public nusince - Individual recourse

A

prove sunstantial damage
costly as you have to pay legal fees if lost case
nuisince suit does not need attorny general signature as ontario made environmental bill of rights

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2
Q

sue for private nuciense (tort law)

A

unreasonable or substantial damage

Noise, air quality, water quality

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3
Q

Negligence

A

act under standereds that causes damage

recall R v. Macmillian blodel

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4
Q

Reasonable care

A
  1. company pays for dmage
  2. compensation or injuction to remove nuscience
  3. unresoanble care hard to prove
  4. unreasonable tampring with ones property
  5. one has to prove company did not take reasonable care and had intentions to cause damage
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5
Q

The breaker v. ministry

A

tire dump in backyard causing aresnic and other harmful and toxic chemicals to sprea

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6
Q

Laws/regulation

A
Government :
-restore, conserve, protec
citizen:
-Take part in decision making 
Provincial/ federal govenment 
-Responsible for running tests 
evalutating solutions 
Moe- Ministry of environment - provincial governemnt 
-econocmic and environemtn balance 
-department of environemnt 70'
-canadian environment protection act 71'
-environment protection act 99'
-fines and gail time grnated
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7
Q

union

A
  1. wages, hours, working condition set
  2. lay off can results in reinstatement
  3. vacation, raise, promotion decided upon superiotrity
  4. workers strike to force employer to decide in thier favour
  5. union fees to use union services
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8
Q

non- union

A
  1. wages, hours, working condiition are negotated
  2. layoff cannot result in reinstatement
  3. vacation , promotion, raise, are up to employer to deicde
  4. Individual has to negotiate, no levrage ]
  5. no union fees
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9
Q

Employment standereds act

A

limits employee bargaining power

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10
Q

Ontarion health and safety act

A

employees have to pay premiums for saftey records

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11
Q

pay equity

A

gender does not decide the amoutn of pay

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12
Q

conciliation/mediation

A

when worker and employer cannot come to an agreement and make a collective bargaining agreement, colication is brough it to mediate

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13
Q

wild cat strike

A

worker strike during a collective agreement which they call

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14
Q

Lockout

A

when worker and employeer cannot come to agreement to make a collective abrgaining agreemeng

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15
Q

Union structure

A

Organization that helps employees negotiate terms
such as wages, hours, and workign conditions
cast union (labour worker in 1820)
industrial union (specific worker like inductry)
government union in mid 30

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16
Q

Collective bargaining

A

Negotiation between worker and employee
employees have little powe- power in =numbers
employees can get fiered very easily
employeer thing if they lockout empliyee they will give up
employee knows they are both getting damage thoguh the strike and things employeer will give up
when agreement reached, they sign collective barganing agreement

17
Q

Toyota

A

40% say yes to union

50 percent of 40 says yes than union continues