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Lecture 3

BUSA 364 Lecture Notes - Lecture 3: Primary And Secondary Legislation, Counterclaim, Equal Protection Clause


Department
Business Admin
Course Code
BUSA 364
Professor
Keith Laidley
Lecture
3

Page:
of 3
- Omicron Inc claims that a municipal bylaw violates its right to equality under section
15(1) of the Charter. Section 15(1) states: "Every individual is equal before and under the
law and has the right to the equal protection and equal benefit of the law without
discrimination" based on various grounds. The company will lose its argument because
o although some parts of the Charter apply to corporations, section 15(1) is limited
to "individuals" and therefore cannot apply to Omicron
- A court recently found, as a matter of fact, that a party's ability to advertise was
restricted. In some circumstances, such a restriction violates section 2(b) of the Charter.
Ultimately, however, the court's decision did not allow the affected party to advertise as it
wished. Which of the following statements may explain that end result
o all of the above
- The notwithstanding clause
o all of the above
- Subordinate legislation
o is practically necessary because it is impossible for legislators to constantly
monitor all of their statutes
- The Town of Blackville created a set of rules for the licencing of businesses. Which of
the following statements is likely TRUE
o all of the above
- Which of the following statements is TRUE
o The territories have legislatures, but not senates
The legislature in each and every province and territory is called the
Legislative Assembly
Parliamentary bills are always introduced in the House of Commons
before being sent to the Senate
- Which of the following statements is TRUE with respect to municipalities
o none of the above
- Which of the following statements is TRUE
o Regulations, statutory instruments, ordinances, and Orders-in-Council are types of
subordinate legislation
The Prime Minister is the person who leads the party that has the most
number of senators
Before a bill becomes a federal law, it must receive royal proclamation,
which is given by the Governor General on behalf of the Queen
- Hughes Inc hired Liz to act as the chief architect for a major shopping development.
After about a year, however, the parties’ relationship began to deteriorate and the
situation quickly became intolerable and irreparable. Each side blamed the other. Hughes
Inc sued Liz for breach of contract. Liz defended that claim and started a counterclaim in
which she alleged that Hughes Inc had broken their agreement. The dispute was
eventually resolved through arbitration. Which of the following statements is TRUE
o Even if both parties are based in Manitoba, even if the contract was signed in
Manitoba, and even if the shopping development was intended to be located in
Manitoba, the arbitration could have taken place in a different province
- Demartini Inc sued Bentley Regehr for breach of contract. Demartini argued that it was
entitled to receive a payment of $50 000 from Regehr. After failing to reach a settlement,
the parties took their case to court. Which of the following statements is TRUE
o If the court finds Regehr liable for $50 000, Demartini may try to obtain payment
from Regehr by garnisheeing money that Regehr is entitled to receive from his
employer
- Wolodko Engineering Inc sued Dhaliwal Ltd for the tort of negligence. At one point
during the litigation process, an examination-in-chief occurred. That means that
o none of the above
- A court recently held Acme Corp responsible for spilling pollutants into a stream. Which
of the following statements is most likely TRUE
o If the court required proof beyond a reasonable doubt, Acme Corp was called the
accused
- The doctrine of precedent
o is never relevant if the resolution of a case involves the interpretation of a statute
- A trial judge in Manitoba has heard a case dealing with a particular issue. Which of the
following statements is TRUE according to the doctrine of precedent
o If there are no other precedents, the judge is required to follow a decision of the
Alberta Court of Appeal
- Jinyan has been involved in a law suit for several years. She recently sought “leave” from
the Supreme Court of Canada. That means that she
o wants the court to hear her appeal
- Justice Major dissented in the case of Dobson v Dobson. That means that
o he disagreed with the result reached by most of his colleagues in an appeal that
they heard together
- Which of the following statements is TRUE
o Arbitration is often binding
The phrase “court hierarchy” refers to the fact that the courts must obey
the words of a valid statute
The judges of the superior court in each province are appointed by that
province’s government
The phrase “rule of law” refers to the fact that a law must contain a rule
that either prohibits someone from doing something or allows someone to
do something
- At the end of a case, a court awarded costs against Craig. Which of the following
statements is TRUE
o none of the above
- Which of the following statements is TRUE
o The decision received from an arbitrator is frequently immune from appeal
Mediation is normally binding, unless the parties agree otherwise.
The process of negotiation tends to correct any imbalance in bargaining
power, and therefore is usually preferred if one party is a consumer and
the other is a large corporation