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Chapter 10,11,12.pdf

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Ryerson University
CRM 101
Jennifer Fraser

FINAL EXAM 1. Cumulative but heavy focus on post-midterm material 2. 2 hours, open book 3. 7 true/false (2marks) – 14 4. 9 short answer – 26 5. Total of 40 marks 6. Seat #s posted online (MTCC metro Toronto convention center) hall A **3 minutes a mark** CHAPTER 10 CON’T - Corporation – although not one employee liable for everything, and another was for something else, by themselves as entirety not catastrophe, but the entire corporation would be o Crown can bring charges against employees/senior officers o Protect yourself: due diligence from corporation & individuals POV  documentation o 10-6 (unlawful conduct) – Watkins case o Whistleblower protection – protects you against employer (if you participate you may get some leniency)  approach through a lawyer o 10-8 – compensate due diligence for employees o Indemnity – a corporation pays back a director/employee for legal fees (any loss you may suffer, damages, fines, lawsuit)  2 conditions met: 10-10, act in good faith, must have lawful conduct  Include investigations whether or not charges are laid  10-10.1 – should corporation fight back?  10-12, 10-13 – go after individuals to deter the actions, not withstanding general corporate veil, so you will be personally liable. Pursue the individual. Corporation may not have $$ but the individual may have $$  Most plead guilty because they do not have the resources to mount a due diligence defence  If corporation no longer exists, only targets left may be individual corporate officers  E & O (insurance in case company is bankrupt) o Importance of company culture for compliance CHAPTER 11 - Cross the RUBICON – passing the point of no return 1) investigations – dentist (RCPO – can conduct audits on you), fishing (license scheme)\ 2) Search & seizure – fear that what is used as an investigative tool becomes a backdoor for government to conduct unreasonable seizure a. Charter challenge (you want to strike down the law) b. 11-3 Section 109 – mandatory, parties that fail to give notice there is no remedies i. An accused is entitled to have trial within a reasonable time ii. Crown has to disclose all evidence to you (benefit for the public for justice to be carried out) iii. CIP case 11-5 – ruled the court cannot rely on the assumption of prejudice (especially corporation) 1. Corporations cannot really be put in jail, this cannot be assessed by unreasonable time rule. Corporation faces no such danger and the solution should not be there b/c there is no problem. 2. Case was thrown out of court (19 month delay) 3. Maximum delay in provincial courts established in R v Morin is 10 months 4. Have to balance societal interest in seeing person charged with offence
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