LAW 122 Study Guide - Midterm Guide: Primary And Secondary Legislation, Section 33 Of The Canadian Charter Of Rights And Freedoms, Consumer Protection
24 Oct 2013
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Chapter one: risk mgm"t and sources of law. Liability (done wrong) and property (damaged, lost or destroyed) insurance n/a. Canadian society, including its political and legal systems. Not for private businesses: protected by federal of provincial legislation. *term government can refer to parliament, legislatures, police and community colleges. *not all freedoms under section 2 applies to companies. *notwithstand clause: parliament or legislature can override section 2 (fundamental rights) or. Section 15(equality rights) but not section 6 (mobility rights) Residents of the ont. are automatically included in class action unless they have opted out. Cheaper for all, quicker settlement, taken more. Judgment debtor, garnishee (employer pays), seize and sell. Appeal to higher court, palpable and overriding error, reversing, vary, re-trial. In-house counsels are expensive but increases chances that potential problems will be identified before they become a major problem. Most claims started within 2 years from day plaintiff discovered cause of action.
