Study Guides (238,442)
Canada (115,138)
Commerce  (94)
COMM 231 (35)

COMM – Midterm.docx

6 Pages
Unlock Document

University of Waterloo
COMM 231
Joseph Radocchia

COMM – Midterm Federal: H.O.C. & Cabinet Provincial: Legislation assembly -Regulations implement laws that are passed -British North AmericanAct  Canadian Constitution Act 1867 -7/10 Prov & 67% Pop needed to change act s.91 – Outline powers of Fed gov’t s.92 – Outline powers of Prov gov’t -Fed gov’t powers – currency, exchange -Residual powers = Fed -Both can make laws in same area i.e. environment -Fed gov’t cant make nationwide laws (ultra verus) -Prov gov’t have to accept (possible w things that are nationwide - Paramountcy: establishes that where there is a conflict between valid provincial and federal laws -Prov gov’t create municipal gov’t under s.92 -Fed gov’t create territories under s.91 Charter of Rights & Freedoms 1982 -Protects from gov’t action -It is bound by the constitution S.1 Reasonable Limits Clause -> Gov’t can limit our rights if its for our benefits (laws of necessity) S.2 Fundamental Freedoms -> Freedom of religion, speech, association, assembly S.3 Democratic Rights -> Right to vote S.7 Legal Rights -> Crim law rights (clause, life liberty & security of person) S.8 Search & Seizure -> Need permission from individual or warrant to search property S.13 Right to self-incrimination -> Can’t testify against self S.16 Language Rights -> Right to speak French or English under Fed gov’t (pg. 16) S.33 Notwithstanding Clause * - Suspend Charter Rights except for S.16 language rights - Strike down rights in charter by invoking clause - Never been used before  invokes bad precedence Courts of Equity -Use equity to make decisions Ontario Superior Court of Justice -Both court of Common Law & Equity Want the courts to Remedy situations 1. DAMAGES: $ 2. INJUNCTION: Fairness Remedy (courts of equity) 3. RESTITUTION: Restore what is yours back to state it was before 4. SPECIFIC PERFORMANCE: Order to fulfill a contract (done by judge in court) 5. DECLARATION: Ask court to pronounce what should happen with laws; claim NOT at fault with what happened 6. RESCISSION: Want court to undo a contract 7. CONTEMPT OF COURT: Court orders not followed -> becomes criminal, jail Courts S.C.C: appeals only (has to have national importance + leave of permission | Federal Court ofAppeal | | Federal Court Trial Division (War Crimes) Tax Division S.C.C | Ontario Court ofAppeal | Ontario Superior Court of Justice (Common Law, Equity trial court, appeal court, any case) | Ontario Court of Justice (only deals w family & most criminal matters) Litigation Process: Appeal Court options: (A) UPHOLD  No errors (B) OVERTURN IN PART  i.e. supports NO mistake; change damages (C) OVERTURN IN WHOLE  Change entire decision (D) OVERTURN TO NETURAL Appeal court refuses to decide on the matter; bring back to lower courts, new judge, court of ADR (1) NEGOTIATION: 2 parties come to a resolution (2) MEDIATION: Neutral 3 party assists them to come to a decision: both pay (generally) -“Withhold prejudice” –everything must stay confidential about the negotiations made in mediation (cannot be presented as evidence in court) rd (3)ARBITRATION: Neutral 3 party makes decision  Binding -ArbitrationAct: sets out framework on how to sent up arbitration -Parties have to chose to make it final & binding Legal Terms STANDING TO SUE: Right to participate in legal process INTERVENOR STATUS: Individual can intervene a case where they have no stake (court must permit it) RES JUDICATA: Only one trial (unless you can show some evidence was no available OR fraud against you was committed) CONTINGENCY FEES: Layers paid % of damages won -Legislation sets rate 30% (lawyer only gets paid if they win) TORT LAW -Putting victim back into the place they were before offence/injury History (1) Took Strict Liability approach: prima facia  “on its face” -Onus on defendant  reverses to them -Plaintiff must show what you did was enough (2) Faults: Reynolds v. Clarke -> Court starts to talk about fault -> Plaintiffs responsibility to have onus *Fault based approach MOST common (3) No Fault: -Motor vehicle insurance (BOTH no fault & fault; sue for injuries seek no fault, & insured from insurance -Workers compensation ** -Gov’t passed legislation which changes tort law -Businesses must pay for workplace injuries even if worker is at fault -Has to happen in the workplace -Can’t sue employer MUST go through workers compensation -Right to sue taken away 4 benefits Intentional Torts -Battery: Only in civil law  physical touching w/o consent -Assaults: Threats against someone -False Imprisonment: Detaining someone unlawfully -Deceit/Fraud: Forge a check OR mislead purposely -Trespass: 2 Types; Real Property = LAND Personal Property =Abike, phone, etc -Explicit OR implying (understanding) authority grants permission -Have the right to remove trespasser w force necessary to remove them Trespassers to PropertyAct: Write a letter to gov’t addressing someone you don’t want on your property (can be for no reason) Defamation -Needs to be published, either; -Libel -> includes TV or radio -Slander Defences to Defamation (1) Truth (2) Fair Comment – Based on honest belief &
More Less

Related notes for COMM 231

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.