Podcast
Questions and Answers
Which statement best describes 'moral rights' in the context of copyright?
Which statement best describes 'moral rights' in the context of copyright?
- Rights that allow authors to critique their own work.
- Rights to exclusively own all profits from merchandise.
- Rights to be properly attributed and not have work altered through association. (correct)
- Rights to financial compensation from adaptations.
Who are directors of a corporation elected by?
Who are directors of a corporation elected by?
- The public through a voting process.
- The shareholders of the corporation. (correct)
- Current employees of the corporation.
- The board of advisors.
Which of the following transfers possession of land, for a fixed period, in exchange for a fee?
Which of the following transfers possession of land, for a fixed period, in exchange for a fee?
- Lease (correct)
- Permit
- License
- Mortgage
What legal obligation may municipalities impose on property ownership?
What legal obligation may municipalities impose on property ownership?
What is a legal arrangement where one party holds legal title of property for the benefit of someone else?
What is a legal arrangement where one party holds legal title of property for the benefit of someone else?
Which of the following is true regarding the rights of a lessee?
Which of the following is true regarding the rights of a lessee?
What action may a business take if someone tries to use its name and goodwill without permission?
What action may a business take if someone tries to use its name and goodwill without permission?
What should directors regularly do to fulfill their responsibilities?
What should directors regularly do to fulfill their responsibilities?
Which of the following is NOT a responsibility of shareholders?
Which of the following is NOT a responsibility of shareholders?
What do directors need to do to avoid personal liability?
What do directors need to do to avoid personal liability?
What is one primary purpose of shareholders' agreements?
What is one primary purpose of shareholders' agreements?
How should directors stay updated with the company's affairs?
How should directors stay updated with the company's affairs?
What can creditors do if shareholders strip a corporation of its assets?
What can creditors do if shareholders strip a corporation of its assets?
What must occur for a valid bailment relationship to exist?
What must occur for a valid bailment relationship to exist?
Which factor is NOT considered when determining the degree of care expected from a bailee?
Which factor is NOT considered when determining the degree of care expected from a bailee?
In a bailment arrangement, which statement best describes the rights of a bailee?
In a bailment arrangement, which statement best describes the rights of a bailee?
What limitation may apply to a tenant regarding property rights?
What limitation may apply to a tenant regarding property rights?
What legal recourse does a property owner have against trespassers?
What legal recourse does a property owner have against trespassers?
What must a property owner do to effectively utilize the right to exclude?
What must a property owner do to effectively utilize the right to exclude?
What is the legal term for a contract that transfers possession of land, for a fixed period, in exchange for a fee?
What is the legal term for a contract that transfers possession of land, for a fixed period, in exchange for a fee?
What legal arrangement involves one party holding legal title for the benefit of another?
What legal arrangement involves one party holding legal title for the benefit of another?
Which of the following is typically an obligation imposed on property owners by municipalities?
Which of the following is typically an obligation imposed on property owners by municipalities?
What is one critical function of shareholders' agreements in a corporation?
What is one critical function of shareholders' agreements in a corporation?
Which of the following statements regarding creditor protection is accurate?
Which of the following statements regarding creditor protection is accurate?
What must shareholders' agreements ensure regarding minority shareholder protection?
What must shareholders' agreements ensure regarding minority shareholder protection?
What standard must directors and officers meet according to the duty of competence?
What standard must directors and officers meet according to the duty of competence?
In the context of fiduciary duty, which of the following scenarios represents a breach?
In the context of fiduciary duty, which of the following scenarios represents a breach?
In terms of shareholder rights, what does the term 'proxy' refer to?
In terms of shareholder rights, what does the term 'proxy' refer to?
Which right allows a shareholder to investigate management practices?
Which right allows a shareholder to investigate management practices?
What voting right is granted to all shareholders?
What voting right is granted to all shareholders?
How can directors reduce their personal liability exposure?
How can directors reduce their personal liability exposure?
What often distinguishes common shares from preferred shares?
What often distinguishes common shares from preferred shares?
What constitutes an example of statutory breach that could lead to director liability?
What constitutes an example of statutory breach that could lead to director liability?
Which of the following scenarios would NOT typically expose a director to personal liability?
Which of the following scenarios would NOT typically expose a director to personal liability?
According to the Bardal case, what factor is NOT considered when determining common law reasonable notice?
According to the Bardal case, what factor is NOT considered when determining common law reasonable notice?
Which of the following is NOT a condition for mental stress claims to be considered work-related?
Which of the following is NOT a condition for mental stress claims to be considered work-related?
Which action would likely disqualify a worker from receiving benefits due to wilful misconduct?
Which action would likely disqualify a worker from receiving benefits due to wilful misconduct?
What must occur for a pre-existing condition to be eligible for coverage under WCB?
What must occur for a pre-existing condition to be eligible for coverage under WCB?
Which of the following activities would be considered purely personal and thus not related to employment duties?
Which of the following activities would be considered purely personal and thus not related to employment duties?
Which statement about the confidentiality of medical files is true?
Which statement about the confidentiality of medical files is true?
Which of the following statements is true regarding requests to correct personal information held by the government?
Which of the following statements is true regarding requests to correct personal information held by the government?
If an injury is caused by horseplay that is a serious deviation from employment duties, it is likely to be covered under WCB.
If an injury is caused by horseplay that is a serious deviation from employment duties, it is likely to be covered under WCB.
For PTSD claims from first responders, the worker does not have to prove a causal relationship with work.
For PTSD claims from first responders, the worker does not have to prove a causal relationship with work.
An intentional self-inflicted injury is considered a compensable injury under WCB regulations.
An intentional self-inflicted injury is considered a compensable injury under WCB regulations.
All workers with pre-existing conditions are automatically covered under WCB for any disability claims.
All workers with pre-existing conditions are automatically covered under WCB for any disability claims.
Activities that have no direct or indirect relationship to employment duties can still be compensated under WCB.
Activities that have no direct or indirect relationship to employment duties can still be compensated under WCB.
Mental stress claims must be confirmed by an appropriately qualified medical expert to be considered for compensation.
Mental stress claims must be confirmed by an appropriately qualified medical expert to be considered for compensation.
Fighting over purely personal issues is likely to be deemed as a work-related injury under WCB rules.
Fighting over purely personal issues is likely to be deemed as a work-related injury under WCB rules.
Organizations must provide individuals with access to their personal information upon request.
Organizations must provide individuals with access to their personal information upon request.
Assuming that an older employee will retire can potentially expose employers to liability for age discrimination.
Assuming that an older employee will retire can potentially expose employers to liability for age discrimination.
Flashcards
Corporate Criminal Liability
Corporate Criminal Liability
A corporation can be held liable for intentional criminal offenses if a senior officer, acting within their authority, engages in unsafe conduct that leads to death or injury; or directs representatives to do so; or knows about the unsafe conduct but takes no action.
Corporate Liability (Negligence)
Corporate Liability (Negligence)
A corporation can be convicted for negligence-based offenses if a representative's unsafe actions cause injury or death, and senior officers significantly failed to meet reasonable safety standards to prevent the incident.
Regulatory Offense
Regulatory Offense
An offense that violates public interest.
Director's Role
Director's Role
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Corporate Liability Areas
Corporate Liability Areas
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Senior Officer Liability
Senior Officer Liability
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Workplace Death Example
Workplace Death Example
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Trademark
Trademark
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Traditional Trademark
Traditional Trademark
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Non-traditional Trademark
Non-traditional Trademark
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Registered Trademark
Registered Trademark
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Unregistered Trademark (Common Law Trademark)
Unregistered Trademark (Common Law Trademark)
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Passing Off
Passing Off
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Geographic Protection
Geographic Protection
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National Protection
National Protection
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Presumption of Ownership
Presumption of Ownership
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Trade Name
Trade Name
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Drone Operation Restrictions
Drone Operation Restrictions
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Right to Possess
Right to Possess
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License vs. Ownership
License vs. Ownership
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Right to Transfer Ownership
Right to Transfer Ownership
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Trust and Property Ownership
Trust and Property Ownership
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Property Ownership Obligations
Property Ownership Obligations
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What are leases?
What are leases?
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What are property taxes?
What are property taxes?
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What is passing off?
What is passing off?
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Copyright Infringement
Copyright Infringement
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Substantial Part
Substantial Part
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Non-literal Copying
Non-literal Copying
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Moral Rights
Moral Rights
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Cumulative Effect
Cumulative Effect
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Cyber-squatting
Cyber-squatting
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Domain Name
Domain Name
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What are the requirements for trademark registration?
What are the requirements for trademark registration?
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What makes a trademark non-registrable?
What makes a trademark non-registrable?
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Distinctive Trademark
Distinctive Trademark
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Proposed Use
Proposed Use
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What is the purpose of trademark registration?
What is the purpose of trademark registration?
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Directors' Duties
Directors' Duties
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Indemnification Agreement
Indemnification Agreement
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Shareholder Liability
Shareholder Liability
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Piercing the Corporate Veil
Piercing the Corporate Veil
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Yaiguaje v Chevron
Yaiguaje v Chevron
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Domination and Control
Domination and Control
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Facade
Facade
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Shareholders' Agreements
Shareholders' Agreements
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Minority Shareholder Protection
Minority Shareholder Protection
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Creditor Protection
Creditor Protection
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Dividend Restrictions
Dividend Restrictions
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Director's Duty to Creditors
Director's Duty to Creditors
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Winding Up
Winding Up
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Lapse
Lapse
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Court-Ordered Termination
Court-Ordered Termination
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Bankruptcy
Bankruptcy
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Bundle of Rights
Bundle of Rights
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Right to Exclude
Right to Exclude
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Trespass
Trespass
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Aboriginal Title
Aboriginal Title
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Tŝilhqot’in Nation v British Columbia
Tŝilhqot’in Nation v British Columbia
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Compelling and Substantial Purpose
Compelling and Substantial Purpose
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Drones and Airspace Rights
Drones and Airspace Rights
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Technology and the Law
Technology and the Law
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Limited Airspace Ownership
Limited Airspace Ownership
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Intrusion
Intrusion
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What is a bailment?
What is a bailment?
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What are the elements of a bailment?
What are the elements of a bailment?
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What is a bailee's duty?
What is a bailee's duty?
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How is a bailee's liability determined?
How is a bailee's liability determined?
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Can a bailee escape their responsibilities?
Can a bailee escape their responsibilities?
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Drone Restrictions
Drone Restrictions
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Right to Possess Property
Right to Possess Property
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Transferring Property Ownership
Transferring Property Ownership
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What is a lease?
What is a lease?
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Aboriginal Title Lands
Aboriginal Title Lands
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Crowdfunding
Crowdfunding
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Securities Legislation Aims
Securities Legislation Aims
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Cooperative Capital Markets Regulatory System
Cooperative Capital Markets Regulatory System
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Registration Requirement
Registration Requirement
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Disclosure Requirement
Disclosure Requirement
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Prospectus
Prospectus
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Insider Trading Restrictions
Insider Trading Restrictions
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Fiduciary Duty
Fiduciary Duty
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Conflict of Interest
Conflict of Interest
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Corporate Social Responsibility (CSR)
Corporate Social Responsibility (CSR)
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Duty of Competence
Duty of Competence
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Best Interests of the Corporation
Best Interests of the Corporation
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Shareholders, Employees, Creditors
Shareholders, Employees, Creditors
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Canadian Aero Service Ltd v O'Malley
Canadian Aero Service Ltd v O'Malley
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Maple Leaf Foods CSR Example
Maple Leaf Foods CSR Example
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Canada Business Corporation Act (CBCA) Amendment
Canada Business Corporation Act (CBCA) Amendment
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Director's Liability by Statute
Director's Liability by Statute
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Midwest Properties Ltd v Thordarson
Midwest Properties Ltd v Thordarson
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Avoiding Personal Liability
Avoiding Personal Liability
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Canadian Environmental Protection Act (CEPA)
Canadian Environmental Protection Act (CEPA)
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What is personal liability for directors?
What is personal liability for directors?
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What are examples of statutory breaches?
What are examples of statutory breaches?
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What is the standard of care for directors?
What is the standard of care for directors?
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What is the purpose of the EPA (Ontario)?
What is the purpose of the EPA (Ontario)?
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How does the Midwest Properties case demonstrate director liability?
How does the Midwest Properties case demonstrate director liability?
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What are some ways directors can reduce their personal liability?
What are some ways directors can reduce their personal liability?
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Shareholder Rights
Shareholder Rights
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Common Share
Common Share
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Preferred Share
Preferred Share
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Proxy
Proxy
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Pre-emptive Rights
Pre-emptive Rights
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Shareholder Right to Information
Shareholder Right to Information
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Shareholder Right to Vote
Shareholder Right to Vote
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What are the categories of shareholder rights?
What are the categories of shareholder rights?
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What are the three categories of shareholder rights?
What are the three categories of shareholder rights?
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Oppression Remedy
Oppression Remedy
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Wilful Misconduct
Wilful Misconduct
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Gradual Onset Disability
Gradual Onset Disability
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Pre-existing Condition
Pre-existing Condition
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Occupational Disease
Occupational Disease
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Mental Stress or Disorder
Mental Stress or Disorder
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Presumption of Causality
Presumption of Causality
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Schedule B
Schedule B
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Lost Earnings
Lost Earnings
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Health Care Costs
Health Care Costs
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Temporary Total Disability
Temporary Total Disability
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Permanent Total Disability
Permanent Total Disability
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Permanent Partial Disability
Permanent Partial Disability
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Vocational Rehabilitation
Vocational Rehabilitation
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Death and Survivor Benefits
Death and Survivor Benefits
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Net Average Earnings
Net Average Earnings
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Dependent Children
Dependent Children
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Employer Assessments
Employer Assessments
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WCB Registration
WCB Registration
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Base Insurance Rate
Base Insurance Rate
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Effective Claims Management
Effective Claims Management
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Return-to-Work Plan
Return-to-Work Plan
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Confidentiality of Medical Files
Confidentiality of Medical Files
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Appeals Process
Appeals Process
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WCB Appeals Commissions
WCB Appeals Commissions
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Document All Claims
Document All Claims
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Challenge Doubtful Claims
Challenge Doubtful Claims
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Minimum Statutory Requirements
Minimum Statutory Requirements
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Notice Period
Notice Period
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Temporary Layoff
Temporary Layoff
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Continuity of Employment
Continuity of Employment
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Common Law Reasonable Notice
Common Law Reasonable Notice
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Freedom of Information Act
Freedom of Information Act
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PIPEDA
PIPEDA
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What is the purpose of the Freedom of Information and Protection of Privacy Act?
What is the purpose of the Freedom of Information and Protection of Privacy Act?
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What does PIPEDA cover?
What does PIPEDA cover?
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How are privacy laws balanced in Canada?
How are privacy laws balanced in Canada?
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What is Alberta's PIPA?
What is Alberta's PIPA?
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How did the Supreme Court of Canada affect PIPA?
How did the Supreme Court of Canada affect PIPA?
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What are the key principles of the Freedom of Information and Protection of Privacy Act?
What are the key principles of the Freedom of Information and Protection of Privacy Act?
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What is the role of the Information and Privacy Commissioner?
What is the role of the Information and Privacy Commissioner?
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How are PIPEDA and PIPA similar?
How are PIPEDA and PIPA similar?
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Gradual Onset
Gradual Onset
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Mental Stress Claim
Mental Stress Claim
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Disability Claim Onus
Disability Claim Onus
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Presumption of Occupational Disease
Presumption of Occupational Disease
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What are some recent amendments to PIPEDA?
What are some recent amendments to PIPEDA?
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Accountability Principle
Accountability Principle
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Identify the Purpose
Identify the Purpose
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Consent
Consent
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Limited Collection
Limited Collection
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Limited Use, Disclosure, and Retention
Limited Use, Disclosure, and Retention
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Accurate Information
Accurate Information
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Provide Safeguards
Provide Safeguards
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Give Individuals Access
Give Individuals Access
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Mandatory Retirement Policies
Mandatory Retirement Policies
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Early Retirement Incentives
Early Retirement Incentives
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Age Discrimination in Termination
Age Discrimination in Termination
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Documentation for Older Employee Terminations
Documentation for Older Employee Terminations
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Neutral Early Retirement Presentation
Neutral Early Retirement Presentation
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What benefits are covered by workers' compensation?
What benefits are covered by workers' compensation?
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What does 'Temporary Partial Disability' mean?
What does 'Temporary Partial Disability' mean?
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What are 'Permanent Total Disability' benefits?
What are 'Permanent Total Disability' benefits?
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What is 'Vocational Rehabilitation'?
What is 'Vocational Rehabilitation'?
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Who might receive 'Death and Survivor Benefits'?
Who might receive 'Death and Survivor Benefits'?
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What is a 'compensable injury'?
What is a 'compensable injury'?
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What are 'net average earnings'?
What are 'net average earnings'?
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What is 'CPP earnings'?
What is 'CPP earnings'?
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What is a 'lump-sum payment'?
What is a 'lump-sum payment'?
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Privacy Complaint
Privacy Complaint
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Chief Privacy Officer (CPO)
Chief Privacy Officer (CPO)
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Privacy Compliance Steps
Privacy Compliance Steps
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Resignation
Resignation
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Resignation: Voluntary?
Resignation: Voluntary?
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Resignation: Inferred Conduct
Resignation: Inferred Conduct
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Resignation: Working During Notice Period
Resignation: Working During Notice Period
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Resignation: Statutory Notice
Resignation: Statutory Notice
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Resignation: Special Circumstances
Resignation: Special Circumstances
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Reasonable Notice of Resignation
Reasonable Notice of Resignation
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Study Notes
### Corporate Form: Organizational Matters
- A corporation is a separate legal entity, treated as a distinct person.
- Shareholders are not responsible for a corporation's liabilities.
- The corporation is the primary business vehicle in modern commerce.
Objectives
- Understanding a corporation as a legal person
- Distinguishing between federal and provincial incorporation
- Selecting a corporation's name
- Understanding how a corporation is created
- Identifying how a corporation is financed
- Recognizing how securities are regulated
- Learning about internal stakeholders (shareholders, directors, officers)
- Understanding external stakeholders (customers, employees, creditors, government)
- Examining pre-incorporation issues
- Investigating provincial and federal incorporation
- Studying shares and shareholders
- Determining the different types of shares
- Examining the availability of shares (widely held vs. closely held)
- Reviewing the rights related to the ownership of shares
- Investigating who can own shares
- Examining legal issues from case studies like Salomon v Salomon Ltd
- Understanding the liabilities of a corporation, directors, officers, shareholders, and creditors
- Learning how a corporation is terminated
- Understanding liabilities in tort and contract
- Learning about criminal and regulatory liability
- Identifying the process of incorporation
- Learning about the duties and liabilities of directors and officers
- Examining the ethical considerations related to corporate governance and diversity
- Reviewing the duty of competence
- Recognizing shareholder liability and the process of "lifting the corporate veil"
- Investigating case studies such as Yaiguaje v Chevron and piercing the corporate veil.
- Examining rights of shareholders in the corporation
- Understanding the legal rights associated with property
- Examining the bundle of rights that property owners have
- Understanding bailments of personal property, including the duties of bailees in various contexts (repairs, storage, transportation, lodging)
- Identifying the contract of bailment and its key elements (services, payment, remedial measures)
- Review specialized types of bailment
- Understanding the common law liabilities of bailees
- Investigating case studies to determine common law liabilities of bailees
- Understanding the acquisition and protection of intellectual property
- Recognizing the difference between common law and registered trademarks
- Examining the concept of cyber squatting
- Reviewing requirements for patent protection
- Evaluating the requirements for registration of trademarks
- Examining the role of copyright in business
- Recognizing exemptions to copyright infringement
- Evaluating case studies to understand the applications of copyright law
- Recognizing moral rights.
- Examining case studies related to moral rights.
- Identifying exemptions of copyright
- Understanding confidential business information and its protection
- Reviewing case studies related to confidentiality and breach of confidence
- Identifying limitations of intellectual property protection
- Reviewing methods for acquiring and managing risk when dealing with intellectual property
### Financial Considerations
- Debt financing (bonds, debentures)
- Equity financing (selling shares)
- Crowdfunding (three models: donation, lending, investment/equity)
- Securities (shares and bonds)
- Mortgages and the process of buying and selling real estate
- Foreclosure
- Deficiencies
### Case Studies
- Salomon v Salomon Ltd
- Yaiguaje v Chevron
- Wong v Pretium Resources Inc
- Finkelstein v Ontario (Securities Commission)
- Aquatera Utilities Inc v Aquaterra Water Management Inc.
- Case 16.2 (Midwest Properties Ltd v Thordarson)
- Mennillo v Intramodal Inc
- Letwin v Camp Mart
- Monsanto v Schmeiser
- Case 18.2 (Canada (Attorney General) v Amazon.com Inc)
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Description
Explore key aspects of the copyright infringement case involving Robinson and Cinar Corporation. This quiz covers the basis of the claim, character differences, court determinations on copyright, moral rights, and financial decisions. Test your knowledge on this intriguing legal battle.