F2024 BLAW-300-SA Quiz # 3
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Questions and Answers

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?

  • 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?

  • Lease (correct)
  • Permit
  • License
  • Mortgage

What legal obligation may municipalities impose on property ownership?

<p>Property taxes (A)</p> Signup and view all the answers

What is a legal arrangement where one party holds legal title of property for the benefit of someone else?

<p>Trust (B)</p> Signup and view all the answers

Which of the following is true regarding the rights of a lessee?

<p>They cannot sell the leased property. (A)</p> Signup and view all the answers

What action may a business take if someone tries to use its name and goodwill without permission?

<p>Sue for the tort of passing off (C)</p> Signup and view all the answers

What should directors regularly do to fulfill their responsibilities?

<p>Attend directors’ meetings (D)</p> Signup and view all the answers

Which of the following is NOT a responsibility of shareholders?

<p>To act in the best interests of the corporation (C)</p> Signup and view all the answers

What do directors need to do to avoid personal liability?

<p>Ensure decisions are informed and based on reliable advice (C)</p> Signup and view all the answers

What is one primary purpose of shareholders' agreements?

<p>To define the relationship among shareholders (A)</p> Signup and view all the answers

How should directors stay updated with the company's affairs?

<p>By attending meetings and reviewing minutes (D)</p> Signup and view all the answers

What can creditors do if shareholders strip a corporation of its assets?

<p>Seek legal action for asset recovery (A)</p> Signup and view all the answers

What must occur for a valid bailment relationship to exist?

<p>Possession is changed; ownership remains the same. (A)</p> Signup and view all the answers

Which factor is NOT considered when determining the degree of care expected from a bailee?

<p>The level of expertise of the bailor. (C)</p> Signup and view all the answers

In a bailment arrangement, which statement best describes the rights of a bailee?

<p>A bailee may have rights but is primarily limited to custody and care. (B)</p> Signup and view all the answers

What limitation may apply to a tenant regarding property rights?

<p>Right to transfer or dispose of the property (A)</p> Signup and view all the answers

What legal recourse does a property owner have against trespassers?

<p>Ability to file for the tort of trespass (B)</p> Signup and view all the answers

What must a property owner do to effectively utilize the right to exclude?

<p>Demonstrate continuous usage and occupation (B)</p> Signup and view all the answers

What is the legal term for a contract that transfers possession of land, for a fixed period, in exchange for a fee?

<p>Lease (B)</p> Signup and view all the answers

What legal arrangement involves one party holding legal title for the benefit of another?

<p>Trust (A)</p> Signup and view all the answers

Which of the following is typically an obligation imposed on property owners by municipalities?

<p>Payment of property tax (C)</p> Signup and view all the answers

What is one critical function of shareholders' agreements in a corporation?

<p>To define the relationship among shareholders and establish mechanisms for conflict resolution (B)</p> Signup and view all the answers

Which of the following statements regarding creditor protection is accurate?

<p>If a corporation becomes insolvent, creditors are entitled to assets before shareholders. (C)</p> Signup and view all the answers

What must shareholders' agreements ensure regarding minority shareholder protection?

<p>Minority shareholders should have mechanisms for protecting their interests during disputes. (B)</p> Signup and view all the answers

What standard must directors and officers meet according to the duty of competence?

<p>They should demonstrate care, diligence, and skill of a reasonably prudent person. (A)</p> Signup and view all the answers

In the context of fiduciary duty, which of the following scenarios represents a breach?

<p>An officer takes personal opportunities related to their corporate role. (A)</p> Signup and view all the answers

In terms of shareholder rights, what does the term 'proxy' refer to?

<p>Authorization for another to vote on behalf of a shareholder. (B)</p> Signup and view all the answers

Which right allows a shareholder to investigate management practices?

<p>The right to information. (C)</p> Signup and view all the answers

What voting right is granted to all shareholders?

<p>One general meeting each year. (C)</p> Signup and view all the answers

How can directors reduce their personal liability exposure?

<p>By exercising care, diligence, and skill in their duties (C)</p> Signup and view all the answers

What often distinguishes common shares from preferred shares?

<p>Common shares generally allow shareholders to vote in corporate matters. (C)</p> Signup and view all the answers

What constitutes an example of statutory breach that could lead to director liability?

<p>Participating in insider trading activities (C)</p> Signup and view all the answers

Which of the following scenarios would NOT typically expose a director to personal liability?

<p>Seeking legal advice for compliance issues (A)</p> Signup and view all the answers

According to the Bardal case, what factor is NOT considered when determining common law reasonable notice?

<p>Employee's salary (C)</p> Signup and view all the answers

Which of the following is NOT a condition for mental stress claims to be considered work-related?

<p>Events must be consistent and normal in the workplace. (A)</p> Signup and view all the answers

Which action would likely disqualify a worker from receiving benefits due to wilful misconduct?

<p>Being injured due to an action taken while intoxicated. (C)</p> Signup and view all the answers

What must occur for a pre-existing condition to be eligible for coverage under WCB?

<p>There is evidence of a work-related aggravation or contribution. (A)</p> Signup and view all the answers

Which of the following activities would be considered purely personal and thus not related to employment duties?

<p>Engaging in a personal phone call during work hours. (A)</p> Signup and view all the answers

Which statement about the confidentiality of medical files is true?

<p>Confidentiality of medical files must be ensured and kept separate from personnel files. (C)</p> Signup and view all the answers

Which of the following statements is true regarding requests to correct personal information held by the government?

<p>Individuals can request corrections but may be denied. (D)</p> Signup and view all the answers

If an injury is caused by horseplay that is a serious deviation from employment duties, it is likely to be covered under WCB.

<p>False (B)</p> Signup and view all the answers

For PTSD claims from first responders, the worker does not have to prove a causal relationship with work.

<p>True (A)</p> Signup and view all the answers

An intentional self-inflicted injury is considered a compensable injury under WCB regulations.

<p>False (B)</p> Signup and view all the answers

All workers with pre-existing conditions are automatically covered under WCB for any disability claims.

<p>False (B)</p> Signup and view all the answers

Activities that have no direct or indirect relationship to employment duties can still be compensated under WCB.

<p>False (B)</p> Signup and view all the answers

Mental stress claims must be confirmed by an appropriately qualified medical expert to be considered for compensation.

<p>True (A)</p> Signup and view all the answers

Fighting over purely personal issues is likely to be deemed as a work-related injury under WCB rules.

<p>False (B)</p> Signup and view all the answers

Organizations must provide individuals with access to their personal information upon request.

<p>True (A)</p> Signup and view all the answers

Assuming that an older employee will retire can potentially expose employers to liability for age discrimination.

<p>True (A)</p> Signup and view all the answers

Flashcards

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)

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

An offense that violates public interest.

Director's Role

Directors are chosen by shareholders to manage or oversee a company's business and affairs.

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Corporate Liability Areas

Corporations can face liability related to taxation, human rights, pay equity, employment standards, consumer protection, unfair business practices, occupational health, and environmental issues.

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Senior Officer Liability

Senior officers can be held liable for corporate actions involving unsafe conduct or negligence, impacting the corporation's liability.

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Workplace Death Example

A case study where scaffolding collapse resulted in fatalities, highlighting corporate liability for safety violations and criminal negligence.

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Trademark

A symbol, design, phrase, or sound legally registered to represent a company or product, giving exclusive rights to its use.

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Traditional Trademark

A trademark that includes traditional elements like words, logos, and symbols.

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Non-traditional Trademark

A trademark that uses unconventional elements like sounds, scents, shapes, or colors.

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Registered Trademark

A trademark that is officially recorded with a government agency, giving the owner legal protection.

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Unregistered Trademark (Common Law Trademark)

A trademark that is not officially registered but still enjoys legal protection under common law.

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Passing Off

A legal claim used when a competitor uses a similar trademark, potentially misleading consumers.

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Geographic Protection

Common law trademarks are only protected in the geographic areas where they are used and recognized.

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National Protection

Registered trademarks enjoy nationwide legal protection in the country of registration.

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Presumption of Ownership

Registration of a trademark creates a presumption that the owner has the sole right to use it.

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Trade Name

The name under which a business operates, distinct from a trademark, and protected by trademark law.

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Drone Operation Restrictions

Drones must not be operated above 400 feet, in controlled airspace, closer than 30 meters to people, or over bystanders. They are also subject to privacy laws and municipal bylaws.

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Right to Possess

The right to possess property is typically held by the owner, but can be separated through arrangements like leases, where someone else has temporary possession.

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License vs. Ownership

A license allows someone to use an inventor's invention, while ownership grants full control over the property.

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Right to Transfer Ownership

Property owners typically have the right to sell or transfer their property, but there are exceptions, like aboriginal lands or leased property.

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Trust and Property Ownership

A trust involves one party holding legal title of a property for the benefit of someone else, often limiting the property's use by the owner.

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Property Ownership Obligations

Property owners may have legal obligations, including paying property taxes, cooperating with land intrusions, and protecting environmentally sensitive areas.

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What are leases?

A lease is a legal contract that allows someone to possess property for a limited period of time, for a specific fee.

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What are property taxes?

Property taxes are imposed by local governments on real estate owners to fund municipal services like police, fire, and road maintenance.

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What is passing off?

Passing off is when someone uses someone else's company name or brand to deceive customers, which can lead to legal consequences.

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Copyright Infringement

Using someone else’s copyrighted work without permission, which includes copying all or a substantial part.

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Substantial Part

A significant portion of a copyrighted work is copied, taking into account the quality and overall effect of what is borrowed.

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Non-literal Copying

Infringement can happen even if the exact words or visuals aren't copied, but the overall concept, characters, or elements are borrowed.

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Moral Rights

An author's right to have their work attributed correctly, protected from harmful changes, and not associated with products they don’t endorse.

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Cumulative Effect

Copyright infringement can occur when the borrowed elements, even individually small, collectively create a substantial part of the original work.

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Cyber-squatting

The bad-faith practice of registering trademarks or trade names of others as domain names for the purpose of selling the domain name to the rightful owner or preventing them from obtaining it.

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Domain Name

The unique address of a website.

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What are the requirements for trademark registration?

An applicant must demonstrate title to the trademark, show it's distinctive (or could become so), and ensure it's registrable.

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What makes a trademark non-registrable?

A trademark is not registrable if it's mainly a common surname, descriptive of the product, deceptively misdescriptive, the name of a product, confusingly similar to another registered mark, or an official/prohibited mark.

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Distinctive Trademark

A trademark that is unique and easily identifiable to distinguish it from other similar products or services. Examples include invented words like 'Lego' or unique symbols like the Apple logo.

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Proposed Use

A trademark can be registered based on the intention to use it in the future. Actual use isn't required immediately but must commence within three years to keep the registration.

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What is the purpose of trademark registration?

Trademark registration provides the owner with legal protection against others using an identical or similar mark. This helps to prevent confusion in the market and protect the brand's reputation.

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Directors' Duties

Directors have a legal responsibility to act in the best interests of the company. They need to make informed decisions, learn about matters affecting the company, and ensure they receive reliable professional advice.

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Indemnification Agreement

A contract between a company and its directors that protects directors from personal liability for certain actions taken in their official capacity.

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Shareholder Liability

Shareholders generally have limited liability for the corporation's debts and obligations. They can freely compete with the company and don't have to actively participate in its management.

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Piercing the Corporate Veil

A legal doctrine that allows courts to disregard the separate legal entity of a corporation and hold its shareholders personally liable for its debts and obligations.

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Yaiguaje v Chevron

A landmark case where Chevron was held liable for environmental damage caused by Texaco, demonstrating that shareholders can be held responsible for the actions of a corporation they acquire.

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Domination and Control

A key element in piercing the corporate veil. Courts look for evidence that a shareholder has complete control over the corporation and uses it as a shield for fraudulent activities.

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Facade

Courts may pierce the corporate veil if they find that the corporation is merely a facade concealing the true facts and is being used to avoid liability.

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Shareholders' Agreements

Contracts between shareholders outlining their roles, responsibilities, and dispute resolution mechanisms within a company.

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Minority Shareholder Protection

Shareholders' agreements often include provisions safeguarding the interests of minority shareholders, ensuring they have a voice and are not unfairly treated.

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Creditor Protection

Corporations are responsible for their debts, and creditors prioritize getting paid over shareholders if the company goes insolvent.

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Dividend Restrictions

Companies cannot pay dividends if it would affect their ability to pay debts or make them insolvent.

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Director's Duty to Creditors

Directors have a legal obligation to act in the best interests of both shareholders and creditors.

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Winding Up

The process of formally dissolving a corporation, often involving selling assets and paying off debts.

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Lapse

A corporation ceases to exist for failing to meet regulatory requirements like filing annual reports.

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Court-Ordered Termination

Courts can terminate a corporation when it's deemed necessary for fairness and resolving disputes between shareholders.

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Bankruptcy

A corporation's inability to pay its debts, leading to liquidation or reorganization under court supervision.

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Bundle of Rights

A set of legal rights associated with property ownership, including the right to exclude others, the right to use and possess, and the right to transfer or dispose of the property.

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Right to Exclude

The right of a property owner to prevent others from entering or using their property.

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Trespass

A legal term for when someone enters another person's property without permission.

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Aboriginal Title

A legal right held by Indigenous peoples to land and resources based on their traditional use and occupancy.

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Tŝilhqot’in Nation v British Columbia

A Supreme Court of Canada case that recognized Aboriginal title for the Tŝilhqot’in Nation in British Columbia.

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Compelling and Substantial Purpose

A justification that a government must demonstrate to infringe on Aboriginal title rights.

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Drones and Airspace Rights

The legal question of whether a property owner can restrict drone operation over their property.

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Technology and the Law

The evolving legal field of how technology impacts existing legal principles.

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Limited Airspace Ownership

Property owners have rights over the airspace above their land, but these rights are limited to the height required for ordinary use and enjoyment.

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Intrusion

A brief or temporary encroachment into another person's property, potentially covered by trespass law.

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What is a bailment?

A bailment is a temporary transfer of possession of personal property from one person (the bailor) to another (the bailee).

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What are the elements of a bailment?

A bailment requires: 1) Voluntary delivery of personal property to the bailee. 2) Intention for the bailee to have custody and control. 3) Intention for the property to be returned.

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What is a bailee's duty?

A bailee has a common law duty to exercise reasonable care toward the bailed property and must prove that any loss or damage was not caused by their failure to fulfill this duty.

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How is a bailee's liability determined?

A bailee's liability for bailed property is governed by common law, contract terms, and potential statutory rules for specific types of bailees (e.g., warehouses, innkeepers).

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Can a bailee escape their responsibilities?

Bailees cannot escape their duties by delegating the care of the property to employees. They are liable for the intentional wrongdoing of their employees.

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Drone Restrictions

Drones cannot operate above 400 feet, in controlled airspace, within 30 meters of people, or over bystanders. They are also subject to privacy laws and municipal bylaws.

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Right to Possess Property

The right to possess property is typically held by the owner, but it can be separated, like in leases where someone rents property for a set period.

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Transferring Property Ownership

Owners can usually sell or transfer their property, but there are exceptions like Aboriginal lands or leased property.

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What is a lease?

A lease is a contract that allows someone to possess property for a certain time, for a fee.

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Aboriginal Title Lands

Aboriginal title lands are lands that have been traditionally owned and occupied by Indigenous peoples. These lands are typically not subject to sale or transfer.

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Crowdfunding

A method for businesses to raise capital from a large number of individuals, typically through online platforms.

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Securities Legislation Aims

These laws aim to regulate the buying and selling of securities, protect investors, and maintain a transparent and trustworthy financial market.

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Cooperative Capital Markets Regulatory System

A system designed to harmonize securities regulations across Canada, aiming to create a consistent and predictable market environment.

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Registration Requirement

Companies selling securities to the public must be registered with the relevant provincial securities commission.

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Disclosure Requirement

Companies must provide specific information about themselves and their offerings to the public, typically through a prospectus.

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Prospectus

A detailed document containing information about a company's financial status, operations, and planned use of funds from a public securities offering.

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Insider Trading Restrictions

Laws preventing individuals with non-public information from trading securities, aimed at ensuring a fair and level playing field for all investors.

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Fiduciary Duty

A legal obligation of directors and officers to act in the best interests of the corporation, prioritizing its well-being over their own personal gains.

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Conflict of Interest

When a director or officer's personal interests clash with their duties to the corporation, potentially leading to decisions that benefit them at the company's expense.

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Corporate Social Responsibility (CSR)

A concept where corporations voluntarily engage in practices that benefit society and the environment, going beyond profit maximization.

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Duty of Competence

Directors and officers must possess the skills, diligence, and care that a reasonable person would exercise in similar circumstances.

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Best Interests of the Corporation

The guiding principle for directors and officers, requiring them to act in a way that benefits the company as a whole, not just specific groups.

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Shareholders, Employees, Creditors

Stakeholders that directors may consider when making decisions, recognizing their diverse interests.

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Canadian Aero Service Ltd v O'Malley

A landmark case where executives were held liable for profiting from a contract they secured after leaving their former employer, demonstrating the importance of fiduciary duty.

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Maple Leaf Foods CSR Example

A real-world example of CSR where Maple Leaf Foods created a foundation to reduce food insecurity in Canada, demonstrating a commitment to social responsibility.

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Canada Business Corporation Act (CBCA) Amendment

The CBCA was amended to codify the permissive standard for fiduciary duty, allowing directors to consider the interests of various stakeholders, including the environment.

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Director's Liability by Statute

Statutes impose obligations on directors, and failure to meet these obligations can result in personal liability. Examples include failure to pay wages, remit taxes, or comply with environmental regulations.

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Midwest Properties Ltd v Thordarson

This case involved a company suing a director personally for environmental contamination caused by his company's activities, showcasing the personal liability directors can face under environmental laws.

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Avoiding Personal Liability

Directors can minimize their risk of personal liability by exercising care, diligence, and skill in their duties. This includes staying informed, being active, and attentive.

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Canadian Environmental Protection Act (CEPA)

This federal law states that directors who participate in environmental offenses can be held personally liable alongside the company.

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What is personal liability for directors?

Directors can be held personally responsible for their actions, including breaches of statutory obligations, environmental damage, or negligence, even if they were acting on behalf of the company.

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What are examples of statutory breaches?

Examples of statutory breaches that can lead to director liability include failing to pay wages, remit taxes, engaging in insider trading, and improperly transporting hazardous materials.

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What is the standard of care for directors?

Directors must act with care, diligence, and skill in fulfilling their duties. They need to be active, informed, and attentive to the company's affairs.

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What is the purpose of the EPA (Ontario)?

This legislation aims to protect the environment by establishing standards and holding parties responsible for pollution and environmental damage.

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How does the Midwest Properties case demonstrate director liability?

The case illustrates that a director can be held personally liable for environmental damage caused by their company under pollution control laws.

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What are some ways directors can reduce their personal liability?

Directors can reduce their risk by staying informed, being active in decision-making, and seeking professional advice to ensure they are fulfilling their duties with care and diligence.

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Shareholder Rights

These are the legal powers shareholders have in a corporation. They include the right to vote, receive information about the company, and share in profits (dividends).

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Common Share

A type of stock that gives the owner voting rights, a share of company profits (dividends), and a portion of the assets if the company dissolves.

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Preferred Share

A type of stock with priority over common shares when it comes to receiving dividends and assets on dissolution.

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Proxy

A person authorized to vote on behalf of a shareholder who cannot attend a meeting.

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Pre-emptive Rights

The right of a shareholder to maintain their proportionate share of ownership when new stock is issued.

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Shareholder Right to Information

This includes the right to inspect financial statements, company records, and even request a court-appointed inspector if there is serious concern about mismanagement.

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Shareholder Right to Vote

This includes attending annual meetings, asking questions, proposing motions, and having a proxy vote on their behalf.

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What are the categories of shareholder rights?

Shareholders have rights to vote, receive information about the company, and financial rights like receiving dividends.

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What are the three categories of shareholder rights?

The three categories of shareholder rights are the right to vote, the right to information, and financial rights.

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Oppression Remedy

A legal tool available to creditors to protect themselves from prejudicial conduct by directors.

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Wilful Misconduct

Actions by a worker that are deliberate, reckless, and significantly deviate from safe work practices, potentially leading to an injury that may not be covered by WCB.

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Gradual Onset Disability

A disability arising slowly over time, often due to repeated exposure to harmful working conditions or a gradual deterioration of health.

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Pre-existing Condition

A medical condition that existed before a work injury or occupational disease, which may complicate a claim and affect benefits.

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Occupational Disease

A disease caused or aggravated by exposure to hazards or conditions specific to a particular occupation.

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Mental Stress or Disorder

A mental health condition that arises from the emotional and psychological pressures of work, often requiring objective evidence and a diagnosis by a qualified expert.

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Presumption of Causality

A legal principle where the burden of proof shifts to the employer to disprove a connection between certain diseases and specific industries.

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Schedule B

A list of industrial diseases linked to specific industries, which, if contracted by a worker, creates a presumption that the disease arose from employment.

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Lost Earnings

Compensation for wages lost due to a work-related injury, paid by the employer for the day of the injury.

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Health Care Costs

Benefits that cover the cost of medical treatment and rehabilitation related to a work injury.

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Temporary Total Disability

Payments made to a worker who is temporarily unable to work due to an injury, usually at the same rate as their regular wages.

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Permanent Total Disability

Benefits paid for life to a worker who is permanently unable to work due to a work injury.

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Permanent Partial Disability

Benefits paid for life to a worker who has a permanent partial impairment or disfigurement due to a work injury.

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Vocational Rehabilitation

Support and training provided to help injured workers return to the workforce, including new skills and knowledge.

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Death and Survivor Benefits

Financial support provided to the spouse and dependents of a worker who died from a work-related injury.

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Net Average Earnings

The deceased worker's average income after taxes and deductions.

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Dependent Children

Children who rely on the deceased worker for financial support.

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Employer Assessments

Employers pay the full cost of the workers' compensation system through premiums. It is illegal for them to recover any part of these premiums from workers.

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WCB Registration

Employers must register with the Workers' Compensation Board (WCB) and provide information to determine their base insurance rate.

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Base Insurance Rate

The base insurance rate is assigned to employers based on their industry type and potential hazards, impacting their premium costs.

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Effective Claims Management

Employers must establish procedures for investigating injuries, complete accident reports, document all claims, promptly compensate justifiable claims, and challenge doubtful claims.

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Return-to-Work Plan

Employers should create a return-to-work plan to help injured employees return to their jobs safely and effectively.

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Confidentiality of Medical Files

Employers must keep medical files separate from personnel files and ensure their confidentiality.

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Appeals Process

Workers, dependents, or employers who disagree with a WCB decision can request a review within a set time frame (e.g., 90 days in BC).

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WCB Appeals Commissions

Independent bodies that review WCB decisions and resolve disputes.

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Document All Claims

All claims, regardless of severity, should be documented thoroughly for future reference and potential legal proceedings.

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Challenge Doubtful Claims

Only truly doubtful claims should be challenged, but this should be done from the outset.

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Minimum Statutory Requirements

The minimum legal standards employers must follow when terminating employment, including providing notice or pay in lieu of notice.

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Notice Period

The amount of time an employer must give an employee before terminating their employment, allowing the employee time to find a new job.

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Temporary Layoff

A period where an employee temporarily stops working with the intent of returning to work later.

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Continuity of Employment

When employment continues despite changes in ownership or the business structure; the employee's service time counts toward notice or pay in lieu.

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Common Law Reasonable Notice

A longer notice period than the statutory minimums, determined based on factors like the employee's position and length of service.

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Freedom of Information Act

This law allows individuals to access government records, but balances this right with the need to protect personal privacy.

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PIPEDA

This federal law protects the privacy of personal information held by organizations in the private sector.

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What is the purpose of the Freedom of Information and Protection of Privacy Act?

This law gives individuals the right to access government records while protecting personal privacy by allowing certain records to be withheld.

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What does PIPEDA cover?

PIPEDA covers personal information collected, used, disclosed, and retained by organizations in the private sector, including employee and customer data.

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How are privacy laws balanced in Canada?

Canada has laws like the Freedom of Information Act and PIPEDA that balance the right to access information with the need to protect individual privacy.

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What is Alberta's PIPA?

The Personal Information Protection Act (PIPA) is Alberta's law that protects privacy in provincially regulated industries, similar to PIPEDA.

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How did the Supreme Court of Canada affect PIPA?

In 2013, the Supreme Court ruled that Alberta's PIPA was not compliant with federal privacy laws, leading to amendments and a comprehensive review.

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What are the key principles of the Freedom of Information and Protection of Privacy Act?

This law is based on the idea of balancing the right to access government information with the need to protect individual privacy.

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What is the role of the Information and Privacy Commissioner?

This commissioner oversees the Freedom of Information and Protection of Privacy Act, ensuring the law is followed and individuals' rights are protected.

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How are PIPEDA and PIPA similar?

Both PIPEDA and PIPA are laws that protect the privacy of personal information, with PIPEDA covering the federal level and PIPA addressing the provincial level.

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Gradual Onset

A disability that develops slowly over time, rather than from a single event. Proving work is the cause can be challenging.

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Mental Stress Claim

A claim for mental health issues stemming from work. Strong evidence of unusual or excessive work events is necessary.

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Disability Claim Onus

The burden of proof typically lies with the worker to link their disability to their job.

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Presumption of Occupational Disease

If a worker contracts a specific disease listed under certain regulations, there's a strong assumption it's work-related, making the claim easier to prove.

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What are some recent amendments to PIPEDA?

Recent amendments to PIPEDA include: requirement to report data breaches with significant harm, broadened definition of "personal information," coverage for job applicants, exemption for business contact info, and broader permission for disclosure in cases of illegality, fraud, and financial abuse.

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Accountability Principle

The organization collecting personal information is responsible for complying with all other privacy principles and ensuring that the information is handled appropriately.

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Identify the Purpose

The organization must clearly identify the purpose for collecting personal information and must not use it for any other reason.

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Consent

The individual must provide their consent before their personal information is collected, unless there are specific exceptions.

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Limited Collection

The organization must only collect information that is directly relevant to the identified purpose.

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Limited Use, Disclosure, and Retention

Personal information can only be used and disclosed for the identified purpose and must be securely stored and deleted when no longer needed.

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Accurate Information

The organization should ensure that the collected information is accurate and individuals should be given the opportunity to correct any errors.

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Provide Safeguards

The organization must protect personal information from unauthorized access, disclosure, copying, use, or disposal.

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Give Individuals Access

Individuals have the right to access their personal information held by the organization and to request correction of errors.

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Mandatory Retirement Policies

Policies that require employees to retire at a specific age. These policies are often illegal in Ontario, as they may constitute age discrimination unless the employer proves it's a necessary job requirement.

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Early Retirement Incentives

Offers employers may give to older employees to encourage them to retire voluntarily. These incentives can be legal if presented fairly and without coercion.

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Age Discrimination in Termination

When an employer terminates an older employee due to their age, without a valid job-related reason. This can lead to legal action.

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Documentation for Older Employee Terminations

Employers should carefully record reasons for terminating older employees to avoid age discrimination claims. Assumptions about an older employee retiring can be problematic.

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Neutral Early Retirement Presentation

Offering early retirement incentives should be done neutrally, without pressure from a direct supervisor. Someone else should present the offer.

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What benefits are covered by workers' compensation?

Workers' compensation benefits can cover lost earnings, healthcare costs, temporary and permanent disabilities, vocational rehabilitation, and death and survivor benefits. These benefits help workers who experience work-related injuries or illnesses.

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What does 'Temporary Partial Disability' mean?

Temporary Partial Disability refers to a period when an injured worker can perform some work tasks but not all, resulting in a reduced income. Workers' compensation provides payments for this lost income.

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What are 'Permanent Total Disability' benefits?

Permanent Total Disability benefits are provided to workers who are unable to work again due to a work-related injury or illness. These payments continue for the rest of the worker's life.

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What is 'Vocational Rehabilitation'?

Vocational Rehabilitation is the process of retraining workers who have suffered injuries or illnesses so they can return to the workforce in a different job. Workers' compensation funds this retraining.

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Who might receive 'Death and Survivor Benefits'?

Death and Survivor Benefits are paid to the surviving spouse of a worker who died from a work-related injury. The amount depends on the deceased's earnings, number of dependents, and other factors.

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What is a 'compensable injury'?

A compensable injury is an injury or illness that is caused by the worker's job or work environment. To be eligible for workers' compensation, the injury must be work-related.

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What are 'net average earnings'?

Net average earnings refer to the worker's regular income after deductions for taxes and other expenses. Workers' compensation payments are often based on this income.

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What is 'CPP earnings'?

CPP earnings refer to the amount of income that a worker has contributed to the Canada Pension Plan. This is relevant for determining death and survivor benefits.

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What is a 'lump-sum payment'?

A lump-sum payment is a single, one-time payment. In the context of workers' compensation, it might be paid to a surviving spouse or for a specific type of benefit.

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Privacy Complaint

Individuals can file a complaint with the commissioner if they believe their privacy has been violated (e.g., computer monitoring) or their personal information has been collected, used, or disclosed without proper authority or consent.

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Chief Privacy Officer (CPO)

A designated individual within an organization responsible for overseeing privacy compliance and ensuring personal information is handled ethically and securely.

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Privacy Compliance Steps

Steps to ensure an organization protects personal information: Appoint a CPO, assess information handling practices, develop policies, train staff, and monitor performance.

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Resignation

When an employee voluntarily leaves their job, they must provide reasonable notice to their employer and formally accept the resignation.

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Resignation: Voluntary?

An employee might not be considered to have resigned voluntarily if they were pressured to resign or given a choice between resigning or being dismissed.

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Resignation: Inferred Conduct

A resignation can be inferred from an employee’s intentional, unequivocal, and non-impulsive conduct, even if they didn't formally submit a resignation letter.

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Resignation: Working During Notice Period

An employer can prevent an employee from working during their notice period by paying them but advising them not to attend work.

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Resignation: Statutory Notice

Under certain circumstances, such as a collective agreement or specific employment legislation, providing notice of resignation may be a statutory requirement.

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Resignation: Special Circumstances

Specific situations can trigger a statutory requirement for providing notice of resignation, such as an employment contract specifying a particular notice period.

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Reasonable Notice of Resignation

There is a common law requirement (not a statutory requirement) for employees to provide reasonable notice of resignation to their employer.

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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.

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