F2024 BLAW-300-SA Quiz # 3

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.

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.

An offense that violates public interest.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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.

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

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

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.

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

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

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

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

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

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

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

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

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

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.

The unique address of a website.

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

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

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.

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.

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).

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

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.

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.

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

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

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.

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

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

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

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

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

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

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

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.

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.

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

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

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.

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

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.

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.

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

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.

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.

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.

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

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.

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.

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.

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

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

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.

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).

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.

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

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

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

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

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

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

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

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

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.

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

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

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

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.

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

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

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

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

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

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

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

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

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

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

Children who rely on the deceased worker for financial support.

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.

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

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

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

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

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

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).

Independent bodies that review WCB decisions and resolve disputes.

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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.

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

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

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

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.

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.

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

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

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

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

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

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

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

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

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.

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

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

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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.

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.

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

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

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

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