Contemporary Canadian Business Law Principles and Cases 10th Edition John A. Willes - Test Bank
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Contemporary Canadian Business Law Principles and Cases 10th Edition John A. Willes - Test Bank

Contemporary Canadian Business Law Principles and Cases 10th Edition John A. Willes - Test Bank   Instant Download - Complete Test Bank With Answers     Sample Questions Are Posted Below   10. In response to the growing number of traffic deaths resulting from alcohol-related accidents, manyprovinces amended existing laws to permit their police forces …

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Contemporary Canadian Business Law Principles and Cases 10th Edition John A. Willes – Test Bank

 

Instant Download – Complete Test Bank With Answers

 

 

Sample Questions Are Posted Below

 

10. In response to the growing number of traffic deaths resulting from alcohol-related accidents, many
provinces amended existing laws to permit their police forces to conduct arbitrary roadside checks to
try to discourage drunk driving. When this practice was challenged in the courts as an infringement of
s. 9 of the Charter,
A
.
counsel for the Crown would successfully argue that the practice could be continued indefinitely
because of s. 33 of the Constitution, which allows the provinces to exempt the legislation from the
application of the Charter.
B. counsel for the Crown would argue that the roadside checks are permissible on the basis of s. 1 of
the Charter.
C
.
the challenging party, a motorist who had been stopped and found to have excessive blood alcohol
levels, would successfully argue that the legislation violates his s. 6 mobility rights.
D. the Crown would argue s. 33 and s. 1.
E. All of the answers are correct.
Difficulty: Moderate
Willes – Chapter 01 #10
11.
(p. 5)
The government of Saskatchewan passed a statute that allocates water on the North Saskatchewan
River. The function of this legislation is to
A. settle disputes.
B. establish rules of conduct.
C. provide protection for individuals.
D. settle disputes and establish rules of conduct.
E. All of the answers are correct.
Difficulty: Challenging
Willes – Chapter 01 #11
12.
(p. 5)
Nova Scotia has rules of court that state a party who commences a lawsuit must provide the other
party’s to the lawsuit with a copy of the document setting out their claim. The function of the rules of
court is to
A. settle disputes.
B. establish rules of conduct.
C. provide protection for individuals.
D. settle disputes and establish rules of conduct.
E. All of the answers are correct.
Difficulty: Challenging
Willes – Chapter 01 #12
13.
(p. 12)
Which Canadian provinces utilize the Common Law system?
A. British Columbia, Alberta, Saskatchewan and Manitoba
B. Newfoundland, New Brunswick, Prince Edward Island, Nova Scotia and Quebec
C. Ontario, Quebec, Nova Scotia and Manitoba
D. New Brunswick, Quebec and Manitoba
E. All Canadian provinces
Difficulty: Easy
Willes – Chapter 01 #13
14.
(p. 9)
The Alberta Court of Appeal wrote a judicial decision defining a Vespa gas-powered scooter as a
motor vehicle pursuant to the Highway Traffic Act. According to the principle of stare decisis, which
of the following courts would have to apply this decision in determining whether Vespa scooters
required a licence plate?
A. Supreme Court of Canada
B. Ontario Court of Appeal
C. Ontario Supreme Court
D. Alberta Provincial Court
E. All Canadian provincial courts
Difficulty: Moderate
Willes – Chapter 01 #14
15.
(p. 14)
Under the Canadian Constitution the federal government has exclusive jurisdiction over which types
of laws:
A. Trade and commerce, criminal law and bankruptcy and insolvency law.
B. Trade and commerce, criminal law and incorporation of companies.
C. Trade and commerce, the solemnization of marriage and local works and undertakings.
D. Criminal law, incorporation of companies, solemnization of marriage.
E. Trade and commerce, incorporation of companies and bills of exchange.
Difficulty: Moderate
Willes – Chapter 01 #15
16. Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone
authorized by her may reproduce the contents of the book. Jill’s rights are an example of a legal
privilege.
TRUE
Difficulty: Easy
Willes – Chapter 01 #16
17. Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone
authorized by her may reproduce the contents of the book. The Copyright Act is an example of a
statute.
TRUE
Difficulty: Easy
Willes – Chapter 01 #17
18. Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone
authorized by her may reproduce the contents of the book. The Copyright Act can be found at R.S.C.
1985. “R.S.C.” stands for “Revised Statutes of Canada.”
FALSE
Difficulty: Easy
Willes – Chapter 01 #18
19. Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone
authorized by her may reproduce the contents of the book. Jill’s copyright in the textbook is protected
everywhere in Canada.
TRUE
Difficulty: Easy
Willes – Chapter 01 #19
20. Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There
is no legislation that deals with the issue between them. The judge will make her decision based on the
Common Law about this sort of issue.
TRUE
Difficulty: Easy
Willes – Chapter 01 #20
21. Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There
is no legislation that deals with the issue between them. If the judge did not use the Common Law in
this case, she would have to rely on the theory of precedent instead.
FALSE
Difficulty: Moderate
Willes – Chapter 01 #21
22. Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There
is no legislation that deals with the issue between them. The modern law concerning commercial
matters such as this has grown out of the ancient Law Merchant.
TRUE
Difficulty: Moderate
Willes – Chapter 01 #22
23. Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There
is no legislation that deals with the issue between them. Mary’s rights and obligations in relation to
contracts are part of the procedural law.
FALSE
Difficulty: Easy
Willes – Chapter 01 #23
24. The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada. The
new law will be proclaimed before it receives royal assent.
FALSE
Difficulty: Easy
Willes – Chapter 01 #24
25. The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada This
would be an example of substantive private law that has been codified from the Common Law.
FALSE
Difficulty: Challenging
Willes – Chapter 01 #25
26. The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada. If
the government has a majority of seats in the House of Commons, the bill may be passed with two
readings and then sent to the Senate.
FALSE
Difficulty: Moderate
Willes – Chapter 01 #26
27. The Minister of Justice for the Parliament of Canada has just made an announcement that the federal
government will introduce legislation to regulate the use and ownership of firearms in Canada. Peters,
who later violates this new law by being found in possession of a restricted weapon, will be charged
with a violation of the law by the Crown but will not be sued for damages.
TRUE
Difficulty: Easy
Willes – Chapter 01 #27
28. Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior
citizens in a major metropolitan Canadian city. The CRTC, which hears applications and grants
licences for new radio stations, may make laws governing its affairs that will affect Ned although it is
not a government.
TRUE
Difficulty: Challenging
Willes – Chapter 01 #28
29. Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior
citizens in a major metropolitan Canadian city. Most of the laws that affect Ned’s application are the
procedural laws of precedent.
FALSE
Difficulty: Easy
Willes – Chapter 01 #29
30. Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior
citizens in a major metropolitan Canadian city. The CRTC will apply the principles of equity in
deciding whether to grant Ned’s licence.
FALSE
Difficulty: Moderate
Willes – Chapter 01 #30
31. Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior
citizens in a major metropolitan Canadian city. The CRTC is an administrative tribunal.
TRUE
Difficulty: Easy
Willes – Chapter 01 #31
32. The government of Great Britain is seeking, under a treaty, to extradite Ann to face murder charges.
She is a Canadian citizen. Ann argues that she has the right under the Charter to remain in Canada.
The Supreme Court of Canada would uphold her extradition.
TRUE
Difficulty: Challenging
Willes – Chapter 01 #32
33. Tom, who is 14, wishes to vote in the next provincial election. Since he is a Canadian citizen, there is
no means by which he can be prevented from exercising his right under the Charter to vote.
FALSE
Difficulty: Moderate
Willes – Chapter 01 #33
34. New Brunswick is the only officially bilingual province in Canada.
TRUE
Difficulty: Easy
Willes – Chapter 01 #34
35. The Barrel-o’-Beer Pub has a dress code for waitresses which require their skirts to be 10 cm above
the knee. There is no dress code for waiters. Jacqueline is fired for refusing to shorten her knee-length
skirt. If Jacqueline had a case, it would be under the equality rights section of the Charter.
TRUE
Difficulty: Easy
Willes – Chapter 01 #35
36. The Barrel-o’-Beer Pub has a dress code for waitresses which require their skirts to be 10 cm above
the knee. There is no dress code for waiters. Jacqueline is fired for refusing to shorten her knee-length
skirt. Since the Charter doesn’t apply to private businesses like the Barrel-o’-Beer, Jacqueline has no
recourse against her former employer.
FALSE
Difficulty: Moderate
Willes – Chapter 01 #36
37. Suppose the government of Alberta passed legislation that conflicted with rights under s. 8 of the
Charter, and the Supreme Court of Canada struck down the legislation. The government of Alberta
can pass the legislation under s. 33(1) of the Charter and it cannot be challenged in the courts because
of the protection offered by s. 33(1).
TRUE
Difficulty: Challenging
Willes – Chapter 01 #37
38. The provincial government passed legislation that made a new kind of consumer scam a criminal
act. Audrey was charged under the legislation. She can successfully defend herself by saying that the
legislation is unconstitutional.
TRUE
Difficulty: Moderate
Willes – Chapter 01 #38
39. By placing its proposed same sex marriage legislation before the Supreme Court of Canada, the
federal government received the assurance that it had the power to define civil marriage as a lawful
union between two persons, and the reminder that freedom of religion could not compel religious
groups to change their practices.
TRUE
Difficulty: Moderate
Willes – Chapter 01 #39
40. Online electronic consolidation of statute changes have made printed statute books obsolete.
TRUE
Difficulty: Moderate
Willes – Chapter 01 #40
41. Helga was charged in 2003 with the theft of confidential information in Vancouver. The only case at
the time that was relevant was one in which the Ontario Court of Appeal said that the defendant, in a
situation identical to Helga’s, was guilty of theft.
a. Discuss how the theory of precedent applies here
b. If the defendant in the Ontario case appealed and, in the summer of 2004, before Helga’s case had
come to trial, the Supreme Court of Canada reversed the Ontario Court of Appeal’s decision, would
this change your answer to the previous question? Why or why not?
a. Where the facts are the same, a judge must apply previous decisions of similar cases, provided the
decisions are from his own court, a court of equal rank, or a higher court within the same province, or
from the Supreme Court of Canada.
Here, the only case is from a higher court but of a different province so, while it is highly persuasive,
it is not a precedent that must be followed.
b. Now that there is a Supreme Court of Canada case, it is precedent throughout Canada. Therefore it
must be followed in Helga’s case.
Difficulty: Moderate
Willes – Chapter 01 #41
42. You believe that trapping fur-bearing animals is inhumane and you want the province to prohibit
it altogether. Discuss why it would be best to use statute law to achieve your goal, and explain any
problems that could be created by your choice.
A statute is a much faster way of changing the law, and has as comprehensive a scope as the
legislators choose to give it. The legislature is sensitive to public opinion so, if you can persuade
many people to agree with you and to apply political pressure to the members of the legislature, it is
comparatively easy to effect change. The courts will, however, interpret statutes strictly so, to achieve
its ends, the statute must be very carefully drafted.
Difficulty: Moderate
Willes – Chapter 01 #42
43. Occasionally, when the Common Law is applied to the facts of a case that is before the courts, the
injured party faces a financial or personal hardship as a result. This often occurs where the strict
application of the law prevents the recovery of damages by the injured party because of some action
taken by him, which may have been unintentional of inadvertent. Discuss what the court may do in
such an instance at the request of the injured party and explain whether you believe the outcome to be
desirable.
At the request of the plaintiff’s lawyer, the court may resolve the dispute by applying the principles
of equity. These are frequently applied in those cases where the strict interpretation of the plaintiff’s
legal rights, as under the common law, would result in a hardship for the plaintiff or would create a
clearly unfair result. The principles of equity, having evolved from general principles of fairness or
natural justice, tend to allocate responsibility for damages according to the actions of the parties in the
circumstances rather than according to a set of rigid legal rules.
Difficulty: Challenging
Willes – Chapter 01 #43
44. Professor Dobson is 65 and, under the mandatory retirement policy of his university, must retire next
July 1st. He does not wish to do so.
a. Discuss whether he can bring a Charter action against the university.
b. Assuming he can bring a Charter action against the university, what would his argument be, and
how would the university answer it?
a. It is unclear as yet whether a university is a government body, and therefore subject under s. 32
to compliance with the Charter. If it is not, then the Charter is not a possible protection for him. If
his province has a Human Rights Code that forbids employment discrimination on the basis of age,
he could use that. If it allows discrimination against those over 65, he could try a Charter challenge
against the Code. If it is, then he may do so.
b. If he could bring a Charter action, he would show that the mandatory retirement policy interfered
with his right under s. 15(1) not to be discriminated against on the basis of age. It would then be up
to the Crown, acting for the Government, to show that the retirement policy was either justified under
s. 1 of the Charter or passed under a s. 33(1) declaration. If it could not prove this on the balance of
probabilities, Professor Dobson would have succeeded in showing his rights had been infringed by the
policy, and the Charter, being the supreme law of Canada, would cause the policy to have no force or
effect.
Difficulty: Challenging
Willes – Chapter 01 #44
45. Some people argue that Canadians were better off before they had a Charter of Rights and Freedoms
entrenched in a Constitution. What do you think?
Students should discuss the different effect on individual rights of the previous Canadian Bill of
Rights and the Charter. The former was a normal piece of government legislation that could be
ignored and overridden at the whim of government. In fact it often was, with the result that citizens
had little predictability of the extent of their rights or the certainty of their enforcement. The Charter,
however, entrenches the rights in a constitutional document which supersedes all other legislation. All
government actions must conform to the Charter to retain their validity as enforceable actions and the
Charter cannot easily be amended to dilute the rights as happened with the Bill of Rights.
Students may like to take the alternative approach and argue that the Charter has entrenched only
opportunistic attempts by individuals and groups of individuals to gain guaranteed rights and
freedoms, which would have been available in the Common Law under principles of equity in the
appropriate circumstances. Some may also argue that the Charter focuses more public attention on the
receipt of guaranteed rights than on the, arguably, equally important acceptance of responsibilities in a
society.
Difficulty: Challenging
Willes – Chapter 01 #45
46. Describe the evolution of the Civil Code of Quebec.
Quebec made its own Civil Code of Lower Canada in 1866, a right preserved to it by the Quebec Act
of 1774 more than a decade after the colony had been ceded by France to Britain. A complete review
of the Code was not undertaken for over a century when the new Civil Code of Quebec came into
force in 1994.
The Civil Code of Quebec is more than just an act of a legislature setting down rules. It was a short
evolution from its original philosophical roots shortly after the French Revolution. Its makers intended
it to be a complete legal pathway for life: birth, family, business relationships, death, inheritance,
and management of chief obligations and assets along the way. The modern code of 3,168 articles
preserves this philosophical journey, set into ten books: Persons; The Family; Successions; Property;
Obligations; Prior Claims and Hypothecs; Evidence; Prescription; Publication of Rights; and Private
International Law.
Quebec does have other laws beyond its Civil Code. It creates statute law for specific matters just as
the other provinces do. Even the Code itself is a statue of the Quebec legislature.
Difficulty: Challenging
Willes – Chapter 01 #46
Ch01 Summary
Category # of Questions
Difficulty: Challenging 13
Difficulty: Easy 16
Difficulty: Moderate 17
Willes – Chapter 01 46

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