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Niagara University *

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Law

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Apr 3, 2024

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docx

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Uploaded by EarlStar16021

Q1. Does the Canadian charter of rights and freedoms permit the supreme court of Canada to override the will of parliament or a provincial legislature? if so, in what way? A. The Canadian Charter of Rights and Freedoms, enshrined in Part I of the Constitution Act, 1982 (sections 1 to 34), outlines protected rights and freedoms (sections 2 to 34). It grants the Supreme Court of Canada authority to nullify laws violating Charter provisions. The Court reviews legislation and government actions, striking down unconstitutional ones to uphold Charter rights. This authority emanates from constitutional supremacy, asserting the Constitution, including the Charter, as Canada's highest law. All laws must conform, ensuring Canadians' rights and freedoms are safeguarded under the judicial oversight of the Supreme Court. Q2. Mary applied for a job at Millstone Restaurant. A. Under the Canadian Charter of Rights and Freedoms, not wearing a specific uniform at work isn't inherently a violation, unless justified by safety or health concerns in contracts or legislation. Mary's dismissal for not wearing the prescribed uniform could potentially violate her rights, depending on the situation and employment laws. However, discrimination in dress codes based on gender or other protected characteristics might invoke principles of freedom of expression (section 2(b)) and equality rights (section 15) under the Charter. Q3. What is Dumping? Is it illegal under the WTO? What may member countries do if products are dumped into their domestic market? A. Dumping means the act of selling goods below their normal value in another country's market. It isn't illegal under the WTO but can be unfair if it harms domestic industries. Anti-dumping measures, governed by Article VI of the GATT 1994, allow member countries to impose duties or tariffs on dumped products to protect domestic industries. National laws may specify additional anti-dumping regulations. Member countries can investigate dumping allegations and apply remedies to restore fair competition. These measures, while not banning dumping, aim to safeguard domestic industries from its adverse effects and ensure equitable trade practices. Q4. Responding to the Traveller about “Professional boxers should be charged with assault and Battery engaging in prize game.” A. As a lawyer and potential professional boxer, he should explain the legal distinction between professional boxing, which operates within regulated sporting frameworks and consenting participants, and criminal assault and battery. Professional boxing involves consenting participants competing under established rules and regulations, which do not equate to criminal acts. The lawyer may cite case law, regulations, and precedents to underscore the legal recognition and societal acceptance of professional boxing as a sport. He should address the misconception respectfully, underlining legal nuances and the importance of informed legal discourse.

Q5. What is the difference between duty of care and standard of care? how does the contributory negligence become a defense in negligence and intentional tort cases? A. Duty of care refers to the legal obligation to act reasonably to prevent foreseeable harm to others. Standard of care is the level of care expected from a reasonable person in similar circumstances. Contributory negligence asserts that the plaintiff's own actions contributed to their injury, reducing the defendant's liability. It serves as a defense in negligence cases by apportioning responsibility for damages between the plaintiff and defendant, mitigating liability based on the plaintiff's actions. Q6. Factory, Parking lot, Gravel and Loss due to Water damage to the Unit Holders. A. The scenario raises potential tort issues of negligence and nuisance. Negligence arises from the factory's failure to foresee and prevent harm caused by diverting rainwater onto the self-storage facility. The paved parking lot alteration led to foreseeable damage. Nuisance may also apply due to the factory's interference with the self-storage facility's enjoyment and use of its property. Under Canadian law, principles of negligence and nuisance would guide the resolution, focusing on the factory's duty of care and the reasonableness of its actions. Remedies may include compensation for damages and injunctions to prevent future harm. Q7. Who is the Professional under the eye of Canadian law? How is the standard of care determined for most professionals? Explain with an example. A. In Canada, professionals are individuals who possess specialized knowledge, skills, and training in a specific field such as lawyers, doctors, engineers, and accountants, among others. As per Canadian law, professionals are expected to maintain a standard of care that is comparable to that of a reasonably competent practitioner in the same field. For instance, if an independent accountant fails to adhere to generally accepted accounting principles (GAAP) or commits errors that a competent accountant would not make, they could be held accountable for professional negligence. Accuracy, compliance with accounting standards, and provision of reliable financial advice are part of the standard of care for an independent accountant. Q8. Lawyer negligently prepared a deed of land for a client who was selling his property, and in doing so described the wrong parcel of land in deed. The lawyer acting for the purchaser failed to notice the error and registered the deed. the purchaser of the land later discovered that her deed was for the wrong parcel of land. Discuss the responsibilities and liabilities of the lawyers involved in this transaction. A. In the described situation, both lawyers will face legal obligations and liabilities under Canadian law. The lawyer who inaccurately prepared the deed for the seller may be accountable for professional negligence. They must have accurately draft legal documents, ensuring that they reflect the transaction's details. Failure to describe the correct parcel of land breaches this duty, making them liable for any resulting damages to the seller. Similarly, the lawyer representing the purchaser must diligently review the deed before registration. Their oversight of the error could constitute negligence, leading to liability

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