The Law And Business Administration In Canada 15th Edition J.E. Smyth, Dan Soberman, Alex Easson, Shelley McGill - Solutions

17. What are the advantages that make ADR an attractive means of settling disputes?
16. Explain the basis of a “contingency fee.” How are contingency fees used in Canada?
15. “I was never ruined but twice; once when I won a lawsuit and once when I lost one.” How can a successful litigant lose?
14. One of the major purposes of private law is to settle disputes between businesses. How can the settlement of a particular private dispute make a contribution to the business community as a whole?
13. Explain why a legal rule in one province may differ from that in another province.
12. How does a judge decide a case when there is no precedent available in earlier decisions?
11. What is a “class action,” and when do parties use them?
10. Define appellant, respondent, counterclaim, counsel, settlement, pleadings, party and party costs, res judicata.
9. What are the advantages of a settlement over a court trial?
8. Describe the basic difference between the systems of courts in the United States and in Canada.
7. Do you think motion pictures and television programs are responsible for a misconception about the way in which trials proceed?
6. How does the operation of an appeal court differ from that of a trial court?
5. Why is subordinate legislation important?
4. What is the purpose of codifying law in a statute?
3. Describe the relationship between the courts of common law and equity.
2. Explain the theory of precedent and its values.
1. Distinguish the civil law system from the common law system.
16. “We have a parliament to pass laws, a government to administer laws, and a police department to enforce laws. Ironically, these potent instruments for the restriction of liberty are necessary for the enjoyment of liberty.” (A. A. Borovoy, The Fundamentals of Our Fundamental Freedoms
15. Which activities are governed by the Charter, and which are not?Describe the distinction.
14. If a citizen proves that a provision in a statute is contrary to the Canadian Charter of Rights and Freedoms, how will the government respond? Explain.
13. Describe the special significance of sections 91 and 92 of the Constitution Act. What happens if the topic is not listed in either section 91 or 92?
12. What is the special meaning of “public law” as distinct from“private law”?
11. What strategies does business use to manage legal risk?
10. How does the Constitution give the courts power over the legislature?
9. What are residual powers? Concurrent powers?
8. What is the special role of the courts in a federal country?
7. Why have business organizations adopted codes of conduct?
6. What are the features of a legal risk management plan?
5. Are law and ethics the same thing?
4. Distinguish between criminal liability and civil liability.
3. What is legal liability?
2. How is the legal infrastructure of a country significant for business?
1. Describe the three main roles of law in our society.
11. What protection is available for employee personal information?
10. How does the requirement of “consent” for collection, use, and disclosure of personal information differ in the public and private sectors?
9. What steps should be followed by a business considering outsourcing data processing to an American company?
8. How does inadequate security expose business to civil and possibly criminal liability?
7. Does a common law tort of invasion of privacy exist in Canada?
6. What test does a court apply to determine if a privacy-invasive activity is reasonable?
5. What federal legislation protects personal information held in the private sector, and what does this statute require businesses to do?
4. What federal legislation protects privacy in the public sector, and how is compliance monitored?
3. What is the standard of protection that the Charter gives to privacy?
2. What is the constitutional basis for declaring the right to privacy a human right?
1. What are the three key components of modern privacy?
2. Does keeping medical information secret further stigmatize the illness, or does it prevent discrimination?
1. Who is served by keeping medical information private?
4. Was Snowden’s collection and selective release of documents right?
3. Why are transparency and accountability important in government?
2. Should the standards be different for surveillance of non-citizens or those located outside the country?
1. Under what circumstances should a government be permitted to use covert surveillance to collect and generate personal information about its citizens without prior legal grounds?
3. How can personal information be protected when stored on a transnational cloud server?
2. Are there certain types of information that should remain within Canadian borders?
1. If Canadian data is at greater risk of disclosure when transferred to the United States, why not ban all public and private outsourcing to the United States?
3. How can the results in the Canadian Google case be reconciled with the result in the Facebook case in Case 31.12.
2. In the era of online businesses and global marketing, is it realistic to limit a court order to geographic borders?
1. How do the principles of free speech and net neutrality impact these decisions?
4. Should an employer have a say in what employees post after hours on personal sites?
3. When making employment decisions, should employers (or potential employers) make use of information available on potential employees’ personal or social networking sites?
2. Should employers be entitled to monitor employee internet use?
1. Should employees access social networking sites while at work?
2. Should government grants include conditions about future use or sale of the developments made using grant money?
1. Could it be argued that there was a net benefit to Canada, and should the possible use of the technology to weaponize space have been a factor in Industry Canada’s decision?
3. What policy rationale justifies the different treatment of student loans?
2. Are students (or ex-students) as a class entitled to the protection of the Charter?
1. Do students deserve to be lumped together with criminals and“deadbeat” parents, as the Toronto Star put it? (April 3, 2004, at C2)
3. How do these limitations respect domestic sovereignty?
2. What circumstances might be considered contrary to public policy?
1. Why is international cooperation important?
2. Should the owners of a business be allowed to be its secured creditors?
1. Are secured creditors given too much protection?
3. What is the incentive for a developing nation to adopt the convention?
2. How do you think this convention will affect lending decisions and terms?
1. An international interest would override the domestic rules of priority for PPSA and bankruptcy. What is the rationale for this position?
3. How should executive compensation be structured to encourage socially responsible behaviour?
2. Is there really a conflict between the long-term interests of a corporation and a requirement of social responsibility?
1. Are these recommendations realistic? Can ethics be legislated?
3. How could this reform improve Canada’s position when dealing with international financial issues?
2. Which federal and provincial constitutional powers are relevant to this reform?
1. Should a single securities regulator be a legal issue, a financial issue, or a national security issue?
3. How can a nominating committee or a code of ethics help with this issue?
2. Is it appropriate to let the board of directors determine its own members’ independence?
1. Should a director be free of any potential conflict of interest to be considered independent?
3. Do professionals comply with professional standards only to avoid personal liability?
2. Is there any reason why professionals, such as accountants, doctors, and lawyers, should not be allowed to incorporate in the normal way?
1. Are the recent changes discarding the traditions of a century, or are they simply keeping up with the times?
2. In what circumstances, if any, would you recommend that an existing partnership “go limited”?
1. Which of the above arguments do you find convincing?
2. What are the pros and cons of public limited partnerships?
1. How did the layering of limited partnerships on top of a corporation nullify the effect of the general partner’s liability?
2. This is another example of a conflict between two worthy goals.What are the arguments that justify the priority of solicitor–client privilege?
1. Do you think law societies are in a better position to deal with money laundering than FINTRAC?
3. Is it possible that the U.S. income tax rule that allows homeowners to deduct mortgage interest from taxable income contributed to the foreclosure crisis? Why?
2. In this market, which remedy best protects a mortgagee?
1. What measures do you think best protect both mortgagors and mortgagees?
2. Why is Ontario’s current stabilization system hailed by some as a fair compromise?
1. What are the arguments for and against rent control?
2. Should there be any restrictions on the production of generic drugs for fighting potentially fatal illnesses and diseases?
1. Should Canadians also be entitled to benefit from cheaper drugs?
2. Are the poor protected? Consider the role of publicly subsidized housing.
1. Do you think these protections and exceptions are enough to prevent discrimination against students?

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The Law And Business Administration In Canada 15th Edition J.E. Smyth, Dan Soberman, Alex Easson, Shelley McGill - Solutions

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