BUSINESS (Courts,Torts, Negligence)

Question 1

Statute law:

Answer 1

-legislation
-acts
-codes
-bylaws
*passed in parliament, legislature, municipal levels of government

Question 2

Common law:

Answer 2

-“judge made law”
-precedent setting law
>created by judges

Question 3

Severance:

Answer 3

-good example of where both statute and common exist
-individual: different amount of weeks depending on how long you have been there
-common law: centered on compensation or damages
>how long will it take to get re-hired in a similar position (depends on age, job)

Question 4

Termination with and without just cause:

Answer 4

-an employer can fire an employee for just cause and not owe any termination pay at common law

Question 5

Criminal law:

Answer 5

-accounts for less than 0.5% of all law
-the relationship between the State and the individual

Question 6

2 types of criminal offences:

Answer 6

-summary convictions
-indictable convictions

Question 7

Civil law:

Answer 7

-relationship between two individuals

Question 8

Summary conviction (indictable offense):

Answer 8

-equivalent to “misdemeanor” or “felony” charges
-summary: quick and simple manner
-less serious than indictable offences
-legal procedures and punishments tend to be less onerous

Question 9

Max fine for summary conviction:

Answer 9

-$2000 and/or 6 months in jail

Question 10

Summary convictions examples:

Answer 10

-engaging in a prize fight
-disorderly conduct
-disturbing religious worship or certain meetings

Question 11

Indictable offenses:

Answer 11

-murder
-manslaughter
-sexual assault
-break and entry

Question 12

Court system:

Answer 12

-administrative tribunals
-justice of the peace
-provincial court
-king’s bench
-court of appeal
-supreme court

Question 13

Administrative tribunals:

Answer 13

-quasi-judicial
-take care of a lot of rules/regulations that would overwhelm the judiciary
-created by specific statue
Ex. vet: go before you peers (better than having a judge that doesn’t know about vet med)

Question 14

Justice of the peace:

Answer 14

-don’t conduct marriages (unless also a marriage commissioner)
-primarily function to release people on bail
-handle some summary offences

Question 15

Provincial court (peoples court):

Answer 15

-90% of cases end up in this court
-95% of all criminal matters
-preliminary hearings
-quasi-criminal matters
-civil claims limits vary by province
-all summary offenses
-indictable offences: expect murder (Queen’s court)

Question 16

Provincial limits small claims court:

Answer 16

-Sask: $30,000
-AB: $50,000
BC: $35,000

Question 17

Court of King’s bench

Answer 17

-civil cases
-wills, estates, family law
-indictable offences where elect to be tried by a judge and jury

Question 18

“trial courts”:

Answer 18

-provincial and queen’s court

Question 19

“appellate” courts:

Answer 19

-court of appeal and supreme court

Question 20

Supreme court of Canada:

Answer 20

-queen’s bench appeals to court of appeal
-court of appeal appeals to supreme court of Canada
*automatic right to appeal to court of appeal, but must apply to supreme court and issue must be National importance

Question 21

Federal court:

Answer 21

-deals with lawsuits relating to Government of Canada

Question 22

Tort:

Answer 22

-the wrong on injury when a person or corporation causes a wrong or injury to an individual

Question 23

2 types of tort:

Answer 23

1. Intentional
2. Unintentional

Question 24

Intentional tort:

Answer 24

-intend to cause harm or injury
1. personal harm: assault(verbal) and battery(when actually do it), false imprisonment
2. Economic harm: defamation, slander (verbal) and libel (written)
3. Interference with land or chattel (things you own): trespassing

Question 25

Remedy for damages related to breaching a contract or committing a tort:

Answer 25

-essentially the same and usually involves money

Question 26

Strict liability (intentional tort):

Answer 26

-build a dam next to a coal mine -water overflows the dam, even though built to specifications -the dam owner blames the enginers -court finds dam owner at fault *anyone storying dangerous goods are responsible

Question 27

Unintentional tort (negligence):

Answer 27

-up until 1932 it was difficult to decide whether conduct was negligent or not >could only sue someone if they had a ‘contract’ with them *court corrected it a came up with “LOVE THY NEIGHBOUR DOCTRINE”

Question 28

Love they neighbour:

Answer 28

4 elements -was a duty of care owed? -if owed, the what standard of care is required? >every activity requires a reasonable level of care -was there a breach in this standard? -is there legal causation?

Question 29

Why is the Love thy neighbour doctrine of significance to veterinarians?

Answer 29

-occupier’s liability (trespasser, licensee, invitee) -Occupier has a duty of care to those coming onto their land (DUTY OF CARE OWED)

Question 30

Trespasser:

Answer 30

-uninvited, generally enter at own risk -even if not invited some duty of care still exists -“attractive nuisance”

Question 31

“attractive nuisance”:

Answer 31

-duty of care applies to a trespasser who is enticed to trespass and then gets injured Ex. swimming pool with not high enough fence

Question 32

Licensee:

Answer 32

-comes as a social visitor -occupier must warn of potential risks

Question 33

Invitee:

Answer 33

-people coming to a business: enticed to come -highest standard of care >must warn of all known dangers, and anticipate other dangers within reason *veterinary clinic: clients are invitees

Question 34

Vicarious liability:

Answer 34

-extension of negligence beyond the person who was negligent -employer negligent for acts of the employee

Question 35

Saying I’m sorry:

Answer 35

-not considered an admission of guilt

Question 36

Agent:

Answer 36

-person appointed to act for another, usually in contract matters -fiduciary relationship: “relationship of utmost faith” or “duty of loyalty” -must act selfishlessly and must put the principal first

Question 37

Business types:

Answer 37

-sole proprietorships -partnerships -coporations -agency -nonprofit or not-for-profit -business trusts agent

Question 38

Sole proprietorship:

Answer 38

-simplest form of a business organization -one person owns the entirety of the business but may have many employees -may have business name (may or may not be registered) *income tax is treated as an individual -responsible for all net losses and sole proprietor makes all the business decisions -most vets will incorporate b/c of tax issues

Question 39

Partnership Act;

Answer 39

-same in all provinces -two or more people who jointly carry on a common business with the objective being to share profits and losses -each partner is the agent of the other

Question 40

Hallmark of partnership:

Answer 40

-sharing of profits, but not necessarily EQUAL

Question 41

Limited liability partnerships:

Answer 41

-general partners still have unlimited liability but not the Limited Liability Partners (cannot share in the control of the business) >liability is limited to what they invested in the partnership *those who take on the risk, bare the liability of it

Question 42

Corporations:

Answer 42

-neither an individual or partnership -SEPARATE legal entity (“person”) -possess attributes of a natural person, but is created artificially and never dies in a natural sense

Question 43

Benefits of incorporating:

Answer 43

-separate legal entity -limited liability -succession is simple -tax avoidance -better access to financing (lower interest rates, ‘less of a risk’) -continuous existence

Question 44

Vets and corporations:

Answer 44

-cannot incorporate to avoid liability -if are found negligent and practice is sued: there is no shield >plaintiff can come after you personally

Question 45

Limited liability:

Answer 45

-not personally responsible for the corporation’s debts -only limited to loss what they invested

Question 46

Tax avoidance:

Answer 46

-lower tax rates -paying yourself dividends vs. a wage -lifetime capital gains exceptions (can shelter $867,000) in capital gains from personal tax)

Question 47

Corporate control:

Answer 47

-Directors of the corporation (shareholders), select officers who operate and manage the company -in Vet corp: shareholders may be a couple of owners

Question 48

Incorporate without a lawyer:

Answer 48

-very inexpensive -best to consult a lawyer and an account to ensure the business is set-up properly >need proper share structures, articles of incorporation, bylaws, minutes, etc.

Question 49

holding company:

Answer 49

-incorporated company used for holding investments (such as other companies) -is a corporation=lower income tax rates -used for tax deferral (removes assets in timely manner after retiring)