MIDTERMS: Matching Type

Question 1

Having a height and weight requirement for a job.

Answer 1

Constructive Discrimination

Question 2

A statutory provision that limits the ability to appeal the decision of an administrative tribunal to the courts.

Answer 2

Privative Clause

Question 3

The principle whereby if a term in a contract is ambiguous (i.e. can have more than one meaning), courts will interpret that term in favour of the party who did not draft it.

Answer 3

Contra Proferentem

Question 4

Another name for “statute”.

Answer 4

Act

Question 5

Sonia is not required to divulge confidential communications with her lawyer that she disclosed for the purpose of getting legal advice.

Answer 5

Solicitor-client privilege

Question 6

A requirement that a cab driver must have a driver’s license.

Answer 6

BFOR

Question 7

The employer fires the employee for filing a human rights complaint.

Answer 7

Reprisal

Question 8

The employment contract does not contain a termination provision so Shady is entitled to reasonable notice of termination.

Answer 8

Implied term

Question 9

Administrative Tribunals Bodies created by statute to offer an alternative to the court system

Answer 9

Administrative Tribunals

Question 10

Previous decisions by judges that looked at similar issues.

Answer 10

Legal Precedent

Question 11

The employer offers Sheila the job, subject to her taking a pre-employment medical examination.

Answer 11

Conditional Job Offer

Question 12

Francine is a self-employed HR consultant.

Answer 12

Independent Contractor

Question 13

The employer modifies the company car so Philip, who was recently disabled, can still drive it.

Answer 13

Reasonable Accommodation

Question 14

Maia is hired on a permanent, rather than a temporary, basis and this means that she is a ____________________ hire.

Answer 14

Indefinite

Question 15

Rules contained in various handbooks, etc. that govern the workplace and which are included as part of the employment contract if referred to as such within the employment contract

Answer 15

Ancilliary Contract

Question 16

Francis’s employment contract includes a clause whereby he agrees not to solicit the employer’s customers for six months after he leaves that employment.

Answer 16

Restrictive Covenant

Question 17

Where accommodating someone with a disability would substantially affect the viability of the organization.

Answer 17

Undue hardship

Question 18

It protects legislation from a Charter of Rights challenge as long as the legislation expressly contains it.

Answer 18

Notwithstanding Clause

Question 19

The party opposing an appeal.

Answer 19

Respondent

Question 20

Law that applies to private, non-criminal matters.

Answer 20

Civil Law