1) Negligence is one of the most important areas of tort law. Demonstrate your knowledge of this tort by:

(a) Applying the four elements and their corresponding tests required to establish negligence. Use the facts of Crocker v. Sundance (Inner Tube Mishap Case) to help explain each of these elements. Remember to apply the corresponding tests associated with each element to show your understanding

(b) Provide a summary of the three defenses offered by Sundance (Defendant) in this case

2) In Meiorin v. B.C. Government (Female Forest Firefighter Case), the Supreme Court of Canada found that a new physical fitness standard was discriminatory. The Court agreed with the Employer's argument that such discriminatory practices or standards could continue as long as they were a "bona fide occupational requirement" (BFOR). Explain:

1. Briefly explain what a BFOR means (define its legal meaning to employment law)
2. Outline the test established by the Supreme Court to determine whether a BFOR exists
3. BRIEFLY (1 sentence) explain the outcome of this case (what the court ultimately decided) and,
4. BRIEFLY explain the impact of the Hydro Quebec Case on the BFOR standard

3) The BC Employment Standards Act provides "floor" rights to BC's workers.

(a) Briefly what is meant by this statement?

(b) Who is covered by BC ESA?

(b) Provide and explain at least eight (8) floor rights an employee is entitled too under the Act

(E.G. A regular work week = a maximum of 40 hrs. - DO NOT USED THIS EXAMPLE AS PART OF YOUR ANSWER!!).

4)Explain whether the following questions would be considered appropriate, according to employment statutes, if asked during an initial interview for a new customer service representative working for a parking management company (someone who answers calls from a call center).

If not appropriate, briefly explain why the question is inappropriate based the employment statute law. Refer to appropriate statute law(s) where applicable.

1. Are you legally entitled to work in Canada?
2. Do you plan to start a family soon?
3. What's your relationship status? Are you married, divorced, single or living in a common law relationship?
4. Do you belong to, vote for or support the New Democratic Party?
5. Have you ever been convicted of any criminal offences?
6. Do you belong to or have you belonged to alcoholics anonymous?

5) Donald Trump hired a new Apprentice to head up his Canadian divisions on a fixed-term, one year contract in 2005. This contract was subject to renewal. This new Apprentice did so well in 2005 that The Donald offered another fixed-term one year contract in subsequent years from 2006 to 2015. The Apprentice asked several times for greater certainty than a one-year term contract, but The Donald said this was "his way of doing business" and "not to worry". The Donald also represented to the Apprentice on a regular basis that there "would always be a job for you within the Trump Empire". The Donald even provided favourable performance reviews to assist the Apprentice in becoming even more like him. Unfortunately, after becoming distracted with an election campaign, The Donald decided not to renew the contract at the end of 2015. The Apprentice was paid severance based on the last fixed-term contract of one year.

Explain the likely outcome of this case should the Apprentice sue for wrongful dismissal in the B.C. Supreme Court. Be sure to explain and support your answer. References to appropriate cases are welcome and encouraged.

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