Erica's neighbour, Brad, has been employed as a mechanic for Central Service for the last 15 years. Erica, a student of business law, is aware that Brad has never acquired a mechanic's licence. Erica's car is in need of major repairs but she has no savings. Consequently, she concocts a scheme to have the repairs done without charge.

At the Brock library Erica locates the following excerpt from the Apprenticeship and Tradesmen's Qualification Act.

11(2) No person shall work or be employed as a motor vehicle mechanic unless the person holds a subsisting certificate of qualification.

(3) No person shall employ any person as a motor vehicle mechanic unless the person employed holds a subsisting certificate of qualification.

Penalty Provision: 26(1) Every person, (a) who contravenes any provision of this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $10,000.00.

Erica takes her car to Central Service and has the engine replaced, specifying that Brad make the mechanical repairs. Brad does an excellent job in repairing the vehicle. Central Service presents Erica with a repair bill for $3,000.00 ($2,000.00 for parts; $1,000.00 for labour). Erica promises to drop off a cheque the next day and drives the car home. She then sent the following email to Central Service:

As the repairs to my vehicle have been performed by an unlicensed mechanic contrary to Section 11 of the Apprenticeship and Trademen's Qualifications Act, and because I am not yet 18 years old, I am not legally obligated to pay your invoice.

The management of Central Service seek your advice as to the viability of a legal action against Erica to force her to pay the account.

Required:

Indicate whether or not, and to what degree, if any, Central Service can succeed in its action against Erica. In your answer be sure to identify the countervailing public policies in issue. (ii) After being served with the legal action, Erica concocts plan B. She delivers a cheque to Central Service for $1,000.00 with the notation "in full payment of my indebtedness". Central Service cashes the cheque but proceeds with the legal action to collect the balance. Erica claims that they cannot continue the action since they cashed the cheque.

Required: Who is right? Explain with reference to the applicable legal principles.

(iii) Central Service advises Brad that they are deducting $2,000.00 from his pay (the amount that Erica has refused to pay) since Brad is in contravention of Section 11(2) of the Act since he is working as a mechanic.

Required:

Would Brad be successful in an action against Central Service for the withheld wages or could they successfully defend the Action? Explain.