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For each of the following questions please provide abrief fact sheet,legal issues and analysis Basile v. Attorney General of Nova Scotia , [1984] N.S.J. No.
For each of the following questions please provide abrief fact sheet,legal issues and analysis
- Basile v. Attorney General of Nova Scotia, [1984] N.S.J. No. 337 N.S.S.C. (App. Div.) Under theDirect Sellers' Licensing and Regulation Act,96anyone involved in the activity of direct selling (door-to-door sales) in Nova Scotia had to be a resident of that province. Mr. Basile, a bookseller and a resident of Qubec, applied for a licence to sell in Nova Scotia and was refused because he was not a permanent resident. Were he to challenge this decision, what would be his argument? Is this an infringement of the mobility rights? Does this activity fall into one of the exceptions set out in either section 6(3)(a) (laws of general application) or the reasonable limitation clause in section 1 of theCharter? If successful with hisCharterchallenge, what remedies might Mr. Basile be awarded?
- Taisa is a massage therapist who runs a successful business from her home. One of her long-time clients, Greg, owes her a considerable sum of money relating to unpaid massage therapy sessions. Greg is reluctant to pay because he is unhappy with the services he has received. If her primary concern is to preserve her relationship with Greg, what course of action Taisa should consider? Why do you think that the suggested course of action is best in her situation?
- Berman made a documentary on the life of musician Artie Shaw. Shaw's representative was cooperative and gave her permission to use certain songs if she received proper permission from the copyright holders. The cost of the film was funded by her own savings, a private investor, the Canada Council, the Ontario Arts Council, and deferred salaries and material costs. In March of 1987, the film won an Academy Award as the best feature documentary for 1986. In November of 1987, Shaw's lawyer contacted Berman's lawyer: "... This letter states that Artie Shaw has a 35% profit participation in the motion picture... ." If this case ends up in court what will be the most likely decision of the judge?
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