Multiple Choice (Please answer correctly)

1. The employer's duty to accommodate is the duty to

modify working conditions to avoid discrimination under human rights acts

hire a quota of employees from disadvantaged group

schedule work to fit the workers' best interests

all the other answers are correct

provide daycare facilities for all employees with families

2. Lisa is a skilled software developer. She worked for 6 years for E-Tek Inc. Recently Lisa gave E-Tek 2 weeks' notice that she was leaving and then left to start her own company. E-Tek now is unable to complete several contracts that it had made as it had planned for Lisa to do the work on these contracts. As a result most likely E-Tek can

sue Lisa for wrongful resignation

force Lisa to return and work for E-Tek for 6 months

sue Lisa for wrongful dismissal

sue Lisa for breach of contract

not sue Lisa as she gave adequate notice she was leaving

3. In which of the following situations is there NOT a fiduciary duty owed?

a fiduciary duty exists in all of the other relationships referred to in the question

a financial advisor to an elderly client who has no experience in investing

The directors to the corporation they are directors for

Partners to each other in a general partnership

agent to principal

4. Which of the following statements is FALSE?

accountants and lawyers can use limitation clauses to limit their liability to clients

bars that lets drunk customers leave with a sober designated driver have met their duty of care

a defendant in a negligence case is only liable for damages that are reasonably foreseeable

Donoghue v. Stevenson (snail in ginger beer case) established the neighbour principle (duty of care) in manufacturers' negligence

a store can use reasonable force to remove a person from their property if they refuse to go

5. Tina Ng has just gone through a personal bankruptcy in Toronto in 2022. Which of the following debts that Tina has will NOT be erased due to her personal bankruptcy?

all of these debts contained in the other answers will be erased in her personal bankruptcy

$5,000 she owes in unpaid rent

$12,000 loan she got from her sister

$27,800 she owes Revenue Canada in unpaid taxes

$19,000 she owes in student loans by the time she graduated in 2020

6. Which of the following has the shortest length of legal protection in intellectual property law (including all renewarls) if has been registered?

a patent

an industrial design

a trademark

a copyright

all the other answers have the same length of protection

7. Ron Flood is the mayor of the city. He was recently convicted of possession of crack cocaine and sentenced to 6 months in jail. A local newspaper, The Times, showed a cartoon of Ron smoking crack cocaine outside a jail with the words "Hey everybody vote for me in the next election, I'll be back soon." As a result of the cartoon, if Ron sued The Times, most likely a court would rule the Times

Is liable for slander

has an absolute privilege defense

is liable for injurious falsehood

has a fair comment defense

is liable for malicious prosecution

8. Which of the following areas of intellectual property (including renewals) can give the creator the longest protection for their creation?

industrial design law

Copyright law

trademark law

patent law

two of the other answers are correct

9. The PPSA registry could NOT be used to register which of the following?

a PMSI

all of the other security agreements can be registered under the PPSA

a chattel mortgage

a general security agreement (GSA)

10. Which of the following statements is FALSE?

imitation clauses can be valid in business contracts contracts

in a personal bankruptcy student loans that are more than 5 years old are erased

insurance fraud is a serious problem in Canada and contributes to higher insurance rates

a court can rectify a contract if there is a very large obvious clerical error

in a personal bankruptcy people can keep some personal belongings and household goods

11. Allan was hired by a large accounting firm in Toronto to do consulting work. On his resume Allan indicated he was a CPA had an MBA from the University of British Columbia. Allan did excellent work for the accounting firm and the clients and his bosses were very pleased with his work. After Allan had been there for 3 years the accounting firm discovered that Allan did not have an MBA nor was a CPA. As a result the accounting firm

can fire Allan immediately for just cause

can suspend Allan but cannot fire him

can demote Allan to a lower position in the firm but cannot fire him

both B and C are correct

12. Katy worked as an agent for New Fashions Inc. for 7 years. She went to Hong Kong and signed a contract for New Fashions with Styles Inc. for $200,000 worth of clothing. Katy signed the contract as the agent for New Fashions. Which of the following statements is FALSE?

if Styles sends the wrong fashions to New Fashions, New Fashions can sue Katy

Katy must use her skills and talents and act in New Fashions best interests

if Katy is fired as their agent, New Fashions should inform Styles

Katy must follow New Fashions instructions and update them

if New Fashions does not pay Styles, Styles cannot sue Katy

13. Moral rights in law refer to the right of

a person to sue journalists for extra damages in a defamation case

an artist to prevent others from using their creations in a way that hurts their reputation

shareholders to sue directors if they did not act in the corporation's best interests

an older vulnerable adult to have a very unfair contract declared void

an accused to be tried within reasonable time

14. Neil is an active partner in a large Toronto accounting firm. Another partner in the firm, Jenna, negligently prepared financial statements for a client. The client sued and the court awarded damages of $400,000. Neil's personal assets however CANNOT be taken to pay off this judgment. This can only occur because

only the assets of the accounting firm can be used to pay the judgment

the accounting firm is incorporated

Neil is a limited partner

the accounting firm is a LLP (limited liability partnership)

only Jenna's assets will be used to pay the judgment but none of the other partner's or firms assets can be taken

15. LK Inc. is a company that sells tables and chairs. LK Inc. is about to deliver an order to the Regal Hotel Ltd. for $20,000, but it has heard rumors that this hotel is in financial trouble and there are even suggestions that Regal may be going bankrupt. Which is the best way for LK Inc. to protect itself right now so that it can hopefully be paid? LK should

register its contract under the CCAA

register a PMSI

register its contract under PIPEDA

register a proposal

register as a preferred creditor under The Bankruptcy and Insolvency Act