PART 2.1 SHORT ANSWERS QUESTIONS Questions 29 to 32 must be answered directly on this questionnaire. [Total: 14 points] [29] According to the Supreme Court of Canada, what are the three (3) criteria to determine if there are any implied obligations in \"Contract A" of the tendering process? Justify your answer by citing that Supreme Court decision (3 points) Supreme Court decision: 1- [30] Provide and explain 4 reasons why an inventor would choose to protect his/her patentable invention by trade secret instead of filing a patent application? (4 points) 2- 3-[31] In Ontario, what is the practice of professional engineer (PPE)? Justify your answer with the legal provision of the law and/or common law case (legal justification). (3 points) Legal justification (1 point): Definition of PPE (2 points):[32] In Quebec, is the name "Women engineer professional order" is a valid name for an association that brings together women who are legally practicing engineering in Montreal and who are members of Ordre des ingenieurs du Quebec? Justify your answer with the legal provision of the law and/or common law case (legal justification). (4 points) Position (1 point) Legal justification (3 points) Answer (1 point)PART 2.2 CASE STUDY HO. 1 Questions 33 to 40 must be answered directly on this questionnaire. ['l'otal: 36 points] Mr. John W9, is an engineer and a PED member. John had controlled of the company m Engineering inc. (\"TE inc.\"] since 1969 and had been storing various materials and wastes on the property in 1974. Mr. W and TE inc. had been convicted in the past for failing to comply with Court orders and it had been demonstrated a repeated pattern of utter disregard for the effect that their decient chemical storage practices were having on the surrounding environment. Midwest Engineering inc. (\"ME inc.") wanted to Purchase TE inc. Prior to its purchase, it retained an environmental consultant who conducted a Phase | Environmental Site Assessment (ESA) on the property and reported that a Phase II was not required. It was only when I'le inc. became interested in purchasing all or part of the adjoining property owned by the TE inc. and conducted additional investigations that it discovered its property had been contaminated by Mr. W and TE inc. The common law expressly mentioned that an engineer has a duty to care in these specic above- mentioned circumstances. [33] In the practice of engineering what is an \"environmental site assessment" (EBA)? Justify your answer with the legal provision of the law andior common law case {legal justication). (3.5 points) Denition of ESA: {2.5 points) Legal justication {1 point}: [34] In this case, what are the possible successful legal actions of ME inc against the following parties? Under which torts and what element should be proven for each action to be successful? Justify your answer with the legal provision of the law and/or common law case (legal justification). To answer all these questions, complete the below table (13.5 points) GNG4170(A) Engineering Law - Winter 2022, Final Exam Prof. Paula Sauveur Page 5 of 10 Parties to the legal Torts Legal Proof of the plaintiff actions Justification (1.5 points/torts) (2 points/tort) (law or common law case (1 points/legal action) ME inc. v J. ToardarsonParties to the legal Torts Legal Proof of the plaintiff actions Justification (1.5 points/torts) (2 points/tort) (law or common law case) (1 points/legal action) ME inc. v J. Toardarson APEO v. J. Toardarson AVRIGHT ME inc. v TE inc. N/A: it means no need to put any case law or laws for this one [35] What is the limitation period in respect of an environmental claim that Midwest Engineering inc. has to sue Thorco Engineering inc.? (2 points) Predictions: On 9& Accessibility: Investigate[36] If ME inc. file a complaint against the engineer John Thordarson to the APEO: Complete the below table by indicating if the allegation is true or false; Justify your answer with the legal provision of the law and/or common law case (legal justification). (17 points) No. Questions True (T) or Article Law or False (F) (section) Regulation (0.25 point (0.5 point (0.25 each) each) each) 10 The Complaints Committee will investigate complaints regarding the conduct or actions of John. 20 The Complaints Committee in accordance with the information it receives may, direct that the matter be referred, in whole or in part, to the Discipline Committee. 30 The Complaints Committee is not required to hold a hearing before making a decision. 40 All disciplinary decisions of the Discipline Committee require the vote of a majority of those of its members presiding over the matter. 50 When directed, the Discipline Committee will hear and determine allegations of professional misconduct or incompetence against John. 60 John may be found auiltv of professional50 60 ?D matter. When directed, the Discipline Committee will hear and determine allegations of professional misconduct or incompetence against John. John may be found guilty of professional misconduct by the Discipline Committee if found guilty of an offence relevant to suitability to practise, upon proof of such conviction. The Discipline Committee might oonsider that John was negligence. at} The Discipline Committee might oonsider that John failed to make reasonable provision for the safeguarding of life, health or property of a person who may be affected by the work for which the practitioner is responsible. GNGM ?D{A}I Engineering Law Winter 2022, Final Exam Prof. Paula Sauveur Page i\" of 1|] 90 The Discipline Committee might consider that John conduct would reasonably be regarded by the engineering profession as disgraceful, dishonourable, or unprofessional. 1D\" lfthe Discipline Committee finds John guilty of professional misconduct or to be incompetent it may, by order suspend his license. 11\" Contrary to his Code of ethics, John did not regard his practitioner's duty to public welfare as paramount. 12\" Contrary to the Engineering Act, John did not regard his paramount obligation to protect the health and safety of others as well as the environment. 13\" 15\" When the Discipline Committee, suspends a 119mm, the decision takes effect immediately even if John takes an appeal. ng whose conduct is being investigated in proceedings before the Discipline Committee shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produoed or any report the contents of which will be given in evidence at the hearing. The public are normally excluded from heanng. hearing. 160 If John disagrees with the decision before the Registration Discipline Committee, John may appeal to the Divisional Court. 170 If John licence has been suspended, he may apply in writing to the Registrar for the removal of the suspension, but, where the suspension is for more than one year, the application shall not be made sooner than one year after the commencement of the suspension