Question 1 Isaac designed a collapsible workbench in his woodworking class. Being pleased with the design, he has decided to make further copies but wants to prevent others from copying its unique Not yet features. Based on your reading of the Business Law Textbook, which of the following is TRUE? answered Select one: Marked out of 1.00 O a. Once Isaac registers his workbench design under the Industrial Design Act, the protection he receives is finite and not renewable. Flag O b. If Isaac registers his design he will initially secure the exclusive right to produce the workbench for 20 years. question O c. If Isaac registers his design but cannot produce sufficient copies to satisfy his customers, he can grant a temporary licence to another party in exchange for a fee, and continue to profit it that manner. O d. If Isaac registers his workbench design under the Industrial Design Act, he will only be able to prevent others from copying his design for 10 years. Question 2 If Isaac, the plaintiff, has registered his Industrial Design and establishes that the capital letter "D" in a circle and his name were marked on the workbenches he produced, which of the following would be TRUE? Not yet answered O a. If Isaac, the plaintiff, establishes that the capital letter "D" in a circle and his name was marked on the workbenches he produced, his sole remedy will be an injunction to prevent Marked out of 1.00 further copies from being sold. Flag b. A remedy may be awarded for an act of infringement so long as the law suit is commenced within one year of the infringement. question O c. If Isaac finds someone has copied his design after he has registered it, he will be able to commence a lawsuit alleging infringement, but that lawsuit will have to be commenced in the Alberta Court of Queen's Bench. O d. If Isaac, the plaintiff, establishes that the capital letter "D" in a circle and his name was marked on the workbenches he produced, he may be awarded damages as against a party who infringes his industrial design. Question 3 Ayah is a self-taught graphic designer. She has designed a webpage and wants to post images of her posters on the internet. She is concerned that once she posts these images, others may Not yet copy them, impacting her ability to make money by selling her posters. Concerning copyright, which of the following statements is TRUE? Consult the Business Law Textbook for the answer. answered Select one: Marked out of 1.00 O a. Ayah will be unable to secure copyright protection in Canada unless she is a Canadian citizen. P Flag O b. Unless Ayah registers her copyright, others are free to copy her poster and sell copies themselves. question O c. In Canada, the creation of the work grants to creator copyright protection for 20 years. O d. Where the copyright is not registered, the remedies available for infringement may be significantly restricted, so registration, while not required in Canada, is advised.Question 4 Barney is a game designer but being old fashioned, he restricts his passion to creating board games. His latest game, Rubble Trouble, requires players to overcome various Not yet obstacles as they make their way around the board. Barney is concerned that others may copy his game. Based on your reading of the Business Law Textbook, Barney is best answered advised to protect his game by: Marked out of 1.00 Select one: Flag O a. Registering his copyright, as copyright will protect his game for 50 years. Unless he registers his copyright, Barney will not be able to prevent others from copying his game. question O b. Registering an industrial design, so that others will be prevented from creating board games of the same dimension and size for 5 years. O c. Registering a trademark. The trademark will prevent others from copying the game for 15 years, but trademarks are not renewable. O d. Applying for a patent so that he is granted a monopoly over selling his game for 20 years. Question 5 The Canadian Trademarks Act provides parties the ability to protect distinctive terms, symbols, colors and designs used to brand their business and products. Refer to your textbook to Not yet determine which of the following statements about trademark law is FALSE. answered Marked out of 1.00 O a. Registration of domain names and using them on the internet is one way to overrule trademark law. Flag question O b. The registration of a trademark creates a presumption of ownership, which assists the trademark owner should they sue for infringement of trademark or commence an action alleging passing off as against an imitator. O c. A trademark cannot be a functional part of a product; similarly, one cannot trademark a product itself. One can, however, obtain a trademark for a product's distinctive features, its colour and design. O d. It is up to the party aggrieved by the imitator to commence a legal action, if they wish to protect and enforce their trademark. The government does not do this on the trademark owner's behalf.Question 6 Information concerning trademarks is available from the Canadian Intellectual Property Office. Kimberley has created a Not yet buckwheat product that makes bubbling sounds when liquids are mixed with it. She wants to know if she can secure a answered trademark for a tune to accompany the words "Bubble, Bubble, here comes buckwheat trouble" to protect the brand she's Marked out of creating for the "Bubbling Buck" cereal. Based on information provided by the Canadian Intellectual Property Office, you 1.00 can advise Kimberley: Flag Select one: question Q a. Registering a trademark can stop others from using a confusingly similar tune. O b. For sound and moving image trademarks, a description of the trademark is all that is required. O c. That the trademark will last only for eight years. O d. Once a trademark is registered, the Trademarks Office will police and prevent others from infringing the mark. Question 7 Find the court's decision in Merrill Lynch Canada Inc. v. Soost, 2010 ABCA 251. It will be helpful to read the case in Not yet its entirety before answering the following question. With respect to the award of damages in this wrongful answered dismissal case, which one of the following statements is TRUE? Marked out of Select one: 1.00 Flag O a. At trial, in addition to awarding damages in lieu of notice, the Trial Judge awarded the financial advisor $1.6 million question "for loss of reputation and book of business" resulting from the manner of the financial advisor's dismissal. This award was overturned on appeal. O b. The Trial Judge found there were grounds sufficient to justify summary dismissal of someone in the Respondent's position. Damages in lieu of notice (based on a 12 month notice period) were thus denied. O c. The Court of Appeal ruled that the mere fact of dismissal justifies an additional award of Honda damages. O d. The Court of Appeal noted that there was an obligation on the part of the employer to ensure that in effecting the dismissal, it was not being unduly insensitive. The Court found that the circumstances did give rise to a claim in this case and thus punitive damages ought to have been awarded.Question 8 Locate the Alberta Court of Appeal decision in Merrill Lynch Canada Inc. v. Soost. The respondent sued Merril Lynch for Not yet wrongful dismissal and in addition to damages for one year's notice period, the trial judge awarded significant ($1.6 answered million) damages. Which of the following statements best reflects the reasons for the appeal court's decision? Marked out of 1.00 Select one: F Flag O a. The appellant employer honestly believed that it had just cause to dismiss the respondent but did not act in time, question so the dismissal was wrongful. O b. The appellant deliberately delayed and then structured the dismissal, all in order to get the plaintiff's clients. This deception justified the extraordinary award of additional damages. O c. The trial judge correctly awarded the $1.6 million in damages for the loss to the plaintiff's reputation and book of business or goodwill, which would not be compensated for by an award of damages in lieu of notice O d. The award of $1.6 million has no basis in law: it purports to compensate for matters which the law does not recognize as compensable, it lacks a factual basis and it appears to contain an element of double counting for the lack of reasonable notice. Question 9 Refer to the LawNow article, "5 Basics Every Startup & Growing Business Should Know About Employment Law" Not yet written by the law firm Mcinnes Cooper. Which one of the following is NOT one of the five employment law basics answered outlined in that article? Marked out of 1.00 Select one: P Flag O a. A standard form employment agreement is critical. Since courts carefully scrutinize employment contracts and question interpret any ambiguity in an employee's favour, employers should avoid customizing employment contracts and deviating from the standard form employment agreement. O b. Know and comply with employment standards laws, and remember that the laws only set the minimum requirements: an employee could be entitled to more under the terms of an employment contract or at common law (the law that results from judges' decisions). O c. Every employer has an employment contract with every employee - even when there's "nothing in writing". A well- drafted and implemented written employment contract can be instrumental to avoiding and resolving disputes during or at the end of the employment relationship, saving the employer time and money. O d. Record-keeping is critical. The issue for employers is often not what happened or what was done, but what it can prove happened or was done. When an employer faces an employment-related lawsuit, a complaint or an investigation under employment standards laws, human rights laws, occupational health and safety laws, or otherwise, its records are critical to its ability to respond with proof of what it did.Question 10 Review the LawNow article "COVID-19: Temporary changes to Alberta's Employment Standards Code". Under the Public Not yet Health Act, the government was given the power to temporarily suspend or change any part of a law through a Ministerial answered Order. Which of the following provisions found in Alberta's Employment Standards Code was NOT temporarily suspended or changed? Marked out of 1.00 Select one: P Flag question a. The requirement for 8 hours of rest between shifts was not changed. O b. The requirement that employees work for 90 days before being entitled to 5 days of unpaid leave (to deal with their own health or to meet their responsibilities in relation to a family member) was not changed. O c. The requirement that employers give employees at least 24 hours' written notice of a shift change was not suspended. O d. The permission granted to employers to temporarily lay off employees for up 60 days within a 120-day period was not changed.Question 11 Most employees in Alberta fall under provincial employment rules. Based on the relevant statute, which of the following Not yet statements is TRUE? answered Select one: Marked out of 1.00 O a. Surjit was hired by Safeway as an account manager two months ago. Today, he has been deployed to a Canadian F Flag forces operation in Manitoba that is evacuating victims of a flood. His employer is required to provide him with a question 20-day reservist leave. O b. Sammy is 14 years old. If his mom has been employed by the same employer for at least 90 days, she is entitled to an unpaid critical illness of child leave of up to 36 weeks for the purpose of providing care or support to her child. O c. Joia is scheduled to work Tuesday through Saturday from 9 a.m. until 4 p.m. If Joia does not work on Thanksgiving Day, which falls on a Monday, she is entitled to receive her daily wage as holiday pay. O d. Danny was operating a fork-lift at the Cosso warehouse when he accidentally backed into a concrete column damaging the fork-lift. His employer can deduct the cost of repairs from his pay. Question 12 Jafari is frustrated. In October 2020, he decided to seek help from the Alberta Human Rights Commission to address the Not yet manner in which he has been treated by his employer. Should Jafari proceed to file a complaint alleging discrimination, answered which of the following is NOT likely to occur? Marked out of 1.00 Select one: Flag O a. If Jafari's complaint is assigned to the conciliation process, all information provided by each party will be shared question with the other party. An opportunity will be provided to comment on the information. O b. If Jafari's complaint is assigned to the conciliation process, a conciliator will review the information already collected on the file, and may contact the complainant and respondent requesting additional information. O c. Jafari's complaint will be assigned to a human rights officer who will review the complaint and response, and then determine whether the complaint will be resolved through an early resolution process, the Investigation Process, or the Conciliation Process. O d. If Jafari's complaint is assigned to the conciliation process and the conciliation does not successfully resolve the complaint, the complaint will be referred to the court for a trial.Question 13 The Government of Alberta amended the Alberta Human Rights Act, effective January 1, 2018, and the human rights Not yet commission has posted details on its website. Age discrimination is now prohibited in the protected areas of goods, answered services, accommodation or facilities, and in the area of tenancy. There are exceptions that allow specific types of age Marked out of restrictions in the area of goods, services, accommodation or facilities. Which of the following CORRECTLY describes one 1.0 of those exceptions? Flag Select one: question O a. Seniors only housing will continue to be allowed so that older Albertans can choose to live together in a community of people at a similar life stage. The minimum age cut off for seniors only housing is 50 years of age. O b. Age restrictions will not be permitted in rental buildings after January 1, 2015, unless they meet the exception for seniors only housing. O c. Existing age restricted condominiums, co operatives and mobile home sites will be allowed for a 10 year transition period, which ends on December 31, 2030. O d. Programs that provide benefits to minors or seniors, such as discounted movie tickets and reduced bus fares, can continue. Question 14 Review the August 2021 decision of the Alberta Human Rights Tribunal in Beaudin v Zale Canada Co. ofa Peoples Jewellers. The Chief of the Commission and Tribunals was required to review the record of the director's decision and decide Not yet answered whether the complaint should have been dismissed. Which of the following was not expressed as a factor influencing his decision? Marked out of 1.00 O a. Whether the respondent was merely using "legal jargon". P Flag question O b. Whether the policy was introduced for a valid and legitimate business purpose. O c. Whether the policy was introduced in good faith. O d. Whether there were alternatives available to accommodate those negatively affected, without incurring undue hardship.Question 15 Refer to the LawNow article, "Disabilities and Addiction in the Workplace" written by Myrna El Fakhry Tuttle. According to the article, which of the following statements is TRUE? Not yet answered Select one: Marked out of 1.00 O a. Duty to accommodate refers to the employer's legal obligation to take every possible step to eliminate P Flag discrimination resulting from a rule, practice or barrier that has-or can have-an adverse impact on individuals question with disabilities. Efforts to accommodate are required up to the point of financial hardship. O b. Addiction is recognized as a mental disability, which means that employers cannot automatically terminate employees because of their addiction. On the contrary, employers are required to accommodate those employees to the point of undue hardship. O c. The term "disability" includes an actual disability, not a perceived (presumed or believed) disability. Only actual disability is protected under the law. O d. Alcohol or drugs can directly and significantly contribute to workplace dangers. Employers have a duty under Occupational Health and Safety legislation to provide a safe workplace. A no tolerance policy will ensure that employers are protected from potential liability