Question 1 Sam is interested in forming a partnership and is conducting research into partnership agreements. Based on his reading of his Business Law textbook, one of the following statements is not correct. Choose the statement that is NOT CORRECT. Not yet answered Marked out of 1.00 Select one: O a. The circumstances in which the partnership will be dissolved is an important matter and should be included in a contract creating a partnership. P Flag question b. Even where parties clearly state in a contract that they are not partners, a partnership can still be found to exist by the courts. c. It is a good idea to create a partnership through evidence in writing. O d. Where parties clearly state in a contract that they are partners, this is conclusive evidence that a partnership has been created and the courts cannot find otherwise. Question 2 Locate the legislation in Alberta which applies to partnerships. Under this legislation, the Lieutenant Governor in Council may make regulations regarding the matters below, with one exception. Identify the EXCEPTION. Not yet answered Select one: Marked out of 1.00 P Flag question O a. establishing or providing for the manner of establishing fees to be charged in respect of anything done and any service or thing provided under this Act. O b. applications for registration of limited liability partnerships under Part 3. O c. governing name requirements for Alberta LLPs. O d. imposing terms and conditions on limited liability partnership registration under Part 5 including, without limitation, regulations which authorize the Registrar to impose terms and conditions. Question 3 Not yet answered One piece of legislation that applies to a federally incorporated company in Canada is the Canada Business Corporations Act (CBCA"). Locate the CBCA. In fulfilling their fiduciary duty to the corporation under the CBCA, directors and officers may consider a number of factors. The list of factors specifically include all of the following, EXCEPT: Marked out of 1.00 Flag question Select one: O a. the interests of employees. O b. the economy. c. the interests of retirees and pensioners. O d. the environment. Question 4 Information about business corporations is provided online by the Government of Canada. Go to the Corporations Canada page on the Government of Canada website and search "Benefits of incorporating". According to the information contained on this page, the benefits of incorporating provincially and federally include: Not yet answered Marked out of 1.00 P Flag question Select one: O a. Corporations are taxed separately from their owners. O b. Corporations do not have the same rights as a real person. O c. A corporation has limited life. O d. A corporation can acquire assets, obtain a loan and enter into contracts, but it cannot be found guilty of committing a crime. Question 5 After reading about corporations in the Business Law in Canada textbook, Ajay is considering the possibility of incorporating a corporation. Based on his reading, one of the following statements is true. Choose the statement that is TRUE. Not yet answered Marked out of 1.00 Flag question Select one: a. While it is possible to incorporate a corporation at the federal level, it is not possible to incorporate at the provincial level. O b. A sophisticated client knows that it is always best to incorporate federally. c. A corporation that is federally incorporated can carry on business in any part of Canada, provided it goes through the formality of registering extra-provincially in each province. O d. Generally speaking, a closely held corporation is one in which there are numerous shareholders. Question 6 Most of Canadian tort law is derived from judges' decisions. Locate and read the decision of the Honourable Mr. Justice A.D. McLeod in Warner v Calgary Regional Health Authority (Rockyview General Hospital), 2020 ABQB 172 (Canlil). Read the Analysis" portion of the decision, then choose the statement below that is CORRECT. Not yet answered Marked out of 1.00 P Flag question Select one: O a. The Plaintiff failed to prove causation. O b. The trial judge rejected the evidence of the medical witnesses. O c. Relying on a Supreme Court of Canada case, the trial judge held that the plaintiff has the onus to prove on a balance of probabilities that the Defendant' s negligence was the sole cause of the injuries. O d. The Defendant disputed the plaintiff in three areas: her position on causation relating to her injuries; the damages which would return the plaintiff to her original position; and the categories of damages claimed. Question 7 Read, in particular, the portion of the judgment in Warner v Calgary Regional Health Authority (Rockyview General Hospital) (CanLII), relating to the assessment of damages. Thereafter, choose the statement below that is INCORRECT. Not yet answered Marked out of 1.00 Select one: P Flag question O a. The Defendant suggested the sum of $155,000.00 in general damages for the Plaintiff. O b. The trial judge cited a Supreme Court of Canada case (Andrews v Grand & Toy Alberta Ltd.), in outlining the purpose of non-pecuniary general damages. c. The Plaintiff sought special damages of $300,000.00 from the Defendant. O d. The Plaintiff was awarded general damages for non-pecuniary losses in the amount of $234,000 (plus interest). Question 8 One of the torts covered in the course is nuisance. An Alberta case which involved both a claim in nuisance as well as negligence, is Meadows v. Proctor, 2012 ABPC 360 (CanLII). After reading this case, identify the statement below which is NOT correct. Not yet answered Marked out of 1.00 P Flag question Select one: O a. This case involves a dispute between neighbours relating to a tree and a fence. O b. The Court heard evidence, among other things, of calls to the police as well as calls and attendance by the by-law officer O c. The growing of the Defendants' tree is not a natural use of the Defendants' land and is an unreasonable use of the Defendants' land. O d. Occasional debris which falls from a tree onto a neighbour's property does not constitute a substantial or unreasonable interference with that property. Question 9 Not yet answered You are considering suing someone for negligence in the Court of Queen's Bench in Edmonton. A friend has told you that there is legislation in effect in Alberta which may lead a court to find shared liability. Before consulting with a lawyer about your potential action, you conduct some research about this law in Alberta. Based on your research, you confirm that: Marked out of 1.00 P Flag question Select one: O a. Section 2(1) of the applicable Alberta legislation states that: [w]hen damage or loss has been caused by the fault of 2 or more persons, the court shall determine the degree in which each person is at fault. O b. Alberta' s legislation was repealed in 2017 and is no longer in force. O c. The applicable Alberta legislation is the Contributory Negligence Act. Section 3 of this Act states that: [i]n every action (a) the amount of damage or loss, (b) the fault, if any, and (c) the degrees of fault, are questions of law. O d. The Alberta legislation is known as the Shared Fault Act. Question 10 Read about tort law principles in the Business Law in Canada textbook (note that these are covered over two chapters). After you read this material, identify the statement below that is INCORRECT. Not yet answered Marked out of 1.00 P Flag question Select one: O a. Liability even in the absence of fault is the principle of strict liability. O b. An employer' s liability for employees' actions while carrying out their employment duties is the principle of vicarious liability. An employer is held vicariously liable for their employees' actions even though the employer has done nothing wrong. c. Vicarious liability is not a form of strict liability. O d. Tort law generally requires fault to be demonstrated. Question 11 A plaintiff who sues in tort must prove each of the elements of the tort. Review the torts below, along with their elements, and compare them to the information contained your Business Law in Canada textbook. One of the torts below is matched correctly to its elements. Identify the tort which is CORRECTLY matched to its elements. Not yet answered Marked out of 1.00 Flag question Select one: O a. False imprisonment forcing a party to do something that harms it using the threat of violence or some other illegal activity. b. Defamation: false statements made; derogatory to the plaintiff's reputation; publication or communication to a third party. O c. Intimidation: deliberate restraint; lack of lawful authority. O d. Trespass to chattels: deliberate interference with a person's body; no consent. Question 12 The Office of the Privacy Commissioner of Canada (OPCC) has information posted on its website that a business owner may find useful. Go to the website for the OPCC and find the page entitled "10 privacy tips for businesses. Which of the following is NOT a tip recommended on the page? Not yet answered Marked out of 1.00 Select one: Flag question O a. Think twice before collecting sensitive personal information, such as driver's licenses. b. Make sure your customers know who to speak to about privacy questions. c. Refer all requests for access to personal information to the company's lawyer. O d. Inform customers about video surveillance use. Question 13 Not yet answered Marked out of 1.00 Professionals owe various duties to their clients. Where there is a breach of a duty owed by a professional to a client, a client can sue in the courts for damages. An example of a lawsuit brought against a professional is the case of Robertson v. Arthikharnu, 2015 ABPC 257. After locating and reading the Court's decision, identify the statement below which is TRUE. Select one: Flag question O a. Mr. Arthikharnu sought the return of legal fees and disbursements already paid in the amount of $5,256.46. O b. The Court dismissed Ms. Robertson' s claim and awarded judgment to Mr. Arthukharnu on his counterclaim. O c. There was no written retainer agreement between Ms. Robertson and Mr. Arthikharnu. O d. Ms. Robertson was Mr. Arthikharnu' s client. Question 14 Based on the decision of the Court in Robertson v. Arthikharnu, 2015 ABPC 257, which statement below is FALSE? Not yet answered Marked out of 1.00 P Flag question Select one: O a. As set out in the decision, the overriding duty of a lawyer as an officer of the court is to represent his or her client honourably and in accordance with the Code of Conduct. O b. If a lawyer breaches the terms of her retainer or otherwise fails in her obligations to her client, she cannot be sued in Alberta. A client's remedy is restricted to bringing a complaint against the lawyer to the Law Society of Alberta. O c. Lawyers in Alberta are considered officers of the court. Od. A breach of the Code of Conduct does not automatically provide a defence to a claim for fees, nor is it automatically the foundation for a counterclaim. Question 15 A student-at-law who is training to become a lawyer in Alberta is required to abide by certain policies during their articling year. Failure to abide by these policies can lead to sanction. Locate and read the decision in Law Society of Alberta v. Brehm, 2020 ABLS 10 (Canlil). After reading this decision, choose the statement that is TRUE. Not yet answered Marked out of 1.00 P Flag question Select one: O a. The law society complaint brought against Mr. Brehm led to five citations against him. O b. Mr. Brehm was found not to have breached the terms of the CPLED Professional Integrity Policy. c. Mr. Brehm was reprimanded, fined $10,000.00 and ordered to pay costs of $1,575.00. d. Mr. Brehm was informed, through his reprimand, that a practicing lawyer's life is often filled with stress and he would need to be prepared to deal with such stress if he intended to proceed with a career in law