Question 2

Sally Jones is employed as a sales manager with ABC Distributors Inc. She joined the company as a sales trainee 9 years ago and was promoted to sales manager approximately 3 years ago. About 6 months after she started to work, she signed some employment documents including an agreement that ABC Distributors could terminate her employment at any time by providing the minimum notice prescribed by applicable employment standards legislation and that, if her employment is terminated for any reason, Sally could not work for a competitor anywhere in the Province of Ontario for a period of 3 years. The company has terminated Sally's employment without cause and has agreed to pay Sally the proper amount owing under theEmployment Standards Act, but no more and it insists that she is bound by the noncompetition agreement.

What advice can you give Sally regarding theenforceability of the termination and noncompetition clauses and her entitlement, if any, to any additional compensation for the termination of her employment?

Question 4

A high school held a regular hockey practice every Monday, Wednesday and Friday immediately after school hours at a local arena run by Riverside Arena Inc. The school hockey coach was always in attendance.

Bill Smart hit Jason King catching him in the neck area and causing serious injury to his neck and throat. The ice was particularly rough on that day, which may have contributed to Bill Smart falling when he hit Jason. Jason required several operations over the course of the next two years. Jason, aged 15, had signed the school's standard form waiver exempting the school from liability for accidents occurring during hockey practises and games. The doctors noticed that the blade on the stick had an unusually sharp edge and they were of the opinion that this sharpness had aggravated Jason's injury. The stick had been manufactured by Bower Equipment Ltd. and sold by Sports Distributers Inc. to Bill Smart.

Who are the potential defendants in a claim by Jason King for damages as a result of his injury and what is the legal cause of action against each defendant? What potenitial defences does each defendant have? What is the effect of the waiver signed by Jason?