QUESTION 5 (9 Marks)

PART A

1. How would a Canadian court determine whether an Uber driver is an employee or an independent contractor? (2 marks)

PART B

Atlas Manufacturing Ltd, has a new policy that prevents workers over the age of 50 from working in the factory. The reason is that according to research, hand-eye reflexes decrease after the age of 50. The factory requires work on an assembly line and Atlas believes workers could be injured if they cannot keep up to speed.There has only been one reported accident in the past 5 years and it involved a 25-year old, who was new to the job.

James has worked at the factory for 15 years on the assembly line and is 55 years old. After the policy is put into place, James is told he can no longer work on the assembly line. James feels he is being unfairly treated and seeks some legal advice. Atlas also obtains some legal advice.

REQUIRED:

i. Your choice to argue from either the perspective of James or Atlas. Please pick a side and provide either the basis of James' lawsuit or how Atlas will defend itself against the lawsuit.

(2 marks)

PART C

Sam is 40 years old and has worked at Clean Energy Inc. in Calgary for 20 years. He is a senior manager. His company wants to transfer him to Florida. He will be paid the same amount, but will not manage as many employees. Sam does not want to move his family to the U.S. due to safety concerns. Sam is told that if does not accept then he will be transferred to the Toronto office and work as a junior manager. When Sam refuses both transfers, his boss throws a fit and embarrasses Sam in the middle of the reception area. Sam sues for wrongful dismissal.

REQUIRED:

i. If Sam is entitled to reasonable notice, what are two common law factors and one additional fact the court will consider in determining how much Sam will receive? (3 marks)

ii. The company completes an investigation and finds out Sam was stealing from the company, what will they claim and how much notice would Sam be entitled to? (1 mark)

After Sam leaves Clean Energy Inc., he decides to take a two month break. During this time he does not look for a new job. When he starts looking, it takes Sam three months to find a job.

iii. What is the argument Clean Energy Inc. can make and what will be the result? (1 mark)

QUESTION 6 (6 Marks)

REQUIRED:

PART A

Please state whether the following are forms of real property, intangible personal property, or tangible personal property. (2 marks total - 1 mark each)

i. Oil and gas under the ground

ii. A bitcoin

PART B

i. If I allow you to use my sportscar for a week and ask you to pick up and deliver groceries to me; what are two factors a court would consider to determine your duty of care? (2 marks)

PART C

Diana and Glen are married and own a house in joint tenancy. Diana decides that she is not sure she wants all of her contributions to the house to go to Glen, so she makes a will and leaves her interest in the house to her niece. Diana dies and Diana's niece learns about the gift in Diana's will. She comes to the house and tells Glen she is ready to move in, but Glen says that the house belongs to him.

i. Who does the house belong to and why? (2 marks)