Questions 1

William Carmichael had been employed as a full-time instructor at a community college in Ontario for 15 years. An internal study conducted by the college to meet budgetary constraints indicated that instructors could be hired on a part time basis at half the rate paid to full-time instructors. This would result in considerable cost savings to the college and allow it to better support students in other ways. Carmichael, who is 50 years old, was offered an early retirement package by the college. The package offered was not particularly attractive and Carmichael turned it down. The next week Carmichael was given notice terminating his employment.

Did Carmichael's refusal to accept the early retirement package allow the college to terminate his employment with cause? What additional information would you require from Carmichael in order to determine what might be a reasonable settlement of this matter? Please also explain why this information may be helpful.

Questions 2

In an episode of The Simpsons called "One Fish, Two Fish, Blowfish, Blue Fish.", Homer reluctantly agrees to take his family to a sushi restaurant for dinner instead of having another night of pork chops at home. At the restaurant, Homer discovers that he loves sushi and starts ordering everything form a menu. He even decides to try a fugu fish which can be poisonous if not prepared properly. The waiter tries to warn Homer about dangers associated with this fish, but Homer interrupts him and demands the dish.

The master chef had temporarily left the restaurant to have a romantic rendezvous with a lady in the parking lot. As a result, the inexperienced apprentice chef had to prepare the potentially poisonous dish. The apprentice tries to do it carefully, but Homer becomes very impatient, and yells to the kitchen to "hurry up". The apprentice is forced to serve the fish and Homer considers it a treat.

When the master chef returns to the restaurant, he points out that the blow fish was not properly prepared and he tells Home that "we have reason to believe that you have eaten poison". Homer is rushed to the hospital where he waits 2 hours before seeing the doctor. The doctor tells him that if the master chef is correct and Homer has eaten poison, he will have only 24 hours to live - the doctors corrects himself saying that Homer has only 22 hours because he was kept waiting. The doctor gives Homer a pamphlet entitled "So You're Going to Die"

Homer tries to rush through his bucket list over the next 22 hours. Fortunately for Homer and all Simpson fans, Homer does not die or feel any ill effects from the blowfish.

Please identify any potential causes of action that arise in this fact situation?

Who are the defendants and what elements of these causes of action are present? What potential defences may be available to the defendants.