EMPL 2302: Employment Law, Quiz 1

To give legal advice in the Province of Ontario a paralegal must be:

A paralegal licensed in the Province of Ontario

A paralegal practising over 10 years in the Province of Ontario

A lawyer practising over 10 years in the Province of Ontario

Working under the supervision of a lawyer.

A lawyer licensed in the Province of Ontario

Jenny has been a paralegal for over 10 years in the Province of Ontario. Rob is Jenny’s best friend. He wants to retain Jenny to represent him in his divorce. May Jenny represent Rob?

No, since paralegals cannot practice Family Law.

No, since paralegals may not represent their friends.

Yes, since Jenny has been practising for over 10 years.

Yes, since Jenny is a paralegal practising in the province of Ontario.

Paralegals are not permitted to represent a person before:

Ministry of Labour

Human Rights Tribunal

Superior Court of Justice

Ontario Court of Justice

The main sources of employment law in Canada are:

Administrative Law, Statute Law, Common Law

Common Law, Labour Law, Statute Law

Constitutional Law, Common Law, Statute Law

Statute Law, Constitutional Law, Employment Law

Statues are created by

Provincial Government or Common Law

Municipal government or Federal government

Federal Government or Common Law

Federal government or Provincial government

Three types of bills are:

Public bills, private bills, private member's bills

Private bills, speaker bills, Cabinet Minister bills

Private members' bills, Speaker bills, Cabinet Minister's bills

Private bills, public bills, Cabinet Minister's bills

Linda is a server at Acme burgers. She owes Lenny $5000. Lenny obtained judgement and decided to garnish Linda’s wages under the Ontario Wages Act. Can Lenny garnish Linda’s tips in addition to her wages?

No, since Linda’s tips are less than 20% of her wages

Yes, since Linda does not earn enough wages to pay off her debt

Yes, since tips are part of her wages.

No, but he can collect 100% of them as a creditor's asset.

No, since tips are not part of her wages

What rights and freedoms are guaranteed by the Canadian Charter of Rights and Freedoms?

Right to take more than two weeks vacation

Freedom of religion, association, and expression

Freedom of choosing one’s hours of work

Right to be paid more than minimum wage

Andrew is doing research for a case he will present in Small Claims Court. He found a case from British Columbia Court of Appeal that has very similar facts to his case in Ontario. Is the British Columbia case binding in Ontario?

No, since it’s not an Ontario court decision

Yes, since it’s a decision of a higher court

No, since it’s distinguishable on its facts

Yes, since it’s a Canadian province.

Ben sued Arnold in Small Claims Court. Ben did not succeed. To which court may Ben appeal the Small Claims Court decision?

Ontario Court of Appeal

Another Small Claims Court for reconsideration

Ontario Court of Justice

Superior Court of Justice

Which cases may administrative tribunals decide?

Wrongful dismissal

Employment standards

Trespass

Intrusion upon selection

Which of the following is not true?

Independent contractors can deduct their expenses for tax purposes.

Independent contractors are covered by only some of the provisions of the Employment Standards Act.

Workers are more likely to be characterized as independent contractors if they own their own tools.

Workers are more likely to be characterized as independent contractors if they work for more than one organization

A decision by a Tribunal is reviewable by which court?

Superior Court of Justice

Ontario Court of Justice

Court of Appeal

Divisional Court

The Canadian Charter of Rights and Freedoms applies:

Only where there is some element of government action or conduct

Whenever someone’s rights to equality have been infringed

To federally regulated employees only

To individuals between the ages of 18 and 64 only

Which of the following is not true of agents?

Agents can bind organisation to a contract with customers or other parties, even without the organization's knowledge

Agents represent a “principal“ in dealing with a third-party

A human resources manager who hires a new employee is an agent

What does a Private Bill cover?

Public importance matters

Employment law matters

Family law matters

Non-public matters

In Statutory interpretation the "golden rule"

Is the plaintiff should do onto the defendant what the defendant did unto them

Allows the courts to consider what the legislature actually intended

Means that only the plain meaning of the words should be considered

Says court must consider the mischief that has been done by the offender

The Employment Standards Act

Sets out minimum rights and standards regarding employment

Sets out the maximum pay for entry level jobs

Sets a limit on the maximum number of vacation weeks for full-time employment

Sets out minimum number of weeks to be eligible for employment insurance

The Workplace Safety and Insurance Act

Is funded entirely by workers' contributions

Pays benefits in addition to the awards a workers obtains by suing in the courts

Compensates workers for workplace diseases but not injuries.

Replaces the workers' right to sue the employer for work-place injury

Every Bill becomes a statute

Upon Royal Assent

When it passes the vote on the third and final reading.

When it is published in the Ontario Gazette

Regarding Employment Relationships, Provincial Governments have authority over

All civil servants - Federal and Provincial in their province

Airlines because they were not thought of in 1867

About half of the employees within the province

About 90% of employees within the province

In dividing up the authority over employment in the Constitution Act 1867

S.91 states that it is within Federal Authority

S. 92 lists the aspects of employment law that are within provincial jurisdiction

Never mentions employment law

Says the courts will have to work it out in individual cases

Which of these institutions are NOT regulated by the Provincial Government?

Lakeridge Health

Durha,m College

GO Transit

Oshawa Harbour Commission

In the 19th Century Courts addressing employment cases were most concerned with:

Determining the intentions of both parties

Protecting workers rights for health and safety

Determining the strict interpretation of the contract

Addressing the imbalance of power in the relationship

Assuring compliance with statutory protections

EMPL 2302: Employment Law, Quiz 1

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