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
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
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
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