Legal Process on BC

Satisfactory Essays
Topics: Law
COMM 393 PRACTICE QUESTION Mike, owner of Amazing Mike’s Marketing Services Company, has come to see you. He has been sued in the Small Claims Court of British Columbia by an employee he terminated when he decided to “modernize” his company by eliminating any employees who were not under age 25, blond, and Christian. He thought doing this would improve his own business image. Grace, the terminated employee, has brought a claim, asking for wages and damages in the amount of $75,000, bringing her claim under the Charter of Rights and Freedoms.
Review with Mike any legal issues he may use to defend the claim brought by Grace.

ISSUE 1: (what is the LEGAL issue the judge will have to decide?)

LAW: (use your textbook, cases we have studied in class, statutes, and class notes as sources of law)

APPLICATION: (apply the law to the facts. Make arguments for the plaintiff AND defendant)

CONCLUSION: (this is the answer to the Issue)

ISSUE 2:

LAW:

APPLICATION:

CONCLUSION:
Review with Mike any legal issues he may use to defend the claim brought by Grace.
1. Can Grace bring her action against Mike in Small Claims Court?
The law is that an action can only be commence in Small Claims Court in B.C. where there is a civil action and the remedy sought is damages of less than or equal to $25,000.
Although Grace has commenced her action in Small Claims for $75,000, Mike would argue that since Grace is suing for $75,000 she must commence the action against him in the Supreme Court of B.C. and not in Small Claims Court.
Grace will not be able to bring this case in Small Claims Court.
2. Can Grace base her claim on the Charter of Rights and Freedoms?
Section 15 of the Charter states that every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age or mental or

You May Also Find These Documents Helpful

  • Better Essays

    Legal Process

    • 912 Words
    • 4 Pages

    Legal Process MGT/434 May 20, 2013 Clint Heiner Legal Process Unfortunately, in society discrimination occurs quite often in the work environment. Discrimination is judging someone based on different characteristics including age, disability, gender, religion, and race. Although discrimination exists, employees do not have to subject themselves to this behavior. Employees receive protection against discrimination under Title VII of the Civil Rights Act of 1964. According to Bennett-Alexander…

    • 912 Words
    • 4 Pages
    Better Essays
  • Better Essays

    legal process

    • 1646 Words
    • 7 Pages

    Dictionary 9th Ed. (S. Bone) ISBN 042175340 An introduction to the British Constitution I.M.M. MacPhail SBN: 7131 12662 The English Legal System 6th Ed. Slapper & Kelly ISBN 1 85941 7558 Cases and Commentary On Tort 4th Ed. Harvey & Marston ISBN 0273 638432 Torts 8th Edition Micheal A Jones ISBN 0199255334 Law of Tort John Cooke 6th Ed. ISBN 0582 473489 English Legal System 2003 –2004 Q & A Slapper & Kelly ISBN 185941 754x http://wolf-nt.wlv.ac.uk/ http://www.uk.westlaw.com…

    • 1646 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Legal Process Outsourcing

    • 544 Words
    • 3 Pages

    LEGAL PROCESS OUTSOURCING Why outsource? The legal industry across the globe is gradually turning towards outsourcing for gaining efficiencies and staying profitable in a highly competitive marketplace. Recognition of the fact that legal companies need to focus on their core competencies and leave back office processes to the hands of competent outsourcers is creating a compelling case for outsourcing out non-core processes. A further rationale for the outsourcing is to facilitate at the same…

    • 544 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Legal Process Paper

    • 1254 Words
    • 6 Pages

    Legal Process Paper University of Phoenix Employment Law MGT/434 Patrice D. Carrington, Esq. March 3, 2009 Legal Process Paper John’s first step in the process is to go online or visit the nearest EEOC office. There they have an assessment system consisting of two parts. To determine if the EEOC is the appropriate agency to give John help, Part one asks general questions about the complaint. John will be asked if he wants to complete Part two after he answers the Part one questions…

    • 1254 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Discrimination and the Legal Process Today’s organizations are faced with many ethical and legal issues when dealing with the diverse work force such as the potential of discrimination when conducting day-to-day activities. The issues of diversity and discrimination affect many organizations behavior when considering how to properly treat the employees without making decisions based on based on race, nationality, creed, color, age, sex or sexual orientation. The influence of laws on decision-making…

    • 1167 Words
    • 5 Pages
    Better Essays
  • Better Essays

    The Legal Process of Discrimination Sylvia Goldstein Employment Law/MGT434 July 30, 2012 Deborah Wilder The Legal Process of Discrimination According to a 2002 Rutgers University study, “forty-six percent of African American workers believe they have been treated unfairly by their employers, compared with 10 percent of whites and 28 percent of African Americans and 22 percent of Hispanics/Latinos have experienced workplace discrimination, compared with 6 percent of whites”…

    • 1087 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Legal Process Paper

    • 792 Words
    • 4 Pages

    of 1991. This paper will discuss the legal process an individual would pursue whom was discriminated against by a private sector organization and wishes to file a complaint. The first task would be to contact the Equal Employment Opportunity Commission (EEOC). After contacting the commission, John will meet with an EEOC Counselor from the agency within 45 days of the discriminatory action. The counselor will provide John with information regarding the process, time frames and appeal procedures.…

    • 792 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Pandukabhaya (437 BC – 367 BC) was King of Upatissa Nuwara and the first monarch of the Anuradhapura Kingdom and 6th over all of the island of Sri Lanka since the arrival of the Vijaya, he reigned from 437 BC to 367 BC. According to many historians and philosophers, he is the first truly Sri Lankan king since the Vijayan invasion, and also the king who ended the conflict between the Sinha clan and local community, reorganizing the populace. His story is one wrapped in myth and legend. There are…

    • 820 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Jeremiah (c. 655 BC - 586 BC) meaning "Yah exalts", also called the "Weeping prophet" was one of the major prophets of the Hebrew Bible. Jeremiah is traditionally credited with authoring the Book of Jeremiah,1 Kings, 2 Kings and the Book of Lamentations, with the assistance and under the editorship of Baruch been Neriah, his scribe and disciple. Judaism considers the Book of Jeremiah part of its canon, and regards Jeremiah as the second of the Major Prophets. Islam considers Jeremiah a prophet, and…

    • 3974 Words
    • 16 Pages
    Better Essays
  • Good Essays

    Bc Model

    • 14603 Words
    • 59 Pages

    Amulya Champatiray, members of the Knowledge Management team, and Lakshmi Krishnan, Programme Head, contributed to the preparation of this report. Table of Contents Executive Summary.....................................................................3 BC Model in India - A Primer..........................................................6 Zero Mass Foundation - A Little World ...........................................9 Indian Grameen Services – Krishna Bhima Samruddhi ................16 FINO Fintech…

    • 14603 Words
    • 59 Pages
    Good Essays