MGT 393/RSM 225 – WINTER 2013 - MIDTERM
TIME: 90 minutes plus 10 minutes for additional reading = 100 minutes. RESPONSES MUST BE WRITTEN IN PEN. NO AIDS ARE ALLOWED FOR THIS TEST. This test paper must be returned along with your written response. Watch your time. INDICATE THE INSTRUCTOR NAME AND CLASS TIME ON THE TEST BOOK COVER. QUESTION ONE (20 marks) (18 minutes)
A client has attended at your law office in Toronto. The client explains that her corporation is being sued by a former employee for wrongful dismissal (that is, for wrongfully having being fired). She is convinced that the employee was incompetent and that the dismissal was justified, but says, “I know from watching the TV legal drama “Law & Order” that I need to prove beyond a reasonable doubt that my employee was incompetent, and that may be difficult.. What do you think?”
She has a vague idea that the law somehow comes from governments and also the courts, but she is not too clear about how that works. She asks you, Bea Calm, to explain these sources of law in some detail and how they interact.
She has also heard that you can ask the trial judge to “award costs” but isn’t sure what that means, so she would like you to explain how legal costs are generally awarded in a lawsuit. An on-line website suggested that people consider going to mediation rather than court. Your client says, “Not sure what mediation is but it sounds cheaper than going to Ottawa and the Supreme Court of Canada for a trial. What do you think?”
REQUIRED: Prepare a written explanation to the questions and other issues raised by your new client. [Note – the question is not about employment law but basic legal concepts] QUESTION TWO (40 marks) (36 minutes)
Thomas Ryder, age 17 was employed part time by MalMart Department Stores Inc. (“MDSI”). Thomas worked three evenings a week as a caretaker, cleaning the store after the store closed at 9 pm. Thomas is a grade 12 student at Dufferin Collegiate Institute (“DCI) in Toronto....
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