Question 1. Using the web site www.canlii.org Find the following case Ellerforth Investments Limited V. Typhon Group Ltd., 2010 ONCA 275 (CanLII) and answer the questions from the case and the text book.
a. What was the judge’s conclusion? (1 mark)
b. The court referred to section 35 f of the Partnerships Act ,RSO 1990, c.P.5,what were the 2 grounds for dissolving the partnership on the just and equitable grounds ?(2 marks)
c. Explain 2 other grounds there are in the Partnerships Act (not including those under section 35) to dissolve a partnership. ( 2 marks )Do not cut and paste your answers.
d. The judge referred to fiduciary duty, explain in your own words what this means and give 2 examples of how partners can breach their fiduciary duties. ( 3 marks)
e. Explain the conflicting views held by the appellant and the respondent as to the future of the partnership. ( 2 marks)
f. According to the Partnerships Act, explain what would happen to a partnership of 10 partners if one of the partners dies and if there is anything that can be done to avoid those consequences in Ontario.( 2 marks)
Total 12 marks
Question 2 As a hobby, Sabreena has been making homemade cupcakes for her friends and family for some time. Recently she has been asked if she would supply her cupcakes to farmers markets. She has been told by a friend to consider forming a business before she does this. Sabreena is seriously considering forming a sole proprietorship as she believes she could make a reasonable amount of money from this. She does however have a number of questions. 3 Advise Sabreena on the followinga. Explain to her, the type and extent of the liability she could face if the business fails. (2 marks)
b. Besides the liability aspect, explain (not just name) 2 advantages and 2 disadvantages of forming a sole proprietorship. (4 marks) c. If after a few years Sabreena’s business thrives and she wishes to form a Limited Partnership, what advice would you give her mother if she wants to invest in her daughter’s business but avoid liability and why.(2 marks ) Total 8 marks Question 3 a. Under both the common law and statute law, both the employer and the employee are under certain duties. From the following scenarios, identify AND explain who has breached what duty. i. Ahmed has started his new job at a language school. On his Resume he stated he was fluent in French, German and Italian. His first class of teaching French went well but he is dreading the afternoon class, which is a very high level of Italian. The truth is he only took Italian to Grade 10 and is by no means fluent. (2 marks) ii. Sonja is a secretary in a large architect firm. The firm has now acquired the very latest computer system. It is very different to what Sonja is used to. She has been given a very urgent task to do that requires her to use this new equipment .She is unsure about certain aspects of the equipment but her boss had told her to just get on with the task in hand.( 2 marks) 4 iii. Manjeet is a nurse and as such has to work shifts. He is not a morning person and finds it very hard to get to the hospital on time for his early shifts. As a result he is frequently 20 minutes late and this is causing problems.( 2 marks) b.There is a statutory duty on employers to provide a safe workplace. Explain, giving 2 reasons, why it is in the employers interests to set and enforce health and safety standards in the workplace. (2 marks) c.There are many statutes regarding employment law. Using the website www.canlii.org Find the Occupational Health and Safety Act, RSO 1990, c 0.1 and under section 32.0.1 what are the 2 types of policies that an employer has to prepare. (2 marks)Do not cut and paste your answers. Total 10 marks