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Bruce told Ewen that he would be willing to pay a high rate of interest for a two-month loan of $1 000. Ewen agreed to lend him this amount at an annual rate of 25%, repayable June 14. Bruce agreed to these terms. Meanwhile, Bruce had recently completed some plumbing work for Martinson for which he was owed $2 000. If Bruce failed to pay Ewen on June 14, which of the following is true?
Ewen could serve Martinson with a garnishing order after obtaining judgement commanding him to pay the money owed to Bruce into court if the money had not yet been paid to Bruce.
Which of the following statements regarding administrative law is true?
Administrative tribunals include labour relations boards, human rights commissions, and workers' compensation boards.
Mildred and Sam's marriage breaks up, and Mildred wants possession of the house to raise the kids. Which court would deal with this action in your province?
The family court.
Jones operated a local movie theatre in a small town that had fallen on hard times. As a last ditch effort to attract customers, he decided to show pornographic movies. From the week the change was made, the theatre had to turn away customers on a regular basis. The local town council was quite upset, however, especially since a number of them represented a conservative and religious constituency. They decided to take away the licence of the theatre but were quickly informed that they did not have the power to do that. They then decided to increase the licence fee from the regular $50 per year to $15,000 per year. Jones was notified of the fact that this course of action was being considered, and he was given a chance to appear before the council to state his case. He did so, but the council decided to go ahead with the decision in any case. This, of course, would force Jones out of business, and so Jones, after exhausting any local remedies and appeals, took the matter to court. Which of the following accurately indicates the legal position of the parties?
Jones will be successful since this is an attempt by a municipal council to pass criminal law, which is under federal jurisdiction.
Which of the following is true with regard to our court system?
There is no maximum monetary limit on a matter before the superior trial court of the province.
Which of the following statements is true?
ADR methods are less costly than adjudication.
Which of the following is correct with respect to the litigation process?
Even though a judgment is obtained, payment is not assured.
Hank sold three properties for Mr. W and had been paid his commission for the first, but not for the last two. Hank had done everything according to the contract and according to the relevant statutes, but Mr. W wouldn't pay. Hank knows that Mr. W has a bank account with the Bank of Montreal and has money owed to him from a Mr. Gregory. If Hank successfully sued Mr. W., which of the following would be false?
Hank could personally seize the property of Mr. Gregory to satisfy the debt.
Sam operated a restaurant and George, a health inspector, visited the premises. Finding that one of the waiters had AIDS, George ordered the restaurant closed, using a section of the regulations allowing such closures to prevent the spread of contagious diseases. Sam was very unhappy about the loss of business but didn't want to fire his waiter. He looked up the statutes and regulations governing this area and discovered that the statutory definition of contagious disease would not apply to AIDS, even though AIDS had been specifically included in the regulations. Which of the following is incorrect with respect to Sam's legal position?
If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do.
Which of the following is true with respect to recent litigation reforms?
Several provinces have started mandatory case management, which involves judicial supervision of the litigation process.
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