Reference no: EM133340188
Business Law & Ethics
Case - Review case studies from the text and then provide their perspective on these cases based on the learnings.
Case #1:Doiron v. Devon Capital Corp. [2002] 10 W.W.R. 439, 2002 AB Q.B. 664 (Alta. Q.B.)
The plaintiffs wanted some short-term investments and turned to Mr. Demmers, who had looked after their pension fund and insurance matters as a representative of Manulife. He persuaded them to invest in Devon, calling the corporation "a no-risk investment." This proved to be bad advice and the plaintiffs lost all of their funds. They unsuccessfully sought compensation from Demmers, who had become bankrupt. In this action the plaintiffs sought compensation from Manulife. It was clear that the plaintiffs thought Demmers was an employee of Manulife and that the Devon investment was one of their products, which it was not.
Plaintiff's Argument:
Defense's Argument:
Risk Mitigation (Defense):
Case #2:Krasniuk v. Gabbs, 2002 MBQB 14 (CanLII), [2002] 3 W.W.R. 364 (2002), 161 Man. R. (2d) 274
The plaintiffs contracted with Donna Gabbs, a real estate agent, to sell their home. They made it clear to Ms. Gabbs that they needed $137 000 from the sale to pay off their debts. The house was listed for $149 900, but it didn't sell. The price was reduced to $144 450 and then to $139 500, and eventually sold for $130 000. The problem was that Mr. and Mrs. Balgobin, the ultimate purchasers, were seriously interested in the house. They had verbally offered $135 00 and then $137 000 for the house and Gabbs had failed to inform the Krasniuks of these offers.
Plaintiff's Argument:
Defense's Argument:
Risk Mitigation (Defense):
Case #3:Wilmot v. Ulnooweg Development Group Inc. 2007 NSCA 49 (CanLII) (2007), 283 D.L.R. (4th) 237
The plaintiff had been employed by Ulnooweg Development group for 12 years when that employment was terminated because of numerous absences caused by illness. Before that time she had a history as an excellent employee, conscientious and diligent, who had never been disciplined for misconduct of any kind. Her sickness took the form of depression and panic attacks. There is no question about Ms. Wilmot's condition, but her absences made a negative impact on the company and on the other people working with her. Finally, the company told her that she could only come back if she was prepared to work on a full-time basis. She could not do this and her employment was terminated. She sued for wrongful dismissal.
Plaintiff's Argument:
Defense's Argument:
Risk Mitigation (Defense):
Case #4:IT/NET Inc. v. Cameron, 2003 CanLII 10653 (ON S.C.)
IT/NET Inc. did consulting work for various government departments. The practice was for such government departments to publish a request for proposals (RFP) and the consultant company would respond by finding someone to fulfill the position and submit a proposal, including that person's résumé. In this case Leonard Cameron was contracted by IT/NET Inc. to fulfill such a service contract with the Department of National Defence (DND). The position was that of a UNIX system administrator and it was extended because of DND needs. The DND wanted to extend it again, but because of a dispute as to how long his contract with IT/NET would run, Cameron informed the DND that he would not extend it beyond May 31. He left at that time. The DND again posted the position to start on June 1. In the meantime, Cameron contacted FPC, a competitor of IT/NET, allowing it to use his résumé when applying for the contract. FPC was successful, and he resumed his position with the DND, only now working for FPC instead of IT/NET. However, his contract with IT/NET contained a non-solicitation and a non-competition restrictive covenant. This action was brought to determine whether these provisions were binding. Note that there was a time limit but no geographical limitation stated.
Plaintiff's Argument:
Defense's Argument:
Risk Mitigation (Defense):