Business Law in Canada, Twelfth Edition
By Richard A. Yates, Teresa Bereznicki Korol, Trevor Clarke, and Dean A. Palmer
Chapter 1 : Managing Your Legal Affairs
The list of examples of high-profile cases involving individuals entangled in questionable situations has been updated to include several new recent examples. A reference to some of the Legal Aid resources available to Indigenous persons has been added. A new Reducing Risk box has been added. One of the Case Summaries has been replaced. A new case has been added to the Cases and Discussion Questions.
Chapter 2 : Introduction to the Legal System
The most significant change to this chapter is the addition of Indigenous content. An examination of Indigenous rights, self-government, and selfdetermination is undertaken. Case law has also been updated, with the addition of the following case summaries: Attorney General of Quebec v. Attorney General of Canada; R. v. Blackmore; Ruth Maria Adria v Attorney General of Alberta; Frank v. Canada (Attorney General); R. v. Jordan; R. v. Kapp; Alberta (Aboriginal Affairs and Northern Development) v. Cunningham; and Canada (Attorney General) v. Hicks.
Chapter 3 : The Resolution of Disputes:
The Courts and Alternatives to Litigation Mention is made of R. v. Jordan in which the Supreme Court of Canada ruled that persons charged with a criminal offence have the right to be tried in a reasonable amount of time. The section entitled “Jurisdiction” has been significantly revised, in light of the Supreme Court of Canada decision in Club Resorts Ltd. v. Van Breda and subsequent decisions. The discussion on the establishment of Indigenous courts has been updated and enlarged. It now includes a reference to the “Gladue factors” and the approach that judges must follow in determining the sentence of an indigenous offender (now before the Supreme Court). Two of the Case Summaries have been replaced and one new Case Summary has been added. Three of the cases in the Cases and Discussion Questions were deleted, while four new cases have been added.
Chapter 4 : Intentional Torts and Torts Impacting Business
Revisions to this chapter include a reduction in the number of Learning Objectives to nine. The new case summaries include an examination of Dr. X v. Everson regarding false imprisonment, Campbell v. Lauwers dealing with malicious prosecution, and Hardev Kumar v. Vinod Khurana, Funk v. Harder, and Olsen v. Facebook Inc. addressing defamation. An additional six case summaries are likewise new.
Chapter 5 : Negligence, Professional Liability, and Insurance
This chapter has also been shortened—its Learning Objectives are reduced by two. New case summaries track developments in negligence law and the law concerning insurance. They include summaries of the following cases: Passerin v Webb, Douglas v. Kinger, Young v. Bella, Clements Clements, Deloitte & Touche v. Livent Inc. (Receiver of), and Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.
Chapter 6 : The Elements of a Contract: Consensus and Consideration
Four of the Case Summaries have been replaced. One of the new Case Summaries is one of the first judicial interpretations of the need for good faith contractual performance and the common law duty to act honestly in the performance of contractual obligations recently created by the Supreme Court of Canada. Two new Case Summaries have been added, while six new cases have been added to the Cases and Discussion Questions.
Chapter 7 : The Elements of a Contract: Capacity, Legality, and Intention
The discussion on the effect of section 89 of the Indian Act (which prevents the use of property on a reserve as collateral for loans) has been enlarged. Five of the Case Summaries have been replaced and one new Case Summary has been added. Four of the cases in the Cases and Discussion Questions were deleted, while four new cases have been added.
Chapter 8 : Factors Affecting the Contractual Relationship
Two new tables have been added to this chapter. In the new case summaries, Case Summary 8.2 involves a homeowner misled by inflated promotional materials. In Case Summary 8.4 , evidence of fraud precluded the vendor from being able to use a “No Representations” clause to avoid liability. Case Summary 8.6 examines undue influence and finds that where undue influence is presumed, the onus of rebutting that presumption falls on the party seeking to enforce the contract.
Chapter 9 : The End of the Contractual Relationship
Five new case summaries review the decisions in Blundon v Ashton Pools, Nicolaou v. Sobhani, Ali v. O-Two Medical Technologies Inc., Kreway v Kreway, and Summers Transport Ltd. v. Smith (G.M.) Ltd.
Chapter 10 : Agency and Partnership
The material for the topic of agency and for the topic of partnership has been extensively reorganized. The presentation of the content should make the chapter more understandable for students and more useful for instructors. A section (including a Case Summary) on the fiduciary duty owed to Indigenous peoples has been added. One Case Summary has been replaced. The Questions for Review, as well as the Cases and Discussion Questions have been significantly revised.
Chapter 11 : Corporations
Three of the Case Summaries have been replaced. Three of the cases in the Cases and Discussion Questions were deleted, while four new cases have been added.
Chapter 12 : Employment
Employment law is an area undergoing constant change. Developments in occupational health and safety legislation and human rights statutes addressing harassment in the workplace are explored. Indigenous employment preference policies are clarified. New cases summarized include: Peters & Co Limited v. Ward (regarding non-competition clauses); Ivic v. Lakovic (examining vicarious liability); and a trio of cases looking at the risks associated with misuse of social media Wasaya Airways LP v. Air Line Pilots Assn., International (Wyndels Grievance), Alberta Union of Provincial Employees v. Alberta (R. Grievance), and McIntosh v. Metro Aluminum Products Ltd. and another. Also, three cases looking at sexual harassment in the workplace are examined: Robichaud v. Canada (Treasury Board), Janzen v. Platy Enterprises Ltd., and M.B. v. 2014052 Ontario Ltd. (Deluxe Windows of Canada).
Chapter 13 : Intellectual Property
Enhancing value and creating strategic business advantages through intellectual property rights and information technology is a new learning outcome for this chapter, which covers a rapidly changing area of law. We have added several new cases to support that goal, including: United Airlines, Inc. v. Cooperstock in a complaint site battle; Vancouver Community College v. Vancouver Career College in a fight over confusing a search engine; the Apple versus Barbato dispute over the European trademark STEVE JOBS; Bodum USA, Inc. v. Trudeau Corporation over glassware designs; Google Inc. v. Equustek Solutions Inc. disputing rights to communication networks for complex industrial machinery; ZeniMax v. Oculus over VR tech; and R. v. Bostelaar over doxxing. Trademark categories have been updated to include sound, motion, and colour marks.
Chapter 14 : Real and Personal Property and Protection of the Environment
We have updated information on the use of e-data in land titles registration, and added new cases, including: Black v. Owen on maintenance fees; The Owners, Strata Plan NW 1245 v. Linden on forced eviction and sale by a strata; the duty of bailee to drinking and pot smoking teenage car thieves in J.J. v. C.C.; the conviction of oil dumpers in Ontario (Environment) v. Aqua-tech Blue et al. Ontario Ministry of the Environment; an ongoing fuel spill into a river case in Regina v. Her Majesty the Queen in Right of the Province of British Columbia ; Executive Flight Centre Fuel Services Ltd. and Danny Lasante; water rights in Pembina County Water Resource District v. Manitoba; seizing a golf driving range in Performance Plus Golf Academy v. Hydeaway Golf Club; and environmental charges over logging in the Haida Gwaii islands in R. v. Gwaii Wood Products Ltd case.
Chapter 15 : Priority of Creditors
The discussion of bulk sales legislation has been deleted, given the repeal of the Bulk Sales Act in Ontario. Two of the Case Summaries have been replaced, and a new Case Summary has been added. Three of the cases in the Cases and Discussion Questions were deleted, while six new cases have been added.
Chapter 16 : Sales and Consumer Protection
Consumer protection legislation has been expanding. The new case summaries in this chapter exemplify the relief available when defective products are purchased (Case Summary 16.4 ), refusals by courts to enforce unfair exemption clauses (Case Summary 16.5 ), courts setting aside unscrupulous sales (Case Summary 16.9 ), and providing students with an indication of remedies available and practices to avoid. 1 As represented by the Ministry of Forests, Lands & Natural Resource Operations and The Ministry of Transportation and Infrastructure.