Law Notes
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The Charter:
Set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society
Reasonable limit – has to be as contained as possible
Where the law comes from:
Supreme Court, History, Parliament, Citizen/Society, Religion, Culture, Government
Courts generally and precedent – when courts make decision, done the same way again
Britain colonized Canada
France has different code – Civil Code – similar to Quebec
Constitution – not likely to change
Law/ Legislation – government gets together to make change (ordinary laws)
Precedent/Common Law
Courts interprets constitution and the law, and outcome of the case becomes the basis for future references
Levels of Court
Canadian Supreme Court – has discretion to choose type of case to hear and appeal decisions made in courts below
Court of Appeal
Ontario Superior Court
Higher level the court, the more important precedent is; precedent depends on level of court/previous cases
Why do we have laws?
Why the Law Matters?
Influence people’s behaviours
Create equal opportunity
To succeed in what you want to do
Partnership, Proprietorships, and Trusts
Sole Proprietorship
business where sole owner is responsible for management and debts of the business
entitled to all profit, responsible for all debt, owns all assets
*Registration is important if you want to carry on a business in a name other than your own
Registration not required if business will be in your name
Licensing may be required to carry on business in another name, but even unlicensed one can have sole proprietorship
Partnership
Relationship subsists between persons carrying on a business in common with a view to profit
Excludes debtor/creditor relationship, not for profits,
Not incorporated; just a relationship between two people
Based on real relationship between parties and need not be written
Personal relationship, founded on mutual trust
Includes agency on behalf of other partners
Extends beyond shared interests in real property
Governed specially by Partnership Act
Relationships that Arent
Common ownership or tenancy – shared ownership of real property does not create partnership
Only sharing costs from some enterprise – implies both shared shouldering of costs also share net profit
Presumptions and Exceptions
Share of profits is presumptively evidence of partnership
Payment by instalments (out of profit)
Remuneration by profit-share
Payments to family/inheritors by annuity
Loan payments or investment
Sale of goodwill (passing on the business)
Found on mutual trust
co-ownership of land not seen as partnership
Independent Nature
Own property and assets
contributed capital and actively participated in management
Not owned by individual partners, in whole/in part
Any changes require consent of all partners
Partners can leave and join – subject to rules
Must be agreed upon by all partners to join
Claim on assets
1st claim creditors of partnership
2nd claim creditors of individual partners
Remainder belongs to partners
Liability
Joint and several liability – liable for debt and contracts, tort liability, suits against partnership
one partners actions/statements create liability for other partners as well
Apparent partners and estoppels – sue them for being a partner & judge stops them from saying they aren’t part of partnership
Default Assumptions
Only method to expel is to dissolve
Unanimous agreement to change terms
Equal shares, no remuneration for work on firm’s behalf
Dissolution
Death or insolvency (by default) – can only dissolve cant dispel partner
If it is specified for a specific project/venture, dissolved right after
Court order – incompetence, abuse of trust, inevitable loss or equitable cause
Funds paid to: creditors, partners paid rateably for what is due for advances, partners paid rateably for capital contribution, divide residue amongst partners in proportion profits are divisible
If a partner does not have