Facts
Since January 1st 1999, it had been illegal to import products into Canada containing dichlorodifluoromethane, a chlorofluorocarbon (CFC) also described as CFC 12 or R12. In the year 1999, over 4000 of Canadian Tire’s imported fridges contained CFC. However, any fridges imported before January 1st 1999 containing CFC could still be sold until the existing supply was depleted. By April of 2000, inspectors across the country, together with the investigation Branch of Environment Canada became aware that Canadian Tire’s fridges which were retailed to the public had CFC labels. The government had then been concerned with whether or not these fridges were from before or after January 1st, 1999. On May 2nd 2000, Canadian Tire’s director of
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Moreover, the Canadian Tire had “ample expertise” to ensure the compliance of all the policies and requirements. As indicated by the court, Canadian Tire was supposed to be familiar with the properties of goods and services that the company is importing for sale to the public in Canada. However, the court arrived at a conclusion that the company was “not aware” of the fact that they were importing and selling fridges that contained CFC compressors after January 1, 1999. Furthermore, the judge added that there was no sufficient training provided to the employees regarding the federal environmental legislation that could ensure the import and distribution of only CFC free fridges in Canada. Although, the court did acknowledge the fact that Canadian Tire did not have any previous history of environmental legislation infraction. The Haier bar fridges imported by the company contained a total of 158 kilograms of CFCs, which had the potential to cause tremendous harm to the environment; however, the court decided to impose a penalty on what actually happened rather than what could have happened (well-known principle). The judge dismissed the possibility that Canadian Tire had purposely defied the law. The court recognized that the Canadian Tire made minor efforts to adhere to the Canadian environmental laws. …show more content…
It was determined that the defendant had “had ample expertise" available to it to ensure it complied with the law”, and did not do everything in their power to ensure that the fridges they were importing were in fact, CFC free, as promised by the supplier. When dealing with foreign supplies, companies must exercise due diligence to ensure that these companies are being truthful in their reports, and are providing products that are compliant with the regulations of the country they are being provided for, through random checks, testing, and auditing of imported
Belanger v. Swift Transportation, Inc. is a case concerned with the qualified privilege of employers. In this case Belanger, a former employee of Swift Transportation, sued the company for libel in regard to posting the reason for his termination on a government data website accessible to other potential employers. Swift has a policy of automatic termination if a driver is in an accident, unless it can be proved that it was unpreventable. When Belanger rear ended another vehicle while driving for Swift the company determined the accident was preventable, while Belanger maintained it was not. Upon his termination Swift posted on a database website for promoting highway safety that he was fired because he “did not meet the company’s safety standards,”
UST Inc. is a dominant player in the smokeless tobacco industry. We have been tasked with weighing the cost and benefits of having leverage in their capital structure and to advise the CEO whether or not to go ahead with the recapitalization. After solving for UST’s credit ratings and value given three different stock buyback scenarios, $700 million, $1 billion, and $1.5 billion, we would suggest that UST move forward with the recap at $1 billion.
In the case of Canada v. Bedford, three sex workers in Ontario Canada, Jean Bedford, Amy Lebovitch and Valerie Scott, challenged the Charter as they stated that the following sections in the Criminal Code violate the rights promised and protected under the Canadian Charter of Rights and Freedoms; CC s 210, CC s. 212(1) (j), and CC s. 213(1) (c). These sections “make it an offence to keep or be in a bawdy-house, prohibit living on the avails of prostition, and prohibits communicating in public for the purposes of prostitution,” (Canada v. Bedford, 2013, 6-3). The women claimed that these restrictions did not, in fact, prevent but implement more danger for anyone in the field of work. The women claimed that these restrictions went against their rights protected under s. 2(b) of the Charter as it disabled them from their right to freedom of expression (Canada v. Bedford, 2013, 6). As the provisions were set to prevent “public nuuisance” and “exploitation of prositutes,” they in fact go against the rights in s. 7 of the Charter. Thus, being under declaration of invalidity. This in fact brings upon question on whether it is the right decision to allow prostitution without any regulation in order to impose that the the Charter is not being violated, or whether to suspend the declaration until a proper method has been developed (while infringing the rights of those in the field of work). Ultimately, all of the laws were struck down by the decision of the Supreme Court of Canada.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal obligations when performing their occupation or supplying a product. Negligence in the design or construction of a product that results in damage or bodily harm, or could result in damage or bodily harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and contractors need to be respectful of their duty of care to ensure their product is precisely produced with no danger of negligence.
The main issue with regards to the applicability of S1322(4)(a) to the appointment of Helen was the meaning of the word contravention.
78 U.S. 675 106 S. Ct. 3159; 92 L. Ed. 2d 549; 1986 U.S. LEXIS 139; 54 U.S.L.W. 5054
The extraordinary court decision in Carter v Canada discusses the monumental decision of the B.C court of appeal and Canada that one’s right to receive aid by a willing able-bodied physician inn dying should be legalized. The litigants in the Carter case are Hollis Johnson and Lee Carter. Hollis and Lee Carter brought their family member Kay Carter to Switzerland where it is legal to have a physician assist in ones death. The issue facing them is that, they are concerned about prosecution when they return to Canada for this. The justice who looked after the matter was the Honorable Madame Justice Smith in which she had a major hurdle to overcome. This was the decision of the Supreme Court of Canada in R. vs. Rodriguez
The great depression had a dramatic effect on American but more so on African Americans, Southern sharecroppers /tenant farmers were reduced to starvation or homelessness. Even those in the North who were more prosperous lost their jobs and found themselves competing with desperate White people who were affected by the times. They were even subjected to intimidation and terror. The black women who provided domestic work were affected by the Great depression more so than the black men because the individuals that they worked for could no longer afford their services and when they did work it was for extremely low wages.
CarMax faces challenges from several fronts that could threaten to disrupt their growth plans and their position as a disruptor in the used car market. The biggest challenge they face is being able to continuously secure a study supply of high quality used cars, due to the extremely competitive nature of the used car market. CarMax offers cutting edge technology to help the company identify buying trends, pricing trends, and consumer preferences down to the zip code that gave them a large competitive advantage, as “data mining” has matured and competitors have developed their own software tools, eroding the competitive advantage to CarMax.
In the early years of my life I became very class conscious, in that I was aware of my position in society, through observing materialistic markers amongst my peers (Brym and Lie 2012). My class consciousness led to my belief of being self-sufficient in social structures like wealth and education. In order to attain wealth, I asked my brother to help me get a job at Canadian Tire because he worked there. The experience of getting the job, from the interview three years ago up until now, have allowed me to analyze life from a functionalist’s perspective.
Human Resource Director, Ashley Wall, with 10 years of experience at Treadway Tire Company, has decided to conduct a thorough analysis of the line foremen job dissatisfaction problem within a short frame of time and devise a plan of action to correct it. Using an action research approach to understand the problem from different viewpoints, Ashley is determined to solve the problem as soon as possible by uncovering key issues at the plant using formal and informal documentation. According to Patton (2002), “to have an understanding of the nature of the problem by those involved will allow human beings to more effectively control their environment” (p. 217). This is to say that as a participant in the problem being studied, personal insights and experiences can be interjected with a sense of urgency to get any problem under control. As it relates to the Treadway Tire Plant, this essay will discuss: (1) Any key issues with shortcomings; (2) Recommendations for a possible solution; and (3) Data sources and collection to better understand the nature of the job dissatisfaction problem.
...(i.e. Costco/ BJ’s), hotels and restaurants, convenience stores, schools, hospitals and a variety of other institutions. Since they have one of the biggest fleets of refrigerated vehicles, a large part of their greenhouse gas reduction goal pertains to transportation. In 2008, s goal was set to reduce the entire fleet’s CO2 emissions by 50,000 metric tons come 2013. This goal was actually surpassed by the end of 2010 and revised in 2012 to reduce the distribution fleet’s emissions 95,000 metric tons by 2020. In 2007, Dean Foods began working with cold-plate refrigeration technology that replaced traditional mechanical refrigeration systems. This upgraded technology is responsible for reducing greenhouse gas emissions by about 18,000 pounds per truck a year. By the end of 2011, more than 50% of their truck fleet operated with the new cold plate refrigeration systems.
In 1986, a waste treaty between Canada and the U.S. was signed by American lawmakers concerning the Transboundary Movement of Hazardous Waste. Under the terms of this treaty, the EPA is to receive notification of these shipments, and then would have 30 days to consent or object to the shipment. Since 1986 Canada has shipped its garbage to Michigan to be dumped into landfills and the provisions of this treaty have never been enforced. But now is the time for them to be enforced and stop the importing of Canada's garbage.
On June 1st 2009, General Motors entered bankruptcy protection and has been fighting there way back ever since. In November of 2010, they sold a portion of their stock holdings and bought them all back by the end of 2012 allowing the company greater financial flexibility (General Motors, 2016).