A small manufacturer of medical masks in Toronto. Melissa was the…

Question Answered step-by-step A small manufacturer of medical masks in Toronto. Melissa was the… A small manufacturer of medical masks in Toronto. Melissa was the chief engineer and in charge of the production line. Josie was the head of sales and supervised a team of sales representatives. Josie’s responsibilities included driving throughout the province marketing the company’s products to medical practitioners and hospitals. Josie was provided with a car to do so by the company. The chief executive officer, Alex, decided to hire more staff because of increasing demands for medical masks.  Hailey’s title was “junior sales consultant” and Hailey received a fixed monthly salary of $3,000. The company provided Hailey with a laptop and a cell phone. Josie gave instructions, such as hours of work and clients to call, to Hailey on a daily basis. In a recent performance review, Josie noted that Hailey’s performance was satisfactory. Hailey’s Agreement with Dixon Inc contained the following provision: “The company may terminate this Agreement at any time and the junior sales consultant hereby revokes the right to any severance under the Employment Standards Act, 2000.”Karim’s title was “Chief Strategy Officer”. Karim’s responsibilities included finding efficiencies and cost-savings in the company A)   One sunny Friday in July, Josie, having completed her sales meetings for the day, decided to visit a potential client. On her way to the potential client’s office, Josie was driving into bright sunlight, and failed to see Mrs. Kim crossing the street, and struck her with the car. Mrs. Kim suffered numerous injuries from the accident. What are the rights and liabilities (if any) of the company and Josie? Assume that insurance does not apply in any way. (3 marks) B)    In August, Hailey was asked to dinner by Alex to discuss her progress towards becoming a senior sales consultant. The dinner took place at a restaurant inside the Royal York Hotel. At the end of the dinner, Alex said that he would like to continue their conversation in a more private setting and told Hailey that he had booked a hotel room. He told her that if the private meeting went well, she was sure to be promoted in September. Hailey declined to follow Henry to his hotel room. Alex then made an offensive comment about Hailey’s cultural background. The next morning Hailey was informed that because of her poor performance she was being terminated immediately. She was also told that the company would tell any prospective future employers that she was terminated for poor performance. Advise Hailey of her rights and damages (if any) that she could potentially seek. (6 marks) C)    In September, Karim noticed that the production line needed to be shut down on a regular basis due to broken parts. After speaking to a number of workers, Karim realized Melissa was drinking beer and playing video games during regular business hours and did not supervise the company’s junior engineers as required. Karim estimated that the company lost $30,000 due to frequent shutdowns of the production line. Did Julie have any legal basis to terminate Elena? (1 mark) Why or why not? (2 marks)    D)   Name one duty of the employer under occupational health and safety legislation (1 mark)  ABC Inc. was incorporated under the Canada Business Corporation Act and its core business was production and sale of electric scooters. Due to the COVID-19 pandemic, the board of directors of ABC Inc. decided to expand its presence on-line. In particular, the board decided to hire a new Chief Information Technology Officer to launch a new website where consumers could place orders for electric scooters using their credit cards. Joon, Kai, Lee, Mandy and Nelly were on the board of directors of ABC Inc. In April 2020, Olivia was hired as the Chief Information Technology Officer. The new website where consumers could place orders for electric scooters using their credit cards was launched at the end of June 2020.In August 2020, ABC Inc was about to launch a new line of electric scooters. The electric scooters would be sold under the brand name “Super Fast Get-Away”. ABC planned to sell its scooters in its store in Toronto and on-line.Unfortunately, in August 2020, ABC Inc’s customer information (e.g., credit card information) was stolen by hackers because ABC Inc’s on-line security measures were inadequate. Olivia did not possess the skills required to address cyber security threats. ABC Inc’s customers threatened to take legal actions against ABC Inc. The launch of “Super Fast Get-Away” scooters had to be delayed. ABC Inc’s shareholders were furious.Joon, Kai, Lee, Mandy and Nelly decided to review ABC Inc’s assets and determine if any asset could be sold in order to pay for the legal costs associated with the cyber security breach. ABC Inc owned a parcel of vacant land. Kai (the treasurer) was tasked to find a buyer of ABC Inc’s parcel of vacant land. Kai contacted Paul who was willing to buy that piece of land for $500,000. A)   The shareholders blamed the board of directors for mismanaging the corporation. Please provide two (2) examples of rights or actions that shareholders can take in order to influence the operations of a corporation. (3 marks) B)    Mandy discovered that Olivia provided fake diplomas and fictious references when Olivia was invited for an interview during the recruitment process. Mandy was worried that shareholders would take legal action against board members because the corporation was injured due to this hiring decision. What defences might be raised by the board of directors? (3 marks)   C)    According to the Corporation’s by-law, major business transactions must be approved by the board of directors in a board meeting. The board operated on a majority rule basis. All the officers were authorized to bind the corporation in contract. However, board members did not have time to convene a board meeting, so Kai just contacted each director informally to ask if they had any objection to selling the vacant land to Paul. Kai drew up a written purchase agreement that he signed on behalf of the corporation in his capacity as treasurer. Paul also signed the document. The directors later decided not to carry through with the sale, and Paul brought a legal action against the corporation for specific performance of the contract. What is the likelihood that Paul’s action would be successful? (1 mark) Please explain why using relevant legal concepts and terms. (3 marks) D)   ABC Inc. decided to consider a merger with DEF Inc. Currently ABC Inc’s electric scooter brand represents 46% of the domestic market, and DEF Inc.’s electric scooter brand represents 48% of the domestic market. Would the Competition Tribunal allow this merger? (1 mark) Why or why not? Define and explain any legal concept you use. (2 marks) Business Management Business Law ADMS 2610 Share QuestionEmailCopy link Comments (0)