©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM
ENGR 413 MIDTERM STUDY SET
Questions With Correct Answers
Three primary features of the Constitution - answer✔Division of powers, the creation of the
courts, and the Canadian Charter of Rights and Freedoms
What falls under federal jurisdiction? - answer✔national defence, the postal service,
broadcasting, criminal law, and specific fields such as patent law
Patents and shipping disputes
What falls under provincial jurisdiction? - answer✔Most areas of private law, such as property
rights, contracts, negligence law, and construction liens
laws affecting architecture, engineering, and geo science practice fall under provincial
jurisdiction.
Which law prevails, provincial or federal? - answer✔Federal
Competition Act - answer✔Matters such as bid rigging and unfair trade practices are governed
by the Competition Act, which is a federal statute
, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM
Which courts do each province have? - answer✔A trial court and court of appeal
Trial Level Court - answer✔Has the same powers as the Court of Queens Bench
Inherent Jurisdiction
Judges are appointed by the governor general
Inherent Jurisdiction - answer✔a concept based on the common law doctrine that a superior
court has the authority to hear any matter that appears before it; may be overridden by statute or
legislation
What is the ultimate level of appeal? - answer✔Supreme Court
How can you bring an appeal to the Supreme Court? - answer✔Obtain leave from the supreme
court by demonstrating that there is at least one matter of national importance
Provincial Court - answer✔lowest level of Canadian courts
Provincial criminal courts and civil small claims court
Small claims court - answer✔maximum award amount $25,000
no jurisdiction over construction leins
The charter - answer✔Section of the constitution that gives individual rights to all canadians and
some non-citizens
Applies to acts of the government but not between private parties
, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM
Subordinate legislation - answer✔Regulations created by agencies (and any resultant entity)
Common Law - answer✔Laws created by judges based off of British Law principles
Civil Law - answer✔Used by Qubec and Louisiana, based off of the Napoleonic Code of France
All law is statute based
Qubec Law - answer✔Dictated by the Civil Code
Characteristics of Construction Litigation - answer✔Large # of parties involved
Large # of documents produced that are relevant to the case
What should an unpaid subcontractor do in the case of an insolvency dispute? - answer✔File a
lien or assert a claim against a labor and material payment bond
Lien - answer✔a right to keep possession of property belonging to another person until a debt
owed by that person is discharged.
Limitation period - answer✔the period of time within which legal action must be taken
How can parties in a project allocate risk to minimize it for themselves? - answer✔Design
contracts to allocate risks between the parties
Use insurance to shift risk to the insurer
Use bonds to protect parties from risk of non-performance or non-payment
, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM
Include contractual disclaimers to shift risk
Contract - answer✔Voluntary agreements between two or more parties that set out the rights,
responsibilities, and liabilities of the parties to each other.
Tort - answer✔Acts comitted by one party in violation to the rights of another party
Negligence claim - answer✔Asserted by a party who has been injured, either financially or
physically, by the act or omission of another party
You do not need a contractual relationship to file a negligence claim
Right to Title - answer✔The professional regularity authority can regulate the exclusive right for
its members to use a particular title
Protected by the regulatory bodies through discipline and enforcement proceedings
Scope of practice - answer✔no one can practise within the exclusive scope of practice of these
professions without being licensed
Principal functions of professional regulatory bodies - answer✔register members, regulate the
practice of its members, discipline members, and enforce the legislation against non-members
who are practising illegally
Obligations of a professional - answer✔Practice their profession competently and in accordance
to the code of ethics of their regulatory body
12/3/2024 11:27AM
ENGR 413 MIDTERM STUDY SET
Questions With Correct Answers
Three primary features of the Constitution - answer✔Division of powers, the creation of the
courts, and the Canadian Charter of Rights and Freedoms
What falls under federal jurisdiction? - answer✔national defence, the postal service,
broadcasting, criminal law, and specific fields such as patent law
Patents and shipping disputes
What falls under provincial jurisdiction? - answer✔Most areas of private law, such as property
rights, contracts, negligence law, and construction liens
laws affecting architecture, engineering, and geo science practice fall under provincial
jurisdiction.
Which law prevails, provincial or federal? - answer✔Federal
Competition Act - answer✔Matters such as bid rigging and unfair trade practices are governed
by the Competition Act, which is a federal statute
, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM
Which courts do each province have? - answer✔A trial court and court of appeal
Trial Level Court - answer✔Has the same powers as the Court of Queens Bench
Inherent Jurisdiction
Judges are appointed by the governor general
Inherent Jurisdiction - answer✔a concept based on the common law doctrine that a superior
court has the authority to hear any matter that appears before it; may be overridden by statute or
legislation
What is the ultimate level of appeal? - answer✔Supreme Court
How can you bring an appeal to the Supreme Court? - answer✔Obtain leave from the supreme
court by demonstrating that there is at least one matter of national importance
Provincial Court - answer✔lowest level of Canadian courts
Provincial criminal courts and civil small claims court
Small claims court - answer✔maximum award amount $25,000
no jurisdiction over construction leins
The charter - answer✔Section of the constitution that gives individual rights to all canadians and
some non-citizens
Applies to acts of the government but not between private parties
, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM
Subordinate legislation - answer✔Regulations created by agencies (and any resultant entity)
Common Law - answer✔Laws created by judges based off of British Law principles
Civil Law - answer✔Used by Qubec and Louisiana, based off of the Napoleonic Code of France
All law is statute based
Qubec Law - answer✔Dictated by the Civil Code
Characteristics of Construction Litigation - answer✔Large # of parties involved
Large # of documents produced that are relevant to the case
What should an unpaid subcontractor do in the case of an insolvency dispute? - answer✔File a
lien or assert a claim against a labor and material payment bond
Lien - answer✔a right to keep possession of property belonging to another person until a debt
owed by that person is discharged.
Limitation period - answer✔the period of time within which legal action must be taken
How can parties in a project allocate risk to minimize it for themselves? - answer✔Design
contracts to allocate risks between the parties
Use insurance to shift risk to the insurer
Use bonds to protect parties from risk of non-performance or non-payment
, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM
Include contractual disclaimers to shift risk
Contract - answer✔Voluntary agreements between two or more parties that set out the rights,
responsibilities, and liabilities of the parties to each other.
Tort - answer✔Acts comitted by one party in violation to the rights of another party
Negligence claim - answer✔Asserted by a party who has been injured, either financially or
physically, by the act or omission of another party
You do not need a contractual relationship to file a negligence claim
Right to Title - answer✔The professional regularity authority can regulate the exclusive right for
its members to use a particular title
Protected by the regulatory bodies through discipline and enforcement proceedings
Scope of practice - answer✔no one can practise within the exclusive scope of practice of these
professions without being licensed
Principal functions of professional regulatory bodies - answer✔register members, regulate the
practice of its members, discipline members, and enforce the legislation against non-members
who are practising illegally
Obligations of a professional - answer✔Practice their profession competently and in accordance
to the code of ethics of their regulatory body
