LSO Paralegal Exam Questions With 100% Correct!!

What should you look at to determine if someone is an Employee or an Independent Contractor - Answer-1- The employers level of control over the workers activities 2- whether the worker provides his or her own equipment 3- Whether the worker hires their own helpers 4- The workers degree of responsibility for investment and management 5- The workers degree of financial risk 6- The workers opportunity for profit When will evidence be considered to be more Prejudicial than Probative - Answer-- it leads to irrational conclusions - misleads, confuses or detracts the trial judge from the main issues - Surprises the other party unfairly - Impairs a fair trial Defenses to the tort of negligence - Answer--Contributory Negligence - Voluntary Assumption of Risk -Participation in illegal or immoral conduct What is strict liability? - Answer-Defendant is Prima Facie Liable non-natural use of land or air space What is Vicarious Liability? - Answer-Employer is held responsible for employee when employee committed tort in the course of employment responsibilities What are the defenses to strict and Vicarious Liability - Answer-Consent of the Plaintiff Default of the Plaintiff Act of Nature/God Act of a third person What are the defenses to Intentional Interference with the Person - Answer-Complete Defences are - Consent, self defence, defence of others and defence of proeprty Partial defences are - provocation and contributory negligence Defences to trespass to land or airspace - Answer-ConsentNecessity Legal Authority Whata re teh essential elements of a contract - Answer-Offer, mutual consideration and communicated acceptance What are an Employers Obligations Under Commons Law - Answer--Duty to provide work and pay for the work done - Duty to provide a safe work environment - Duty to provide a notice of terminantion What employer obligations are set out in the ESA - Answer--payment of wages - hour of work and eating periods - over time pay - minimum wage - public holidays - vacation with pay - equal pay for equal work - Leaves of absese - termination and severance Who does the ESA not apply to? - Answer-Employers and Employees who fall under federal jurisdictions such as those in banking, interprovincial trucking and television sectors What are the three types of parties under disability - Answer-- Minors, unless the motion is for less than 500 - Persons who are mentally incapable in respect of an issue in the action, whether the person or party has a guardian - An absentee, person who has a regular residence in Ontario who has disappeared, whos whereabouts are unknown and as to whom there is no knowledge as to whether they are alive or dead What are the types of damages - Answer--General/Non Pecuniary -Nominal -Compensatory/Actual -Special/Pecuniary - Aggravated damages - Punitive- Liquidated What are General/Non Pecuniary Damages - Answer-Non Monetary ex: pain and suffering What are Nominal Damages - Answer-Awarded by the court to redress violation of of legal right the law deems necessary to protect What are Compensatory/Actual Damages - Answer-The actual loss substained What are Aggravated Damages - Answer-payment for aggravation of injury by defendants behaviour What are punitive damages? - Answer-Meant to punish the defendant for their action What are liquidated damages - Answer-Agreed upon amount to be paid by the parties if breach of contract What is Negligent Misrepresentation? - Answer-- Representation was untrue, inaccurate or misleading - Misrepresentation was made Negligently -The party that received the representation reasonably relied on it - the reliance was detrimental, in the damages resulted