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About Revel and This Course

Pearson Education

About This Course

 Listen to the Audio

In order to ensure that Business Law in Canada continues to be a valuable

resource to post-secondary instructors and students, the 12th edition has

undergone a thoughtful revision, incorporating changes based on the

increased importance of the internet, information technology, and

intellectual property. It also incorporates the large amount of feedback

and many thoughtful suggestions provided by users of the 11th edition.

Changes to the 12th Edition
The Truth and Reconciliation Commission of Canada made 94 “calls to
action” in order to redress the legacy of residential schools and advance

the process of Canadian reconciliation. Prime Minister Justin Trudeau has

promised to implement all of the calls to action that relate to the federal

government. Also, Colleges and Institutes Canada (CICan) has developed

the Indigenous Education Protocol for Colleges and Institutes to support

its members’ commitment to improving and better serving Indigenous

education. The influence of Indigenous people in Canada is increasing

through treaties, the Constitution, the Charter of Rights and Freedoms, the

Indian Act, land claims, devolution agreements, and self-government. This

growing influence is being felt in the business world. One example

involves the impact of Indigenous groups on the approval and the

building of pipelines.

In light of these developments, it appears appropriate to incorporate

relevant Indigenous legal issues into Business Law in Canada. Doing so is

consistent with the calls to action, the CICan Protocol, and the growing

impact of Indigenous legal issues on business. Incorporating relevant

Indigenous legal issues adds a new dimension to the textbook. It signals a

moving away from the solely European or colonial view of Canadian law
and the Canadian legal system. Some issues will be framed from an

Indigenous perspective, reflecting many factors, including treaties, the

Constitution, the Charter, legislation and case law. It is hoped that this

change in approach has resulted in culturally sensitive content that will

provide all business law students with insights and knowledge that will

help them to understand the situation in Canada regarding its Indigenous

people. Such insights and knowledge are integral to sophisticated clients

making business decisions in Canada.

All of the legislative and judicial references have been updated

throughout the book. Additional key changes for each chapter are listed
here.
Chapter 1 : Managing Your Legal Affairs
The list of examples of high-profile cases involving individuals entangled
in questionable situations has been updated to include several new recent

examples. A reference to some of the Legal Aid resources available to

Indigenous persons has been added. A new Reducing Risk box has been
added. One of the Case Summaries has been replaced. A new case has

been added to the Cases and Discussion Questions.

Chapter 2 : Introduction to the Legal
System
The most significant change to this chapter is the addition of Indigenous
content. An examination of Indigenous rights, self-government, and self-
determination is undertaken. Case law has also been updated, with the
addition of the following case summaries: Attorney General of Quebec v.
Attorney General of Canada; R. v. Blackmore; Ruth Maria Adria v Attorney

General of Alberta; Frank v. Canada (Attorney General); R. v. Jordan; R. v.

Kapp; Alberta (Aboriginal Affairs and Northern Development) v. Cunningham;
and Canada (Attorney General) v. Hicks.
Chapter 3 : The Resolution of Disputes:
The Courts and Alternatives to Litigation
Mention is made of R. v. Jordan in which the Supreme Court of Canada
ruled that persons charged with a criminal offence have the right to be

tried in a reasonable amount of time. The section entitled “Jurisdiction”

has been significantly revised, in light of the Supreme Court of Canada
decision in Club Resorts Ltd. v. Van Breda and subsequent decisions. The
discussion on the establishment of Indigenous courts has been updated
and enlarged. It now includes a reference to the “Gladue factors” and the

approach that judges must follow in determining the sentence of an

Indigenous offender (now before the Supreme Court). Two of the Case
Summaries have been replaced and one new Case Summary has been
added. Three of the cases in the Cases and Discussion Questions were

deleted, while four new cases have been added.

Chapter 4 : Intentional Torts and Torts
Impacting Business
Revisions to this chapter include a reduction in the number of Learning
Objectives to nine. The new case summaries include an examination of
Dr. X v. Everson regarding false imprisonment, Campbell v. Lauwers
dealing with malicious prosecution, and Hardev Kumar v. Vinod Khurana,

Funk v. Harder, and Olsen v. Facebook Inc. addressing defamation. An

additional six case summaries are likewise new.
Chapter 5 : Negligence, Professional
Liability, and Insurance
This chapter has also been shortened—its Learning Objectives are

reduced by two. New case summaries track developments in negligence

law and the law concerning insurance. They include summaries of the

following cases: Passerin v Webb, Douglas v. Kinger, Young v. Bella, Clements

v. Clements, Deloitte & Touche v. Livent Inc. (Receiver of), and Ledcor
Construction Ltd. v. Northbridge Indemnity Insurance Co.
Chapter 6 : The Elements of a Contract:
Consensus and Consideration
Four of the Case Summaries have been replaced. One of the new Case

Summaries is one of the first judicial interpretations of the need for good

faith contractual performance and the common law duty to act honestly
in the performance of contractual obligations recently created by the

Supreme Court of Canada. Two new Case Summaries have been added,
while six new cases have been added to the Cases and Discussion

Questions.
Chapter 7 : The Elements of a Contract:
Capacity, Legality, and Intention
The discussion on the effect of section 89 of the Indian Act (which
prevents the use of property on a reserve as collateral for loans) has been

enlarged. Five of the Case Summaries have been replaced and one new

Case Summary has been added. Four of the cases in the Cases and
Discussion Questions were deleted, while four new cases have been

added.
Chapter 8 : Factors Affecting the
Contractual Relationship
Two new tables have been added to this chapter. In the new case

summaries, Case Summary 8.2  involves a homeowner misled by

inflated promotional materials. In Case Summary 8.4 , evidence of fraud

precluded the vendor from being able to use a “No Representations”

clause to avoid liability. Case Summary 8.6  examines undue influence

and finds that where undue influence is presumed, the onus of rebutting

that presumption falls on the party seeking to enforce the contract.

Chapter 9 : The End of the Contractual
Relationship
Five new case summaries review the decisions in Blundon v Ashton Pools,

Nicolaou v. Sobhani, Ali v. O-Two Medical Technologies Inc., Kreway v

Kreway, and Summers Transport Ltd. v. Smith (G.M.) Ltd.
Chapter 10 : Agency and Partnership
The material for the topic of agency and for the topic of partnership has
been extensively reorganized. The presentation of the content should

make the chapter more understandable for students and more useful for

instructors. A section (including a Case Summary) on the fiduciary duty

owed to Indigenous peoples has been added. One Case Summary has

been replaced. The Questions for Review, as well as the Cases and
Discussion Questions have been significantly revised.
Chapter 11 : Corporations
Three of the Case Summaries have been replaced. Three of the cases in
the Cases and Discussion Questions were deleted, while four new cases
have been added.
Chapter 12 : Employment
Employment law is an area undergoing constant change. Developments
in occupational health and safety legislation and human rights statutes
addressing harassment in the workplace are explored. Indigenous

employment preference policies are clarified. New cases summarized

include: Peters & Co Limited v. Ward (regarding non-competition clauses);
Ivic v. Lakovic (examining vicarious liability); and a trio of cases looking at

the risks associated with misuse of social media Wasaya Airways LP v. Air
Line Pilots Assn., International (Wyndels Grievance), Alberta Union of
Provincial Employees v. Alberta (R. Grievance), and McIntosh v. Metro
Aluminum Products Ltd. and another. Also, three cases looking at sexual

harassment in the workplace are examined: Robichaud v. Canada (Treasury

Board), Janzen v. Platy Enterprises Ltd., and M.B. v. 2014052 Ontario Ltd.
(Deluxe Windows of Canada).
Chapter 13 : Intellectual Property
Enhancing value and creating strategic business advantages through
intellectual property rights and information technology is a new learning
outcome for this chapter, which covers a rapidly changing area of law. We

have added several new cases to support that goal, including: United
Airlines, Inc. v. Cooperstock in a complaint site battle; Vancouver
Community College v. Vancouver Career College in a fight over confusing a

search engine; the Apple versus Barbato dispute over the European
trademark STEVE JOBS; Bodum USA, Inc. v. Trudeau Corporation over
glassware designs; Google Inc. v. Equustek Solutions Inc. disputing rights to

communication networks for complex industrial machinery; ZeniMax v.

Oculus over VR tech; and R. v. Bostelaar over doxxing. Trademark
categories have been updated to include sound, motion, and colour

marks.
Chapter 14 : Real and Personal Property
and Protection of the Environment
We have updated information on the use of e-data in land titles

registration, and added new cases, including: Black v. Owen on

maintenance fees; The Owners, Strata Plan NW 1245 v. Linden on forced
eviction and sale by a strata; the duty of bailee to drinking and pot

smoking teenage car thieves in J.J. v. C.C.; the conviction of oil dumpers in
Ontario (Environment) v. Aqua-tech Blue et al. Ontario Ministry of the
Environment; an ongoing fuel spill into a river case in Regina v. Her
Majesty the Queen in Right of the Province of British Columbia1; Executive

Flight Centre Fuel Services Ltd. and Danny Lasante; water rights in Pembina
County Water Resource District v. Manitoba; seizing a golf driving range in
Performance Plus Golf Academy v. Hydeaway Golf Club; and environmental
charges over logging in the Haida Gwaii islands in R. v. Gwaii Wood

Products Ltd case.

Chapter 15 : Priority of Creditors
The discussion of bulk sales legislation has been deleted, given the repeal
of the Bulk Sales Act in Ontario. Two of the Case Summaries have been

replaced, and a new Case Summary has been added. Three of the cases in
the Cases and Discussion Questions were deleted, while six new cases
have been added.
Chapter 16 : Sales and Consumer
Protection
Consumer protection legislation has been expanding. The new case
summaries in this chapter exemplify the relief available when defective
products are purchased (Case Summary 16.4 ), refusals by courts to

enforce unfair exemption clauses (Case Summary 16.5 ), courts setting
aside unscrupulous sales (Case Summary 16.9 ), and providing students
with an indication of remedies available and practices to avoid.
1 As represented by the Ministry of Forests, Lands & Natural Resource Operations and The Ministry of Transportation

and Infrastructure.
Content Highlights

 Listen to the Audio

You will find the following text features in the 12th edition:

Learning Objectives provide an overview of the chapter content. By

providing a roadmap at the beginning of each chapter, the objectives help

students to read and understand the material more efficiently and more
effectively.

Key terms are boldfaced where they are defined in the body of the text.

They are also restated with their definitions in the margins or as pop-ups
in Revel.

Case Summaries appear throughout each chapter. They are used to

introduce topics and to provide concrete examples that help students

understand key legal issues. Many of the Case Summaries also include

Discussion Questions, which help promote a more thorough

understanding of the relevant issues, or Small Business Perspectives,

which identify the relevant legal issues facing small business owners.

Cases and Discussion Questions appear at the end of each chapter.

These cases vary in both length and difficulty. They are ideally suited to

classroom discussion, but they can also be assigned to students for

independent study. In Revel, each chapter features one assignable Shared

Writing question from one of the end-of-chapter cases. Chapters 3 , 4 ,

14 , and 15  also feature interactive case studies for students to work

through. (Solutions to all cases are provided in the Instructor’s Resource

Manual.)
Marginal notes summarize adjacent paragraphs and highlight key points.

Reducing Risk boxes are featured throughout the text. Each Reducing

Risk box describes what the sophisticated client would do in the business

situation the box presents.

Provincial content in Revel offers province-specific content detailing

legal differences for most provinces. The addition of this material will

help give students an accurate understanding of how the law applies to

their community.

Diagrams illustrate cases with complex fact patterns.

Summaries in point form promote quick review and reference.

Quizzes in Revel appear at the end of every module and chapter. Each

module concludes with a multiple-choice quiz with three to 10 questions

and each chapter concludes with a multiple-choice quiz of 20 questions.

Finally, we remind all who use this text that it is designed as a tool for

learning business law and not as an authoritative source of legal advice.

When faced with a specific legal problem, the reader is advised to seek
the assistance of a lawyer.

A Note on Indigenous Terminology

We give our thanks to Suzanne Keeptwo, our Indigenous Editor, who
took the time to read the Indigenous content in the book and advised us

regarding our use of language. In order to be relevant, sensitive,

respectful, and current, we have made these essential changes:

• The term First Nation(s) has replaced the term Indian.The term Indian is

only used when it is necessary for legal or historical contexts. In these

cases, we have either italicized the term – Indian Act, Indian Status, Indian
Band – or placed it in quotations when directly citing a document such as

the Royal Proclamation of 1763.

• The term Indigenous has replaced the term Aboriginal. Indigenous

peoples in Canada include First Nation, Inuit, and Métis peoples. The

term aboriginal is only used when directly quoting more recent historical
legal documents or when discussing groups that include Aboriginal in

their title.
Acknowledgments and Dedications

 Listen to the Audio

As has been the case in every new edition of Business Law in Canada,

reviewers have played an important role in correcting, reshaping, and

updating the book, and we would like to acknowledge their invaluable

contributions. In addition to providing encouragement and insight into

what instructors want and need, they provide an important connection to

the people this book is designed to serve.

We thank all those who have patiently gone over the text and made

suggestions for revision, including Mike Bozzo, Mohawk College; Odette

Coccola, Camosun College; Colleen Formisano Kwantlen Polytechnic

University; Weldon Green, New Brunswick Community College; Richard

McLagan, Conestoga College.

We would also like to acknowledge the assistance of Sherry Baxter in

preparing this edition. Sherry, a former business law student who is now
a lawyer, has carried out some of the research required for the last three

editions of Business Law in Canada. Her research, questions, comments,

and insights were again invaluable in the preparation of this edition. In

addition, Sherry worked with us in carrying out the research necessary for

the “indigenization” of the textbook, through the incorporation of

relevant Indigenous legal issues. Sherry has always been interested in

Indigenous matters; this, along with her irrepressible enthusiasm for the

introduction of Indigenous law into this edition, enabled her to spend

many hours on her research and to provide relevant, accurate, and up-to-
date information. Thank you very much, Sherry: your excellent assistance

is sincerely appreciated.

Our thanks also go to Dr. John Roberts, a Métis author and activist, who

provided valuable feedback on the Indigenous content added to this

edition. We appreciate his insight and contribution to the book.

Years ago, Trevor Clarke and I approached Pearson Canada seeking to

collaborate in the publication of a business law textbook. Richard Yates

graciously accepted us as co-authors and we have had the honour of

working together over the past seven editions. Thank you, Richard, for

your generosity, your warmth and your wise guidance.

It is with great pleasure to be working alongside Dean Palmer, who has

joined us in this 12th edition as a co-author. Welcome, Dean!

I wish to express my gratitude to my colleagues at the JR Shaw School of

Business at NAIT for their support and encouragement. Ellen Wilson,

department head of the School of Finance, worked her magic. Craig

Grubisich, Kim Watamaniuk, and Douglas Kennedy all made sacrifices to

enable me to co-author Business Law in Canada, for which I am humbly

grateful. I have thoroughly enjoyed designing and teaching Business Law

courses with this harmonious team, which also includes Anne

Henderson, Angus Ng, Justin Matthews, and Robin Kaulback. Thank you

for your support and your commitment to developing sophisticated

clients.

Finally, I would like to dedicate this 12th edition to my parents, Joseph and

Christine Bereznicki, whose unwavering support always inspires me to

carry on.
—Teresa Bereznicki-Korol, BA, JD

I would again like to acknowledge the unconditional support of my wife,

Peg. Preparing an edition of Business Law in Canada requires total

commitment and countless hours of time. It would not have been

possible for me to do the work required to prepare this edition without

the sacrifices that Peg made, without hesitation. Your continued support

is very humbling, Peg: thank you very much!

I would also like to acknowledge the addition of Dean Palmer as a co-

author of this edition of Business Law in Canada. From what I have seen,
Dean has provided work of a high quality, something that Richard,

Teresa, and I have always tried to maintain. Welcome, Dean!

Finally, I would like to dedicate this edition to my brother, Kevin, whose

strength and resilience after suffering a serious stroke has been inspiring.

—Trevor Clarke, BSc, MBA, LLB

It is an honour to be working alongside Trevor Clarke and Teresa

Bereznicki-Korol, and to be mentored by Richard Yates on Business Law in

Canada. I appreciate their kind welcome to me as a new colleague. I have
had the pleasure of using Business Law in Canada in classes for twenty

years, and am a great fan of the unique style and strong content that
Trevor, Teresa, and Richard have created.

I would also like to thank my teaching mentors Chris Gadsby, Lori

Becker, and Doug McLean, and am grateful for the support of Pierre
Matthee and Richard Miles in the School of Business at BCIT.

Last but not least, thanks to my wife Karen, a litigator, who not only put

up with my time away writing and editing, but also has provided great
support and feedback.

—Dean A. Palmer
The Story of Revel—Why Revel?
WATCH Why Revel?

 Listen to the Audio

Revel is an interactive learning environment designed for the way today’s

students read, think, and learn. Revel uses interactives and assessments

integrated within the narrative that enhance content as well as students’

overall learning experiences.

The story of Revel is simple: When students are engaged in the course

content, they learn more effectively and perform better.

When creating your course, you have many choices as to how to

supplement your lectures and curriculum. So ask yourself these

questions: How do I know if my students are reading their assigned

materials? Do I want my students to have a better understanding of the

concepts presented in this class through course materials and lectures?

Do I want to see my students perform better throughout the course? If

you answered “yes” to these questions, choose Revel.

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