COMM 393 PRACTICE QUESTION
Mike. proprietor of Amazing Mike’s Marketing Services Company. has come to see you. He has been sued in the Small Claims Court of British Columbia by an employee he terminated when he decided to “modernize” his company by extinguishing any employees who were non under age 25. blond. and Christian. He thought making this would better his ain concern image. Grace. the terminated employee. has brought a claim. inquiring for rewards and amendss in the sum of $ 75. 000. conveying her claim under the Charter of Rights and Freedoms. Review with Mike any legal issues he may utilize to support the claim brought by Grace.
Issue 1: ( what is the LEGAL issue the justice will hold to make up one’s mind? )
Law: ( utilize your text edition. instances we have studied in category. legislative acts. and category notes as beginnings of jurisprudence )
Application: ( use the jurisprudence to the facts. Make statements for the complainant AND suspect )
Decision: ( this is the reply to the Issue )
Reappraisal with Mike any legal issues he may utilize to support the claim brought by Grace. 1. Can Decorate convey her action against Mike in Small Claims Court? The jurisprudence is that an action can merely be commence in Small Claims Court in B. C. where there is a civil action and the redress sought is amendss of less than or equal to $ 25. 000. Although Grace has commenced her action in Small Claims for $ 75. 000. Mike would reason that since Grace is actioning for $ 75. 000 she must get down the action against him in the Supreme Court of B. C. and non in Small Claims Court.
Grace will non be able to convey this instance in Small Claims Court. 2. Can Grace establish her claim on the Charter of Rights and Freedoms? Section 15 of the Charter provinces that every person is equal before and under the jurisprudence and has the right to the equal protection and equal benefit of the jurisprudence without favoritism and. in peculiar. without favoritism based on race. national or cultural beginning. colour. faith. sex. age or mental or physical disablement.
Grace will reason that she is being discriminated against under this subdivision. However. the Charter of Rights and Freedoms applies merely to Government and Government action or determination devising. It prevents the authorities from making Torahs or taking action that would be contrary to the rights guaranteed in the Charter. The Charter does non use in interpersonal relationships. In this instance because the action by Grace involves an interpersonal relationship between an employer and an employee. the Charter would non use.
She would hold to establish her statements on the appropriate subdivision ( s ) of the Human Rights Code. It seems that Mike’s defense mechanisms under these two evidences would be successful. He may be able to procrastinate the action brought by Grace but possibly non extinguish it. She will hold to get down her action in B. C. Supreme Court for breach of the Human Rights Code ( non the Charter of Rights and Freedoms )