Assignment on Creating a Research Proposal


Week 8 –Signature Assignment: Create a Research Proposal

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  1. Basile v. Attorney General of Nova Scotia, [1984] N.S.J. No. 337 N.S.S.C. (App.

Div.) Under the Direct Sellers’ Licensing and Regulation Act,96 anyone involved in the activity of direct selling (door-to-door sales) in Nova Scotia had to be a resident of that province. Mr. Basile, a bookseller and a resident of Québec, applied for a licence to sell in Nova Scotia and was refused because he was not a permanent resident. Were he to challenge this decision, what would be his argument? Is this an infringement of the mobility rights? Does this activity fall into one of the exceptions set out in either section 6(3)(a) (laws of general application) or the reasonable limitation clause in section 1 of the Charter? If successful with his Charter challenge, what remedies might Mr. Basile be awarded? 


Mr. Basile may claim that the provision of Regulation 7 is non-substantive because Section 6(2) of the Charter of Rights and Freedom of Canada. Although Nova Scotia Supreme Court dismissed Mr. Basile’ application, Trial Division insists that Regulation 7 contradicts Section 6(2) of the Canadian Charter of Rights and Freedom by denying a client the right to work within the province despite the support of section 1 and Section 6(3)(a). Moreover, Basile denies the claim that a ban is essential to prevent fraudulent transactions. The Court argues that despite the connection between Regulation 7 and Section 6(2), the Court uses Section 1 of the Charter to limit the individual rights of Section 6(3)(a) of Section 6(2).

In this case, the client made an application request for a license to become a salesperson in Nova Scotia. Unfortunately, the citizen license provision to citizens of the province of Nova Scotia clause averted it. The Court of Appeal termed the legislation as a violation of Section (a) 6(2). Besides, the Court ruled out the claims that the client’s permanent residency does not abide by Section 1 of the Charter. The Court dismissed the fraudulent transaction claim. The clause seemed to eject the client from the province. Therefore, because the Court realized that the license denial was solely based on the province of residence, the clause violated Mr. Basile’s right to mobility.

  1. Taisa is a massage therapist who runs a successful business from her home. One

of her long-time clients, Greg, owes her a considerable sum of money relating to unpaid massage therapy sessions. Greg is reluctant to pay because he is unhappy with the services he has received. If her primary concern is to preserve her relationship with Greg, what course of action Taisa should consider? Why do you think that the suggested course of action is best in her situation?

Retaining the relationship will require an alternative dispute resolution mode. The conflicting parties need to establish the cause of the conflict and their relationship when choosing the alternative way to resolve the dispute. The above case seems more of an individual conflict. Thus, evaluating the conflict is essential for resolving the case out of Court. Furthermore, the alternative way becomes successful with the help of a mediator who will regulate the process. Besides, settling the dispute out of Court is economical compared to the legal conflict resolution process. ADR allows the parties to openly voice their grievances and concerns without fear of another in a personal conflict situation.

  1. Berman made a documentary on the life of musician Artie Shaw. Shaw’s

representative was cooperative and gave her permission to use certain songs if she received proper permission from the copyright holders. The cost of the film was funded by her own savings, a private investor, the Canada Council, the Ontario Arts Council, and deferred salaries and material costs. In March of 1987, the film won an Academy Award as the best feature documentary for 1986. In November of 1987, Shaw’s lawyer contacted Berman’s lawyer: “… This letter states that Artie Shaw has a 35% profit participation in the motion picture… .” If this case ends up in Court what will be the most likely decision of the judge?

When requesting permission to use Shaw’s song to prepare her documentary, there was no profit percentage or payment negotiation that Berman agreed with Shaw’s representative. Secondly, Shaw’s representative was cooperative and permissive to allow Berman to proceed with the documentary. Correspondingly, Berman received permission from Copyright holders. Lastly, the entire project was funded by Berman and Ontario Art Council. Barman’s production does not violate any law.

Suppose the case ends up in Court; the judge is likely to rule in favor of  Berman. No discussion or paper agreement states that Barman will pay a specific profit percentage to Shaw. Shaw’s lawyer only features after the film becomes the Best Feature. Thus, since there was no discussion on profit division, Berman is not liable to pay her profit to Shaw

  1. Joe, a university student, parked his car near Harry’s garage and went away to

attend classes. Harry had noticed that there was glass on the street when he came to work that morning and was not surprised when he saw that several of the students’ cars parked in that location subsequently had flat tires. He went around when he had time during the day, to each of those cars, fixed the tires and put a bill on each vehicle charging $15 for the service. Joe had come back during the day and noticed his flat tire, and when he came back that evening was grateful that it had been fixed. He went over to the garage to thank Harry and told him that he would be happy to pay the $15, but he couldn’t do it until next week. In fact, he failed to pay the money, and Harry sued him for breach of contract. Explain the likely outcome

First, there was no contract between Joel and Harry. A breach of contract only exists when there is a contract between parties. Therefore, Joel did not breach the contract because there was no contract offered neither did he accept it. Joel is likely to win this case because he is free from the crime.

  1. Hank rented a new ground-floor condominium for four months before the owner

offered to sell it to him. Hank accepted the offer. After Hank became the owner, he built a small patio off the living room. At a house-warming party, one of his friends caught the heel of her shoe between some patio bricks and fell, breaking her arm. It took an abnormally long time to heal because she suffered from an unusual bone disease. What was Hank’s liability in this case? Can his friend sue him?

Hank is not liable for the damage. The components of premises obligation may include: a predictable injury that requires the proprietor to take caution, the proprietor’s obligation to care for the offended, failure to make vital stride despite knowing the hazard, and the offended party’s wounds were brought by the falls. Considering the above components, the proprietor had not foreseen the possibility of a heel getting stuck between bunches of porch block. Although the proprietor owes a care obligation to the injured party, the injury was unpredictable.


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