Instructions:
1. There are two questions. Read the fact situation described below and answer the
question pertaining to each.
2. The questions are each worth 5 marks
3. Work by yourself. Do not discuss this assignment with others before submitting
it.
4. You can use course materials (textbook, notes) and the internet. Note: this is not a
research paper. You should be able to answer these questions solely on the basis of
the course materials posted and in the course book.
5. Your answer must be no longer than 600 words inclusive of everything.
Please provide a word count on your answer.
6. Assume the relevant law is Ontario.
7. Your answer will be assessed on the following criteria:
Accurate statement of law.
Clarity and structure of legal analysis (the steps in your analysis should be
clear and well organized).
Good application of the facts as set out. All assumptions made are identified.
Reference to pertinent course materials.
Grammatical sentences in clear and well-organized paragraphs for a well-
structured and concise answer.
Marks will be deducted for inaccurate and irrelevant material.
Note: If you have read the materials, attended class and practiced the exercises in
class, this assignment should take no more than 2 hours with careful proof reading
and editing.
Question 1: Janine – 5 marks.
As part of a government program, Janine, a grade 12 graduate, got a job with a local
garden nursery. She was to help Mr. M., the owner, tend plants and shrubs, place
orders and serve customers. Mr. M’s first review of Janines work showed that she
was performing all her job duties exceedingly well. It was obvious that Janine liked
the work.
1
Over the next three months, Mr. M’s behaviour toward Janine began to change. As
they worked, he would often put his hands on her shoulders and hips or lean over
closer to her. At these times, she would quickly draw away from him. He then began
to make offhand remarks about how he was sick of his wife and that he needed
satisfaction from another woman. Janine did not encourage the comments or
actions, nor did she say anything against them. However, she was becoming
increasingly uncomfortable with the situation and tried to avoid the owner as much
as possible. One day, Mr. M. asked her for a kiss. When she refused, he said I know
what’s wrong with you. You’re scared you’re going to like it. A few days later, Mr. M.
suggested that she come to his apartment to have sex with him. Janine firmly
refused, saying that she was seriously involved with her boyfriend. On several other
occasions, the owner tried to get Janine to come to his apartment.
In June, Mr. M. terminated Janines employment, saying he had no work for her, even
though June is the busiest month of the year for the nursery.
Janine wants to know if there is anything that she can do about her termination. She
believes her human rights have been violated. Advise Janine giving reasons. Refer to
the sections of the statute and facts you think are important in reaching your
conclusion. Identify any assumption you make. Be careful to set out the steps of your
legal analysis. Consider any possible defenses that may be available to Mr. M.
Question 2: David 5 marks.
After months of searching for a weekend job, David, who is Black, finally got an
interview with the owner of a busy car wash and gas station. The owner seemed
reluctant to hire him, but David managed to win him over. The owner gave him the
job, saying that he would be working on a weekend shift with seven other young
men, all students from the local area. The shift manager would train him on the car
wash equipment.
On Davids first day, the shift manager gave him only a few minutes of instruction on
the equipment. David watched what the other men were doing, but when he asked
questions, they were not very helpful.
Over the next few weekends, David concentrated on his work but because of certain
events, he increasingly began to stay by himself. A few co-workers invited him to
join their little group for lunch or breaks, but others consistently cracked ethnic and
racial jokes, often within hearing of the shift manager. One day David overheard the
manager say that Black people were responsible for increased violence in the
community. This statement encouraged some co-workers, who had previously eaten
lunch with David, to tell a couple of jokes about Black people. When they glanced at
him as they told their jokes, he got up and walked away.
2
One busy Saturday afternoon, a whole section of the car wash equipment broke
down because someone had allowed the system to become overheated. David had
worked on that section until his break when a co-worker took over. The system had
broken down at some point after that.
The shift manager was furious and accused David of negligence. David replied that
he believed the system was fine when he left for his break. Although David insisted
that the equipment failure was not his fault, the shift manager fired him. David
believed he was discriminated against because he is Black, while his co-workers and
managers are White.
David is very upset, and he has come to you for legal advice about bringing a human
rights complaint. Advise David giving reasons. Refer to the sections of the statute
and facts you think are important in reading your conclusion. Be careful to set out
the steps of your legal analysis. Identify any assumption you make. Consider any
possible defenses that may be available to the employer.
