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Define Civil Law
- - anything not defined as criminal law is generally referred to as a “civil” matter (i.e. family law, personal injury, negligence, breach of contract, etc.)
- – Governed by the common law “system” outside Québec and the civil law “system” within Québec
- – Includes Administrative boards and tribunals
Governed by the state and common law - even in Quebec
Implications of "profession"....
- - License to practice
- - specialized knowledge by training and experience
- - code of ethics
- - obligation to the public
- - compensation for work
What is a "tort?"
- “A tort is a civil wrong, other than a breach of contract, which the law will redress by an award of damages” (as defined in Fleming, The Law of Torts, 8th ed. (1992), p.1)
- Tort law is primarily concerned with apportioning loss and determining when it is appropriate to shift the loss suffered by one person (the “plaintiff”) to the person allegedly responsible for the loss (the “defendant”)
Name two broad categories of torts.
- - Intentional Torts
- - Negligence
Give examples of intentional torts.
- - assaults
- - battery
- - nuisance
- - libel and slander
- - malicious prosecution
- - intentional infliction of mental suffering
- - false imprisonment
Name the defences for intentional torts.
- - consent
- - self-defence
- - defence of third persons
- - defence of property
- - necessity
- - legal authority
- - contributory fault and apportionment
Give examples of negligence.
- - product liability
- - "slip and fall" cases
- - professional negligence
- - negligent misrepresentation
Name the elements negligence action.
- - Duty of Care
- - Breach of Duty of Care
- - Causation
- - Damages reasonably foreseeable at the time of the breach
What is "Duty of Care?"
- Duty of Care, a.k.a. the "neighbour"principle, is a legal obligation by the defendant to the plaintiff to uphold a certain standard of care.
- The standard considered to be what the "reasonable person" would expect. Higher standards are held for special experiences.
What is considered negligent misrepresentation in the engineering profession?
Any professional offering advice as part of his/her services
What is the Duty and Standard of Care owed by engineers?
“[…] to exercise the skill, care and diligence which may reasonably be expected of a person of ordinary competence, measured by the professional standard of the time” (B.M. McLachlin and W.J. Wallace, The Canadian Law of Architecture and Engineering(Toronto: Butterworths, 1987) at 97)
What are the limitations of actions against engineers, as defined by the Limitations Act?
- (4.) Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered 15(2).
- (15(2)) No proceeding shall be commenced in respect of any claim after the 15th anniversary of the day on which the act or omission on which the claim is based took place
- - (5(1)) A claim is discovered on the earlier of,
- (a) the day on which the person with the claim first knew,
- (i) that the injury, loss or damage had occurred,
- (ii) that the injury, loss or damage was caused by or contributed to by an act or omission,
- (iii) that the act or omission was that of the person against whom the claim is made, and
- (iv) that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and
- (b) the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a)
(2) A person with a claim shall be presumed to have known of the matters referred to in clause (1) (a) on the day the act or omission on which the claim is based took place, unless the contrary is proved
Principle of Discoverability: According to the Limitations Act, whan is a claim discovered?
When the claimant knew there was damage, or when a reasonable person ought to have known there was damage.
What are the elements of a Breach of Contract?
- - existence of a contract
- - breach of the contract
What does compensation for a breach of contract require?
- - damages to plaintiff caused by the breach
- - damages resulting from breach were foreseeable
What are the defences to a breach of contract claim?
- - no contract
- - no breach - duty of care was met, liability was limited by disclaimer clause, expiry of limitation period
- - breach did not result in damages
- - damages not foreseeable at time contract was made
What are the defences to a claim of negligence?
- - no DOC owed in the circumstances
- - no breach of standard of care
- - damages did not result from breach of the standard
- - damages were not reasonably foreseeable
What are the elements of an actions for negligent misrepresentation?
- - Duty of care is based on a "special relationship"
- - Professional making a representation that is untrue, inaccurate, or misleading
- - Professional acting negligently in making the representation
- - Person to whom representation is made relies on it in a reasonable manner
- - Reliance is detrimental and damages result
Name the defences to negligent misrepresentation.
- - no DOC is owed
- - plaintiff's reliance is not reasonable
- - professional's negligent misrepresentation did not cause damages
Name and describe the two types of professional liability insurance.
- - Occurence policies - covers actions of insured during the policy term
- - Claims made policies - covers claims made during the policy term
Give examples of the duties of the insured.
- - fully and honestly complete insurance application
- - immediately notify insurer when claim made against them
- - fully co-operate with the insurer in the investigation and resolution of the claim
What are the "Big 4" types of intellectual property?
- - Patents
- - Industrial designs
- - Copyright
- - Trademarks
Exclusive Right to Make, Use, Sell, and offer for Sale Product, Process, Apparatus
New and useful art, process, machine, manufacture or composition of matter or improvement in any of them.
What is the applicable term of a patent?
How does patent law apply to lifeforms?
Nature plays a role on product process; therefore, processes (such as gene manipulation) can be patented, but the final product (organism formed) cannot.
Name some exclusions to patents.
- - methods of medical treatment
- - methods of personal skill
Name the three items that must be present in the Practice of Professional Engineering.
1.Any act of designing, composing, evaluating, advising, reporting, directing or supervising;
2.Wherein the safeguarding of life, health, property or the public welfare is concerned;
3.That requires the application of engineering principles.
What is Engineers Canada?
- A national organization of the provincial and territorial associations that regulate the practice of engineering in Canada.
- Originated as Canadian Council of Professional Engineers in 1936, changed to Eng Can in May 2007.
What is the role of Engineers Canada?
- • National programs to assure standards of education, qualifications and practice
- • National policies, positions and guidelines
- • Promotion of the role and contribution of professional engineers to society
- • Federal government and media relations on behalf of the Constituent Associations
- • Member services programs
Describe the organization of Eng Can.
- ENG CAN consists of:
- - Constituent Associations - made up of the 12 provincial and territorial regulatory bodies - regulate 250,000 Professional members across Canada and pay fees on a per capita basis (~10.21/member)
- Board of Directors - policy-setting and governing body. 22 directors appointed by CA's (ON=5, QC=4, AB=3, BC=2, Others=1, +4 advisors - chairs of CEAB, CEQB, NCDEAS, CEO-Group)
- Boards and Committees - audit, awards, exec, finance, govt relations committees.
- Staff - approx 34 members that support the work of the BOD, boards and committees.
What is the CEAB?
Canadian Engineering Accreditation Board established in 1965 that now accredits 271 programs in 43 engineering schools.
It ensures that eng programs offered by Canadian universities will meet or exceed minimum educational standards acceptable for P.Eng registration.
- They also:
- - provide advice and recommendations to the board on international matters relating to engineering accreditation
- - oversee Engineers Canada's membership in the Washington Accord
- - are in liaison with eng accrediting bodies in other countries.
What are the Graduate Attributes outlined by the CEAB?
A. A Knowledge Base for Engineering
B. Problem Analysis
E. Use of Engineering Tools
F. Individual and Team Work
G. Communication Skills
I. Impact of Engineering on Society and the Environment
J. Ethics and Equity
K. Engineering Economics and Project Management
L. Life Long Learning
What is the CEQB?
Canadian Engineering Qualifications Board - sets national guidelines on P.Eng qualifications, standards of practice, ethicks and continuing competence.
Name the core engineering competencies.
A. Apply engineering knowledge, methods and techniques
B. Use engineering technology, tools and equipment
C. Protect the public interest
D. Manage engineering activities
E. Communicate engineering information
F. Work collaboratively in a Canadian environment
G. Maintain and enhance professional knowledge and skills
What does the International Committee do?
• Provide advice and recommendations to the board on international matters relating to the practice of engineering
• Negotiates agreements at the professional level with foreign professional institutions in consultation with the Constituent associations
• Monitors Engineers Canada’s International Agreements
• APEC and Engineering Mobility Forum Registers
What does the PEO do?
- • enforces the Professional
- Engineer’s Act of Ontario,
• Sets the standards of practice for professional engineering in Ontario,
- • Licenses & disciplines engineers & engineering firms, including control of the
- use of titles such as engineer, P.Eng., & Consulting Engineer
How many chapters of the PEO are there across Ontario?
How does the PEO work?
It provides a self-governing facility through its members.
- Functions include:
- • Setting standards for admission & the practice of professional engineering;
- • Developing and communicating these standards; and
- • Ensuring practice is at the requisite level by only authorized professionals.
- PEO council has ultimate authority:
- • approves committees;
- • develops policies;
- • carries out legislated functions in the Act ;
- • guides the Association.
Name the 3 main departments of the PEO.
• Regulatory Compliance
• Standards & Tribunals
• Licensing & Registration