Short Answer Questions Based on Jones v. Tsige Case Excerpts

Instructions and Grading Criteria

This assignment asks you to answer 4 short answer questions based upon the case excerpts from Jones v. Tsige 2012 ONCA 32.

This assignment is worth 15% of your final mark. Each question is equally weighted. All answers should be typed, in full sentences and 1.5 spaced. You will be graded on the quality of your writing.

Focus on what is asked of you in the question. All answers will be evaluated based upon the rubric that has been posted to Blackboard.

Links have been provided in the excerpts to the decision as well as the prior decision by the Ontario Superior Court of Justice. Where you see [...] it indicates that material has been removed.

All assignments are to be submitted via Blackboard.

Your answers must be your own work, No direct quotes or citations should be used in your answers. Everything should be in your own words.

Questions

1. The decision of the Ontario Court of Appeal relies upon a variety of sources of law. Identify two sources of law relied upon by the court and identify their weight in decision making. That is, are they binding or persuasive? 

2. In the Court of Appeal’s decision, at para. 4 Sharpe J.A. noted that Tsige “did not publish, distribute or record the information in any way.” Should this matter when it comes to liability? Should it matter when it comes to damages?

3. Explain how this case helps us understand how the common law evolves. In supporting your argument identify one case that we have discussed in class that illustrates how the common law evolves. See Sharpe J.A.’s comments at paragraphs 66 and 67

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4. What does this case tell us about concerns that businesses need to consider when addressing how they handle sensitive information? (25%)