Legal Research Essay Topics for Business Law Students

Instructions for Writing a Legal Research Essay

Write on one of the topics below and submit an electronic copy (in pdf or Word format) of your essay via Canvas on the due date by midnight. Do not delay as your preparation will require a certain time commitment.  Your writing is to be between 800-1,000 words. To say something of merit in that short of space requires some planning and precise thinking.  Do not give me your first draft!

Each topic deals with a current event and an issue relating to business law.  In your submission, please identify which option you have chosen. To properly speak on your topic, you will need to learn of the issues to comment on the questions asked. This is done by spending time with the course materials and through research online.  Remember that your approach is to 1) understand the issue, 2) take a position on the issue, and 3) provide reasoning and research to support your position.  The most important part of your writing is the reasoning you provide and should comprise the bulk of your submission. A grading rubric has been provided on Canvas to assist you in understanding what is expected on this essay assignment. You are required to use at least 3 different references for your paper and 1 of those references must be legal material (i.e. court opinion or statute).

In August 2021, the BC Supreme Court made a ruling on a dispute between two neighbours that live in a wealthy Vancouver neighbourhood. The matter between the parties related to a tort claim filed by each of the parties against the other in lower court and has been appealed to the BC Supreme Court.  Please review the case and the corresponding news article, both links are found below, and discuss the following: What claims were filed by which parties and what actions initiated those claims? What was the outcome/ruling of the BC Supreme Court and do you agree with it, why or why not? What impact could this have on other tort claims in BC and other jurisdictions in Canada?

https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc1640/2021bcsc1640.html?autocompleteStr=minicu&autocompletePos=1  

https://bc.ctvnews.ca/with-ocean-views-at-stake-b-c-man-snuck-onto-neighbour-s-multimillion-dollar-property-to-cut-tops-off-trees-1.5567366 

In employment law, the issue of differentiating between an employee and independent contractor is significant. There are advantages and disadvantages to both forms of employment, both for the employee and employer. The “gig” economy is a growing sector of the business world, both in Canada and internationally, and is traditionally occupied by independent contractors. However, in a recent ruling in the UK by the UK Supreme Court, the court found that Uber drivers are to be classified as employees and not independent contractors. Please discuss the effects that this could have on the “gig” economy, including any potential cross over into Canadian businesses. Further, discuss the implications this could have on businesses that may be forced to transition their independent contractors to employees. What would be the advantages and disadvantages of having employees rather than independent contractors? Is there a potential for businesses to restructure that could harm independent contractors? Please use the articles below to help get you started.

https://www.bbc.com/news/business-56123668

https://www.bbc.com/news/business-56412397

Option 3 – COVID Restrictions

On December 8, 2020, the Government of Alberta announced updated public restrictions on residents of Alberta effective December 13, 2020 under the CMOH Order 42-2020

(https://open.alberta.ca/dataset/4cccb47f-c26a-40bf-b95e-caaf04892164/resource/3a7a124f-1d12-485b-b7b1-09bddf61f29e/download/health-cmoh-record-of-decision-cmoh-order-42-2020.pdf).

The restrictions include mandatory facemask wearing, social distancing, prohibited social gathering and non-essential travel. The updated restrictions are intended to assist the province in the battle against the COVID-19 pandemic by reducing the spread of infections between individuals. Those restrictions continued in place until approximately July 2021. Those mandated restrictions have been removed province-wide, however, many restrictions do remain in place and vary with city and institution. Many people have found the government restrictions an abuse of authority and without justification. Do you agree? Do you believe that the government, or an institution, should have the right to interfere with individual rights? If so, are there any public policy reasons beyond statutory authority that permit that right? If not, how would you limit the government’s ability to interfere with its citizens rights? Are there some rights that should never be interfered with?

One could argue that a main purpose of attending post-secondary education is to achieve better employment upon graduating. Some would go so far as to claim that it is the institution’s obligation to assist students in finding employment upon graduation. In an Ontario Court of Appeal decision in 2013, the Court allowed a misrepresentation claim brought by students against George Brown College, alleging that the College promised them that they would receive a “prized international certification” upon completion. Please review the article and Court of Appeal decision below and discuss the following: Should colleges and universities be liable for misrepresentation to students? What are the limits to a misrepresentation claim? How do you strike a balance between promoting an institution and liability for misrepresentation? To what extent are colleges and universities obligated to help their students secure employment or proper designations?

http://www.thecourt.ca/ontario-students-succeed-in-suing-their-college-for-negligent-misrepresentation/

https://www.canlii.org/en/on/onca/doc/2013/2013onca468/2013onca468.html