GMGT 3300 A02

Business Law
Fall Term 2023
4:00 P.M. TO 5:15 P.M. – 105 Drake Centre
Sep 06, 2023 to Dec 11, 2023

TERRITORY ACKNOWLEDGEMENT
The University of Manitoba campuses are located on original lands of Anishinaabeg, Cree, Oji-Cree,
Dakota and Dene peoples, and on the homeland of the Métis Nation. We respect the Treaties that were
made on these territories, we acknowledge the harms and mistakes of the past, and we dedicate
ourselves to move forward in partnership with Indigenous communities in a spirit of reconciliation and
collaboration.

INSTRUCTOR
Name: John G. Harrison, B. Comm. (Hons), B.A., LL.B. (Preferred pronouns he/him/his)
Office: 206 St. Mary’s Road, Winnipeg, MB, R2H 1J3
Phone: 204-989-8761
Email: john.harrison@umanitoba.ca /jgh@taciumvincent.com (please email both or just work address)
Office hours: After class if requested or by appointment

John is a practicing lawyer in Winnipeg and moved from his longstanding law firm in 2022 he has been
practicing law at the law firm of Tacium Vincent & Associates. He practices law primarily in the following
areas: residential and commercial real estate law; wills and estates law; family law matters (now excluding
contested court related matters); and corporate/commercial law.

John has his B.Comm.(Hons) degree from the University of Manitoba (1977) and worked in sales and
management in the computer industry for 6 years before returning to Law S chool at the University of
Manitoba. John, a native Manitoban, articled at Blake Cassels & Graydon, a large Bay Street law firm in
Toronto, and was first called to the Bar in Toronto while at that law firm. He subsequently returned to
Manitoba in 1988 after practicing a short while in Toronto. He has been an associate at a large law firm in
downtown Winnipeg as well as at a smaller firm, and at one time was Senior Associate counsel at MTS. He
has also been a partner in a firm in downtown Winnipeg, and subsequently opened his own law firm,
Harrison Law Office, some years later. He happily practices from offices in the South side of the City now.

For a period of over 2 years, until late 1991 or early 1992, John worked at the Asper School on contract
with the Dean of the Faculty, at which time he created and then managed the Career Development and
Placement Centre in the Asper School. He has a great affinity for the business school at the U of M.

Over his career John was highly involved in a variety of Board activities including stints as President of his
golf club, lay board member for the Certified General Accountants of Manitoba, Chair of the Province of
Manitoba Interim Transition Committee involving Post-Secondary Education (involving separation of what
was then Red River Community College from the Department of Education), first Chair of the Board of Red

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River Community College (now Red River College), and board member for 11 years (including two years as
Chairperson) of the Victoria General Hospital Board of Governors.

In the fall of 1991 John began teaching the Commercial Law (now Business Law) course at the Asper School,
and he has continued to do so ever since. It is something he continues to do because he enjoys teaching
Commerce undergraduates. He still recalls his time as a Commerce student from many years ago.

John is married to a now retired schoolteacher and has two successful adult children. His primary outside
activity is golf.

COURSE ELEMENTS
Credit value 3 Leadership No IT skills No Global view Yes
Ethics Yes Numeracy No Written skills No Participation Yes
Innovation No Group work No Oral skills Yes Evidence-based Yes
Experiential Yes Final exam Yes Guest speakers(s) No

COURSE DESCRIPTION
The course is described in the University Calendar as follows:

GMGT 3300 Business Law: General history of law, the organization of courts, the Canadian Constitution,
federal and provincial legislative functions. Legal concepts and problems relating to business organization,
contracts, principal and agent, negotiable instruments, common torts, and bankruptcy proceedings.
Recommending course to be taken in 4th year.

GMGT 3300 is a required course in the B.Comm curriculum because every businessperson should have a
knowledge of legal principles and practices

COURSE MATERIALS

Required: The Law of Business Administration in Canada, 15th edition by Smyth, Soberman, Easson.

The textbook is available in the eText version with ISBN number 9780135243015 and, since the
publisher (Pearson Education) has discontinued offering bookstores the option to sell loose leaf versions
of their publications, the hardcover version (ISBN 9780135353721).

This is the prescribed text for the course. It is expected that you will avail yourself of a copy and read the
chapters or pages to which reference is made.

Required: Course Casebook that will be available on UMLearn. You need only read portions referred to
in class.

Please respect copyright laws. Photocopying textbooks or other reading material is a violation of
copyright laws and is unethical, unless permission to copy has been obtained.

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COURSE LEARNING OUTCOMES
1. Help you to know the courts that exist in the provincial and federal systems so that you are
aware of which court would be relevant when dealing with a given legal issue in business.
2. Help you to know who makes law in Canada and which sources of lawmaking have the last
say when dealing with subject matter that may arise.
3. Introduce to you the key business organizations that exist, their key features (including
features of agency law), and the potential advantages and disadvantages of operating your
business utilizing a given type of business organization.
4. To provide you a clear understanding of the difference between insolvency and bankruptcy
are, and what the consequences may be of becoming bankrupt, or of being a creditor owed
money by a party who becomes bankrupt.
5. Clarify for you the meaning of “tort”, why it matters, the types of torts that exist, and the
consequences of committing a tort.
6. Give clarity to you regarding: what a contract is; the requirements to establish whether a
contract is in existence; how a contract may come to an end; and the consequences of what
breaching a contract may be.

ASPER EQUITY, DIVERSITY & INCLUSION (EDI)

At the Asper School of Business, we believe that an exceptional learning environment is sustained by
diverse perspectives, equitable opportunities, and inclusive spaces. We are committed to challenging
biases and confronting discrimination; nurturing openness, empathy, and active participation in our
collaborations; and creating inclusive communities that foster belonging for all students, staff and
faculty. Above all, we strive to embed principles of equity, diversity, and inclusion in all elements of
business education, in our classrooms and beyond.

Report your EDI concerns here.

REQUESTING RELIEF FOR MISSED ACADEMIC WORK/ EXAM AND LATE SUBMISSION POLICY
The self-declaration is in place of a sick note/supporting documentation, as per the Self -Declaration for
Brief and Temporary Student Absences Policy. No additional documentation is required.

Self-declaration form

There will be no deferred writing of the mid-term test. Therefore, should you have a legitimate reason
preventing you from writing the mid-term test, the final exam will be worth 100% of your final grade.

The Asper School has an approved list of events for which students are eligible for accommodation if
they miss a term exam/test.

The “Self Declaration Policy and fillable form” can be found here.

Do not make travel plans before the Final Exam. I cannot let you take the exam earlier/later because you
made bookings for an earlier date. In the event you have to miss the Final Exam for a valid reason, a
request for a deferred exam must be made at your home Faculty’s Undergraduate Program Office
(b_comm@umanitoba.ca, if you are an Asper student). Applying for a deferred exam does not
guarantee your request will be granted.

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The Fall 2023 Deferred Exam date is tentatively set for January 12th, 2024.

ATTENDANCE POLICY
It is expected that you Regularly attend the lectures, however, attendance will not be recorded.

ACADEMIC ACCOMMODATION
Student Accessibility Services (SAS) provides supports for students with disabilities and to foster success
for your academic future. If you need help and support as a student, please reach out to the SAS office.

Students with disabilities may have academic accommodations that include extensions on course work
and test deferrals. These accommodations are separate from the self-declaration for brief and
temporary absence policy. A student or faculty member can contact an Accessibility Coordinator to
discuss academic accommodations related to disability.

COMMUNICATION AND FEEDBACK

Students who wish to correspond with instructors or TAs directly via email must send messages that
originate from their official University email account. This protects the confidentiality and sensitivity of
information as well as confirms the identity of the student. Emails regarding course feedback should be
sent to the instructor. Ensure your emails go to BOTH john.harrison@umanitoba.ca and
jgh@taciumvincent.com.

COURSE FORMAT AND HEALTH & SAFETY PROTOCOLS

This course will be taught in-person, unless there’s a directive from the university that requires us to move
to remote delivery. We will observe the health-related safety protocol mandated by the university.

Stay home when sick

In line with our commitment to maintaining a healthy and safe campus environment, we kindly remind
everyone to stay home when feeling unwell. We urge you to consider the well-being of others and be
respectful of their choices when assessing your own health and ability to attend campus. UM continues
to be a mask friendly space.

You can find the self declaration form here if you find yourself sick and need to miss
class/exam/assignments.

What to do if you become ill while at UM:

1. If you have a mask, please wear it and leave the classroom, lab, or workspace immediately.
2. Perform hand hygiene (soap and water or hand sanitizer) and avoid contact with others and
minimize contact with the physical environment.
3. Inform your instructor(s) or, if in residence, the appropriate individual.
4. Please remain off-campus and all UM facilities until cleared to return in accordance with self-
assessment, testing results, and UM recommended isolation procedures.

AI TOOLS
AI tools can be used to enhance learning and problem-solving skills, but they should not replace
independent thinking and learning. Students must exercise critical thinking when using AI tools and

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acknowledge their use in academic work. Prohibited uses include generating or completing academic
work with AI tools without appropriate acknowledgement. Academic honesty is paramount, and
students should accurately represent their individual effort and knowledge. Faculty will provide
guidance on AI tool usage and incorporate discussions on AI ethics and academic integrity. Violations
may lead to disciplinary actions, including academic penalties or suspension.

TECHNICAL REQUIREMENTS
In the event health mandates or the instructor falling sick for an extended period require switching to
remote delivery of classes, you will need a device enabled with a camera and microphone. Further, you
will have to be in a location with a stable Internet connection that is strong enough for streaming video.

ASSESSMENT OF LEARNING
The intention is that exams will be held in-person unless some unexpected circumstance occurs.

The mid-term test usually covers material up to and including the topic of sole proprietorship. Results will
be provided prior to the Voluntary Withdrawal date.

There will be a final examination worth 67% of the final grade.

Final exam date: TBD.

Final exam location: TBD

The Final Exam is not cumulative with the midterm. It will only cover material from and including the
topic of Business Organizations to the end of the course.

There will be a mid-term examination worth 33% of the final grade on Wednesday, October 23, 2023 in class.
There will be a 3-hour final examination worth 67%. The final exam date is BE ANNOUNCED. The voluntary
withdrawal date is November 21, 2023. Results of the mid-term exam will be provided before the voluntary
withdrawal date by way of email to your U of M email account and by way of a review at the beginning of a
class before the voluntary withdrawal timeframe has passed.

I will be using the following letter-grading scheme:

Marks Letter Grade

90 and above A+
80 – 99.99 A
75 – 79.99 B+
70 – 74.99 B
65 – 69.99 C+
60 – 64.99 C
50 – 59.99 D
Below 50 F

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In the event of a skewed distribution of grades, the total course marks may be curved up or down as
necessary (the weighting of each component will remain unchanged).

ELECTRONIC DEVICE POLICY

Students are permitted to use technology to assist in the taking of notes during the class BUT ARE NOT
PERMITTED TO TAKE PHOTOGRAPHS OF POWERPOINT SLIDES.

You must obtain the permission of the instructor prior to audio/video-recording a lecture, and this will
only be permitted in exceptional circumstances.

OUT OF CLASS COMMUNICATION

For this course, UM Learn shall be used as a portal for distributing the course outline, grades, etc., and
providing some notifications to the class where required.

CLASS SCHEDULE
The following is a tentative schedule of materials to be covered throughout the term:

1. September 6: What is Law? Systems of Law in general terms, Common Law System;

2. Week of September 11: Sources of the Law & Roles of the Courts

3. Week of September 18: Roles of the Courts & Constitutional Law Issues

4. Week of September 25: Court Systems (Federal system and Manitoba Provincial System)

5. Week of October 2: Court Process in the Context of Litigation

6. Week of October 9: Court Process in the Context of Litigation & Sole Proprietorship

7. Week of October 16: Partnership including agency

8. Week of October 23: Corporations

9. Week of October 30: - Bankruptcy

10. Week of October November 6 - Bankruptcy & Torts

11. Week of November 13: FALL TERM BREAK

12. Week of November 20: Torts

13. Week of November 28: Contracts

14. Week of December 4: Contracts, Specialized Contracts, Negotiable Instruments

15. Exam Period: December 12 to 22.

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IMPORTANT DATES AND DEADLINES

A list of all important dates and deadlines at the University of Manitoba can be found here.

The following is a list of particular important dates:

First Commercial Law class - September 6, 2023

Last date to DROP Fall term and

Fall/Winter term spanning courses
with refunds - September 19, 202 3

Last date to ADD a course for Fall term

and Fall/Winter term spanning courses - September 2 0, 202 3

National Truth and Reconciliation Day –

UNIVERSITY CLOSED - October 2, 202 3

Fall tuition fee payment deadline - October 4, 202 3

Thanksgiving Day – University closed-

UNIVERSITY CLOSED - October 9, 202 3

Midterm Exam (75 minutes) - October 2 3, 2023

Remembrance Day – UNIVERSITY CLOSED - November 1 3, 202 3

Fall term break - Week of November 13, 202 3

Voluntary Withdrawal (VW) Deadline-

Fall term classes - November 2 1, 202 3

Final Commercial Law class (and last day

of classes for Fall Term - December 1 1, 2023

Final Exam Period - December 1 2 to December 2 2, 202 3

Winter Holiday - December 2 3, 2022 to January 2, 2024

Approved Deferred Fall Exam as allowed - January 12, 2024

ACADEMIC HONESTY
Academic integrity is critical to the reputation of the Asper School of Business and for the degrees we
award. As the Faculty that helps create business and government leaders, we have a special obligation
to ensure that our ethical standards are beyond reproach. Therefore, the Asper School takes academic

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misconduct very seriously and does what it takes to uphold the highest academic integrity standards.
You can find information on what constitutes academic misconduct on the University of Manitoba’s
Academic Integrity webpage. It is your responsibility to educate yourself on what’s acceptable and
what’s not. Ignorance is no excuse. When in doubt, talk to your instructor.
Examples of academic misconduct include, but are not limited to:
▪ using the exact words from a published or unpublished source without quotation marks and
without referencing that source both in-text and in the Bibliography
▪ reproducing a table, graph, or diagram, in whole or in part, without referencing the source
▪ paraphrasing someone else’s words without referencing the source both in-text and in the
Bibliography
▪ using a paper (or parts of it) that was submitted in one course for an assignment in another
course, without discussion with both the instructors involved
▪ getting your assignment done by someone else, either for payment or otherwise
▪ using material available on file-sharing sites such as Course Hero, Chegg, etc. Uploading material
to such sites also constitutes academic misconduct depending on what is shared.
▪ copying the answers of another student in any exam or assignment
▪ providing exam answers or assignments to other students via any medium or obtaining them
from other students or websites
▪ taking any unauthorized materials into an examination (crib notes), regardless of whether those
are used during the exam
▪ recording exam questions using any method, regardless of whether those are shared with others
▪ sharing exam questions with those who are yet to take the exam, including future students or
attempting to sell exam questions
▪ impersonating another student or getting another person to impersonate you for the purpose of
attendance, earning class participation marks, submitting academic work, or writing an exam
▪ changing any part of test answers after that test has been graded and returned

Group Projects and Group Work

Many courses in the Asper School require group projects. All group members should exercise special
care to ensure that the group project is free from plagiarism. Should a violation occur, group members
are jointly accountable unless the violation can be attributed to specific individuals.
Some courses, while not requiring group projects, encourage students to work together in groups before
submitting individual assignments. If it’s unclear whether it is allowed, students are encouraged to seek
clarification from the instructor to avoid violating the academic integrity policy.
In the Asper School of Business, all suspected cases of academic misconduct in undergraduate courses
are reported to the Dean's office and follow the approved disciplinary process.

See following table for typical penalties for academic misconduct in the Asper School.

TYPICAL PENALITES FOR ACADEMIC MISCONDUCT IN THE ASPER SCHOOL

If the student is from another Faculty and the academic misconduct is committed in an Asper course,
the student’s Faculty could match or add penalties beyond the Asper School’s.

F-DISC on transcript indicates the F is for disciplinary reasons.

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 ACADEMIC MISCONDUCT
Cheating on exam (copying from or
providing answers to another
student)
Sharing exam questions
electronically during exam
Possession of unauthorized
material during exam (e.g., cheat
notes)
Altering answer on returned exam
and asking for re-grading
Plagiarism on assignment
Submitting paper bought online
Inappropriate Collaboration
(collaborating with individuals not
explicitly authorized by instructor)
Group member had knowledge of
inappropriate collaboration or
plagiarism and played along
Signing Attendance Sheet for
classmate
Attempting to sell exam
PENALTY
F-DISC in course
Suspension from taking Asper courses for 1 year
Notation of academic misconduct in transcript
F-DISC in course
Suspension from taking Asper courses for 1 year
Notation of academic misconduct in transcript
F-DISC in course
Suspension from taking Asper courses for 1 year
Notation of academic misconduct in transcript
F-DISC in course
Suspension from taking Asper courses for 1 year
Notation of academic misconduct in transcript
F-DISC in course
Suspension from taking Asper courses for 1 year
Notation of academic misconduct in transcript
F-DISC in course
Suspension from taking Asper courses for 1 year
Notation of academic misconduct in transcript
F-DISC in course
Suspension from taking Asper courses for 1 year
Notation of academic misconduct in transcript
F-DISC in course
Notation of academic misconduct in transcript
F-DISC in course
Notation of academic misconduct in transcript
F-DISC in course
Suspension from taking Asper courses for 18
months
Notation of academic misconduct in transcript

SPIRITUAL CARE AND MULTI-FAITH CENTRE

Academic accommodation for religious, Indigenous or spiritual observances multi-faith calendar.

The Spiritual Care and Multi-Faith Centre (SCMC) supports students as they navigate through the highs
and lows of academic life, helping to piece together and make sense of the trou bling, confusing, and
exciting parts that make up their lives.

Spiritual health services are available to all, whether you identify as spiritual, atheist, religious or agnostic.
We recognize, affirm and work with your existing values and beliefs.

STUDENT SERVICES AND SUPPORTS

The University of Manitoba provides many different services that can enhance learning and provide
support for a variety of academic and personal concerns. You are encouraged to visit the below websites
to learn more about these services and supports.

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If at any time you feel that your personal safety is in jeopardy, you can contact Security Services for a
variety of supports.

Empower Me (free for U of M students) 1-844-741-6389

Klinic Crisis Line (24hrs) 204-786-8686 or 1-888-322-3019

Emergency Contact
o 555 from any university phone or #555 from MTS or Rogers Wireless
o 204-474-9341 from all other phones
o Any emergency phone on campus

Non-Emergency Contact
o Safewalk/Fort Garry Campus: 204-474-9312

Winnipeg Police Services

Contact this service if you feel concern for your safety, or if you would like to make a report of criminal
behavior.
o Winnipeg Police (emergency line) 911
o Winnipeg Police (non-emergency line) 204-986-6222

More resources

Concern Link
Reporting discriminatory behavior by another
Speak Up
university member
Tech-related issues with UM Learn or Information Services &
videoconferencing Technology
Admission, Registration, Tuition Fees, Important
Registrar’s Office
Dates, Final Exams, Graduation, and Transcripts
Academic policies & procedures, regulations, Faculty-
Academic Calendar
specific information, degree and major requirements
Help with research needs such as books, journals,
Library Resources
sources of data, how to cite, and writing
Tutors, workshops, and resources to help you improve
your learning, writing, time management, and test- Writing and Learning Support
taking skills
Support and advocacy for students with disabilities to
Student Accessibility Services
help them in their academic work and progress
Copyright-related questions and resources to help you
Copyright Office
avoid plagiarism or intellectual property violations
Student discipline bylaws, policies and procedures on
academic integrity and misconduct, appeal Academic Integrity
procedures

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 Policies & procedures with respect to student
discipline or misconduct, including academic integrity Student Discipline
violations
Students’ rights & responsibilities, policies &
procedures, and support services for academic or Student Advocacy
discipline concerns
Your rights and responsibilities as a student, in both
Your rights and responsibilities
academic and non-academic contexts
Medical services for any physical or mental health
University Health Service
issues
Information on health topics, including
physical/mental health, alcohol/substance use harms, Health and Wellness
and sexual assault
Mental health, including anxiety, stress, depression,
help with relationships or other life concerns, crisis Student Counselling Centre
services, and counselling.
Support services available for help regarding any
Student Support Case
aspect of student and campus life, especially safety
Management
issues
Resources available on campus, for environmental,
mental, physical, socio-cultural, and spiritual well- Live Well @ UofM
being
Help with any concerns of harassment, discrimination, Respectful Work and Learning
or sexual assault Environment
Concerns involving violence or threats, protocols for Violent or Threatening
reporting, and how the university addresses them Behaviour

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 COURSE DESCRIPTION

I. AN INTRODUCTION TO LAW AND CANADA'S LEGAL SYSTEM

(Required reading: Chapters 1, 2 and 3 in text)

a) What is Law?

b) Systems of Law

i) Common Law
ii) Civil Law

c) Sources of Law

i) Courts
ii) Legislatures
iii) Administrative (i.e. Subordinate Legislation) Legislation and Entities,

d) The Nature and Roles of Courts

i) The Roles of the Courts

(1) Arbiter of the Constitution
(2) Interpreter of Legislation
(3) Protector of Civil Liberties
(4) Arbiter of disputes between parties

ii) The Court Systems in Canada (Federal system and Manitoba Provincial System)

iii) The Court Process in the Context of Civil (non-criminal) Litigation

II. THE MAJOR FORMS OF BUSINESS ORGANIZATION IN CANADA

(Required reading: Chapters 24 and 25 in text)

a) Sole Proprietorships

b) Partnerships (General, Limited and LLP)

c) Corporations

III. BANKRUPTCY LEGISLATION AND PRIORITIES

(Required reading: Pages 692 to 707 in text)

a) The purpose of bankruptcy law

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 b) Bankruptcy vs. insolvency

c) Procedures by which you may become a bankrupt

d) Powers of the trustee in bankruptcy

e) Payment of claims, and priority of payment to creditors

f) Discharge of the bankrupt debtor

IV. THE LAW OF TORTS

(Required reading: Chapters 4 and 5 in text)

a) The Nature of Torts

b) Intentional Interference

c) Unintentional Interference

d) Liability of Professionals

V. THE LAW OF CONTRACT

(Required reading: Chapters 6 to and including 9; the topic of “Privity of Contract” on page 233; and
Chapters 12 and 13 in text)

a) The 6 Basic Elements of a Contract

i) Offer

ii) Acceptance

iii) Consideration

iv) Intention to create legal relations

v) Capacity

vi) Legality of the Contract

b) Impugning a Contract

c) Enforcement of Contractual Rights and Problems of Enforcement

d) Discharge of a Contract

e) Privity of Contract and Exceptions to the Rule

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 f) Effect of Breach and Remedies

g) Employment Contracts

VI. THE CANADIAN CONSTITUTION – no required reading

a) The Nature of a Constitution

b) Sources of the Constitution

c) Federalism in Canada and the Canadian Governmental Structure

d) The Charter of Rights and Amending Formulae

VII. PARTICULAR KIND OF CONTRACTS – no required reading

a) The Contract of Insurance

b) The Contract of Sale

i) The Sale of Goods Act

ii) Remedies of the Parties

iii) Consumer Protection

c) Principal and Agent

d) Bailment

e) Employment Contracts

i) Wrongful Dismissal

VIII. CONCEPTS IN REAL PROPERTY – no required reading

a) Interests in Land

b) Transfers on conveyances of Interests in Land

c) Landlord and Tenant Relations

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IX. NEGOTIABLE INSTRUMENTS – Chapter 19

All topics listed on the outline may not be covered.

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