Term
Decending order of Courts in Canada |
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Definition
1)Supreme Court of Canada
2)Provincial Court of Appeal------2)Federal Court of Appeal
3)Provincial/Territorial Superior court ------3)Federal Court
4)Provincial Court(small claims)------------------4)Tax Court
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Term
BC Provincial Court(small Claims)
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Definition
- hears civil matters up to $25,000
- hears some family law matters
- hears some criminal matters
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Term
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Definition
- hears civil matters over $25,000
- hears some family law matters
- hears some criminal matter
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Term
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Definition
• In most cases this is the court of last resort
• If an error in law or procedure is established an appeal will be successful
• Generally will only consider questions of law and not questions of fact
• An appeal is not a new trial |
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Term
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Definition
- Similar to provincial Superior Courts except it hears disputes that fall within the federal powers: copyrights, patents, federal lands or money, federal government contracts, etc.)
- Has both a trial and appellate division
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Term
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Definition
• Highest Court in Canada
• Strictly an appellate court
• Leave to appeal must be granted and will be considered only if the case has some ‘national significance
• Hears both criminal and civil cases
• Nine judges appointed by the Gov. of Canada |
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Term
Name the 9 Justices of the Supreme Court |
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Definition
Chief Justice Beverley McLachlin
Lebel
Fish
Abella
Rothstein
Cromwell
Moldaver
Karakatsanis
Wagner |
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Term
Other types of Courts in some province/territories |
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Definition
• Family law courts
• Youth justice courts
• Surrogate or probate courts
• Drug treatment courts
• Domestic violence courts
• Aboriginal Courts
• Tax Court |
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Term
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Definition
-Legal Authority and scope of power,
-constitution act 1867 gave federal or provincial governments jurisdiction to create laws.
generally speaking it will be the geographic area where the dispute or event took place |
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Term
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Definition
Civil=balance of probabilities
Criminal=beyond a reasonable doubt |
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Term
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Definition
1.Determine jurisdiction
2.Plaintiff files Notice of Claim (aka Statement of Claim)
3.Defendant files a Reply (aka Statement of Defence) and perhaps a counterclaim
4.Perhaps there is an application for directions or other interim applications
5.Process of discovery
a)Document discovery
b)Examination for discovery
6.Perhaps there is an offer to settle
7.Pre-trial conference
8.Perhaps there is mediation
9.Trial (plaintiff’s case, defendant’s case, rules of evidence)
10.Judgment (decisions, reasons, remedies* and costs)
11.Enforcement of judgment |
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Term
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Definition
a court action must be brought within a specific time period.
• new British Columbia Limitation Act, SBC 2012 |
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Term
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Definition
If the plaintiff (“judgment creditor”) wins:
• Seizure and sale of the judgment debtor’s property (but not the ‘necessities of life’ which are exempt from seizure)
• Garnishment (attachment of debt) of wages or bank accounts |
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Term
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Definition
Court orders that monies owed to the judgement debtor by third parties be paid into court and applied towards judgement debts, a portion of the defendants wages may be so directed to payment of the judgement. |
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Term
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Definition
A legal action undertaken by one or more plaintiffs on behalf of themselves and all other persons have an identical interest in the alleged wrong. |
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Term
Executive branch of government |
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Definition
Part of government comprised ofthe queen acting through the prime ministers and government departments and officials; also known as the crown |
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Term
legislative branch of government |
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Definition
part of government comprised of parliament and legislatures |
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Term
Judicial branch of government |
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Definition
part of government comprised of courts and officer of the court |
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Term
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Definition
Government agencies including ministries, departments, boards, commisions, agencies, tribunals, and individual bureucrats at the federal, provincial, and municipal levels.
examples:labor relations board,human rights commisions, workers compensation boards, utilities commision |
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Term
What is alternative dispute resolution? |
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Definition
• Negotiation – the disputing parties work things out themselves
• Mediation – when a neutral third party assists the parties in coming to resolution on their own
• Arbitration – when a neutral third party makes a binding decision in the dispute |
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Term
Advantages of ADR vs. Litigation: |
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Definition
Less delay
• Less distraction
• Less expensive
• Risk of adverse judgment reduced
• Good relationship can be maintained
• More flexibility
• Can resolve international conflicts |
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Term
Disadvantages of ADR vs. Litigation: |
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Definition
• Cannot ensure fair hearing
• Does little to overcome power imbalance
• Cannot ensure consistent outcomes
• Decisions are usually not appealable |
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Term
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Definition
Usually tried first
• Parties can withdraw at any time
• Requires cooperation and compromise
• Representatives may conduct negotiation
• Relationship may be enhanced
• May be conducted “without prejudice” |
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Term
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Definition
Neutral third party assists in decision making, but does not make decision
• Mediator finds common ground
• Mediators are trained
• Works well when there is confidential information that one or both parties do not want disclosed in a lawsuit
• Requires willingness to act in good faith and an equal balance of power |
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