Chapter 3 Flashcards

1
Q

Negotiation

A

decision making is left in the hands of the disputing parties to work
out for themselves

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2
Q

Mediation

A

neutral third party assists the parties in coming to a resolution on their
own

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3
Q

Arbitration

A

party makes a binding decision in the matter under dispute

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4
Q

Limitation Periods

A

Alberta – Limitations Act: 2 years (10 year ultimate drop dead limitation)
Restarting the clock – Acknowledgement or part payment

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5
Q

Jurisdiction

A

Must determine which court will assume jurisdiction (location) to hear the action
Prove “real and substantial connection” by identifying a connecting
factor that links the litigation to the court
Court consider what is fair to the parties and an efficient resolution of the
dispute
courts will consider “all the circumstances”

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6
Q

Pleadings

A

These pleadings must be done before trial starts: Statement of Claim (plaintiff)
Statement of Defence (defendant)
Counterclaim/Defence to Counterclaim

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7
Q

Remedies

A

Damages (monetary compensation)
General: pain and suffering or for future lost wages
Special: reimburse the litigant for expenses or costs incurred before the trial
Punitive: not to compensate the victim but rather to punish the wrongdoer
Other remedies
Accounting
Injunction
Specific performance
Declaration

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8
Q

Enforcement

A

There is no guarantee that the amount awarded in a judgment will be paid
Examination in aid of enforcement / execution
Seizure of personal property
Sale of real property
Garnishment of wages, accounts, debts
Equitable receiver
Prejudgment remedies / attachment

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