Chapter 3 - Resolution of Disputes

Question 1

Alternatives to court action

Answer 1

Negotiation - parties work out dispute themselves
Mediation - neutral 3rd party assists in coming to resolution on their own
Arbitration - party makes a binding decision in the matter

Question 2

Advantages of ADR

Answer 2

• parties maintain control of the situation
• less distraction
• lower costs
• preserves good will

Question 3

disadvantages of ADR

Answer 3

• decisions do not follow precedent
• resolutions may not be enforceable
• no public record

Question 4

disadvantages of mediation

Answer 4

• not the process to use where blame or liability for injury must be determined
• power imbalance - mediation may exacerbate the weakness of one party

Question 5

Civil matters

Answer 5

two private persons use the court as a referee to adjudicate a dispute

Question 6

Balance of probabilities

Answer 6

50+1%

Question 7

criminal proceedings

Answer 7

govt pursues the matter and prosecutes the accused

must be convicted beyond a reasonable double

crown vs accused

Question 8

beyond a reasonable doubt

Answer 8

95+1

Question 9

provincial court

Answer 9

• lowest level
• criminal jurisdiction over the less serious criminal matters

Question 10

superior court

Answer 10

• highest trail level court
• unlimited monetary jurisdiction in civil matters and deals with serious criminal issues

Question 11

Draw outline of Canadas court system

Answer 11

slide 15

Question 12

Appeal courts

Answer 12

will only consider a case when questions of law are in dispute not questions of fact

Question 13

Supreme court of canada

Answer 13

-highest court in the country
- strictly appellate function
- nine judges appointed by govt of Canada
- decisions set binding precedent

Question 14

Draw process of civil litigation

Answer 14

slide 19

Question 15

limitation periods

Answer 15

must be brought within a relatively short period of time from event

Question 16

pleadings

Answer 16

• notice of civil claim (plaintiff)
• response of notice of civil claim (defendant)
• counterclaim/defence to counterclaim

Question 17

discovery

Answer 17

documents/records
examination for discovery: verbal exam of witnesses under oath

Question 18

pretrail conference

Answer 18

meeting to determine which issues remain to be tried and whether the parties can resolve the dispute themselves

Question 19

offer to settle

Answer 19

either party can make an official offer to settle - if accepted - the matter is ended

Question 20

trial

Answer 20

plaintiff presents case
- burden of proof rests with plaintiff
- plaintiffs case and witnesses are presented first
- cross examination by defendants lawyer
- plaintiffs lawyer is prohibited from asking leading questions

Defendant presents case

Question 21

damages

Answer 21

monetary compensation
general, special, punitive

Question 22

general

Answer 22

pain and suffering or for future lost wages

Question 23

special

Answer 23

reimburse the litigant for expenses or costs incurred before trial

Question 24

punitive

Answer 24

not to compensate victim but rather punish the wrongdoer

Question 25

other remedies

Answer 25

accounting
injunction
specific performance
declaration

Question 26

enforcement of judgement

Answer 26

slide 30

Question 27

regulatory bodies

Answer 27

executive brand of govt delegates to public admin and regulators

complaints usually heard by administrative tribunals

Question 28

procedural fairness in tribunals

Answer 28

1. from where did the tribunal derive its authority
2. was the decision making process fair
3. what recourse is there if there has been a failure in jurisdiction or procedure