Chapter Three-Resolution Of Disputes

Question 1

ADR

Answer 1

Alternative dispute resolution, is any solution that substitutes for court action

Question 2

Three main approaches to ADR

Answer 2

Negotiation, Mediation, Arbitration

Question 3

Negotiation

Answer 3

When the disputing parties work out their problem themselves

• can often improve relationships
• can be simple like a phone call

Question 4

Mediation

Answer 4

When a neutral third party assists the parties in coming to an agreement on their own

• used in labour relations
• facilitates the discussion
• can be informal or very structured

Question 5

Arbitration

Answer 5

When a third party makes a binding decision in the matter of the dispute

• commonly used in international relations
• parties ca choose to have provincial arbitration legislation apply to process

Question 6

Advantages to ADR

Answer 6

• control
• no delays
• privacy
• saves relationships
• act internationally

Question 7

Disadvantage

Answer 7

• not necessarily just
• cannot extract info per say
• imbalance
• no precedent
• no court of appeal

Question 8

Criminal law decision maker

Answer 8

Beyond a reasonable doubt-judge must be convinced beyond a reasonable doubt of the guilt of the accused

Question 9

Civil law decision factor

Answer 9

Balance of probabilities: requires the person making the claim to show the court there is more than a 50% likelihood the events took place

Question 10

Criminal law is made by what type of government?

Answer 10

Federal

Question 11

Judges in the provincial court are paid and appointed by?

Answer 11

Relevant provincial government

Question 12

Provincial courts of appeal

Answer 12

Hears appeals from lower courts, appeal courts will only consider cases that question facts of law not matter of facts although they are usually a mix of both

Question 13

How are judges of appeal appointed?

Answer 13

Federally

Question 14

What does the federal court of appeal do?

Answer 14

Hears appeals from the federal court

Question 15

Supreme court of Canada about

Answer 15

Nine judges, strictly for appellate function as far as private citizens are concerned. No automatic right to get to court. Hears both criminal and civil.

Question 16

Limitations of tort action

Answer 16

Must be commenced within 2 years of tort-many exceptions

Question 17

Civil litigation process order

Answer 17

Pleadings written
Cause of action
Determine jurisdiction
File and serve statement of claim
File and serve statement of defence
Pleadings close
Discovery
Questioning
Settlement before trial

Question 18

Examination for discovery

Answer 18

Parties will meet before a court reporter and under oath are asked detailed questions relevant to the problem to be tried

Question 19

Pre-trial conference

Answer 19

Usually scheduled to make offer to settle.

Question 20

When can you ask leading questions

Answer 20

In cross examination

Question 21

Costs

Answer 21

Winning party might be awarded costs as part of judgement

Question 22

Party and party costs are usually…

Answer 22

Awarded to victorious party and are determined using a predetermined scale

Question 23

Damages

Answer 23

Involves payment of money

Question 24

General damages

Answer 24

Based on estimates

Question 25

Special damages

Answer 25

Calculated to reimburse the litigant

Question 26

Punitive damages or exemplary

Answer 26

Do not compensate victim but punish wrongdoer

Question 27

Accounting

Answer 27

Any profits derived from defendants wrongdoing awarded to victim

Question 28

Injunction

Answer 28

Order to stop wrongful conduct or correct a continuing wrong

Question 29

Declaration

Answer 29

The courts to simply make a declaration as to law and legal rights of parties

Question 30

If judgement debtor refuses to pay…

Answer 30

Judgement creditor must enforce it

Question 31

Dry judgement

Answer 31

A judgement that was unwise to have pursued in first place (debtor has no assets)

Question 32

Once a judgement has been made many provinces offer…

Answer 32

A further hearing called an examination in aid of execution to determine assets that can be seized

Question 33

Pro rata

Answer 33

Proportional

Question 34

Is all property considered subject to seizure?

Answer 34

No, food, clothing, and household are exempt

Question 35

Garnishment

Answer 35

Interception of funds owed to the judgement debtor

Question 36

What can be used if there is a risk the judgement debtor’s property will be removed from jurisdiction

Answer 36

Judicial remedies although some provinces forbid them

Question 37

What do regulatory bodies do?

Answer 37

They implement and enforce policies

Question 38

Do courts have jurisdiction to supervise regulatory bodies?

Answer 38

Yes

Question 39

How must regulatory bodies make decisions? By what concept?

Answer 39

Rules or natural justice meaning it must be a fair hearing, decision makers must be impartial