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Flashcards in Chapter 2 Deck (8):
1

Trial court

- Cases heard by one judge

- Plaintiff vs. Defendant

- Approximate four-year time frame from the date the lawsuit is filed until the judgment is rendered

2

Division of authority between Trial Courts

Court of Quebec:
judges appointed by the provincial government
Claims for an amount greater than $ 15,000 and less than $85,000

Small Claims Court: a branch of the Court of Quebec
claims for an amount of $15,000 or less;
Plaintiff must be an individual or a company with 5 or less employees;
there is no appeal, no lawyers, judge effectively acts as arbitrator.

Quebec Superior Court:
judges appointed by the federal government
Claims for an amount equal or greater than $85,000

3

Quebec Court of Appeal

Cases heard by three judges and decision by majority not by unanimity.

Appellant (the party who is appealing the Trial Court decision) vs. Respondent.

Approximate three-year time frame from the date the Trial
Court rendered its judgment.

Appeals from both the Court of Quebec and the Quebec Superior Court

4

Grounds for Appeal, Quebec Court of Appeal

Lower court judge made a material error in interpreting the facts or the law

5

Right to Appeal

Automatic right of appeal where the object in dispute in the Trial Court is equal or greater than $60,000.

With permission from the Quebec Court of Appeal in all other cases.

6

Supreme Court of Canada

Cases usually heard by all nine judges, decision is by majority not by unanimity.

Appellant (the party who is appealing the Quebec Court of Appeal decision) vs. Respondent.

Approximate three-year time frame from the date the Quebec Court of Appeal rendered its judgment.

Hears the appeals from the Courts of Appeal of all provinces

7

Grouns for Appeal, Supreme Court of Canada

Lower court judge made a material error in interpreting the facts or the law

8

Right to Appeal

In all cases, only with permission from the Supreme Court of Canada.

As a general rule, the Supreme Court of Canada will respect the decisions of the Provincial Courts of Appeal.

The Supreme Court of Canada may hear a case where a new law, that the Supreme Court of Canada has not ruled on before, is at issue.

The Supreme Court of Canada may also hear cases involving issues of public order and national importance and those dealing with potential Charter of Human Rights infringements.

The amount of money in dispute is not, in and of itself, a relevant factor in deciding if the Supreme Court of Canada will hear a case