Chapter 3

Question 1

Negotiation

Answer 1

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

Question 2

Mediation

Answer 2

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

Question 3

Arbitration

Answer 3

party makes a binding decision in the matter under dispute

Question 4

Limitation Periods

Answer 4

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

Question 5

Jurisdiction

Answer 5

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”

Question 6

Pleadings

Answer 6

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

Question 7

Remedies

Answer 7

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

Question 8

Enforcement

Answer 8

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