4 - Resolution of Disputes & The Courts and Litigation

Litigation

Legal matter which has the potential to go to court. Procedural laws ensure that a hearing will be fair

Publication Ban

Any identifying info about a party cannot be released to the public

in camera

closed hearings

Trial Court

Single judge courts (or jury). They receive evidence from witness testimony or witness statements

Criminal Trials

• Parties: Crown v. Accused

• Onus of Proof: Crown prosecutor

• Burden of proof: Proof beyond a reasonable doubt (undoubtedly committed the crime)

• The accused is found guilty of not guilty (acquited)

Civil Trials

• Parties: Plaintiff v. Defendant

• Onus of Proof: Plaintiff must prove liability

• Burden of Proof: Proof on a balance of probabilities (defendant probably caused the injury)

Criminal Burden of Proof

Greater burden due to grave consequencs and inequality of parties

Civil Burden of Proof

Lesser burden due to lesser consequences; parties more evenly balanced

Appeal Courts

• Parties: Appellant v Respondent

• Hear appeals of previous decisions.

• Reviewed by only looking at the evidence presented in the trial court.

• You must apply (called leave).

• Only questions of law may be presented

Process of Appeal Court

Review the transcript of the trial, review the trial judges reasons for decisions, hears verbal submissions from a lawyer and reviews written arguments

Alberta Court of Appeal

• Highest court in Alberta

• Hears appeals

• No new witness testimony, no new exhibits entered

• Panel of justices

Court of King’s Bench

• Alberta’s superior trial court

• Has unlimited trial jurisdiction (can hear any type of trial)

• Can grant divorce

• Mainly trials but can hear appeals from lower courts

• Judge alone or judge and jury

Provincial Court of Alberta - Alberta Court of Justice

• Exclusively a trial court

• Jurisdiction is limited by the Court of Justice Act

• Cannot deal with certain matters such as, defamation suits, malicious prosecution actions, wills and estate litigation and grant divorce

Court of Justice Act

Creates five courts of Alberta’s Court of Justice, each with distinct jurisdiction

Criminal Court

In the Alberta Court of Justice, and deals with most criminal charges

Traffic Court

In the Alberta Court of Justice and deals with traffic violations under the Traffic Safety Act (non-criminal offences)

Youth Court

In the Alberta Court of Justice and deals with criminal charges against youth

Family Court

In the Alberta Court of Justice, and deals with the “before and after” divorce court (custody and maintenance) and child welfare matters

Civil Court

In the Alberta Court of Justice and deals with debt claims and damage claims - if within the Courts $100 000 monetary jurisdiction. Also called small claims court

Federal Courts

• Federal Court of Appeals

• Federal Court

• Tax Court of Canada

Federal Court of Appeals

An appeal court hearing appeals from the lower federal courts

Federal Court

A trial court hearing disputes that fall within the federal sphere of power

Tax Court of Canada

A trial court hearing disputes concerning federal tax matters