REAL 1850

What is the definition of law?

a structured system used to regulate behaviour, resolve disputes, allocate power, and define rights and responsibilities within society

What does residential tenancy law reflect?

social values, economic policy, and political choices

What are the two primary legal traditions that Canada operates under?

common law and civil law

Which provinces follow the common law tradition for private law matters and which ones follow a civil law system for private law matters?

All provinces follow the common law tradition except Quebec

What is common law?

judge-made law that develops through judicial decisions over time, creating consistency and predictability

What is civil law?

a system that is based on a comprehensive written code rather than judicial precedent. legislation is the primary source of law

What 3 primary sources does law come from in Canada?

legislation (statutes), common law, equity

What is legislation?

laws enacted by Parliament or provincial legislatures

What is public law?

governs relationships between individuals and the crown/state (eg. criminal law, constitutional law)

What is private law?

governs relationships between individuals or private entities (eg. contract law, tort law, business law)

What are tenancy rights and obligations shaped by?

constitutional divisions of power, statutory authority, and the structure of courts and administrative tribunals

What are the two levels of government that legislative authority is divided between?

federal government and provincial government