Civil Law

What is civil law?

In a civil case a lawsuit is used to solve a legal dispute between two or more parties.

Tort law

\

Civil law where a party is responsible for causing damage to another party as a result of deliberate of unintentional actions

Contract law

Law that regulates agreements between people or organizations

Family law

Laws that regulate relationships, rights, and responsibilities of people in families.

Wills and estates law

Laws that determine the division and distribution of property after a person dies

Property law

Laws that govern rights, responsibilities and ownership of property

Employment law

Laws that govern relationships and conditions in workplace

Intellectual property law

Laws that govern and protect original creative works, such as songs, inventions, literacy writing, copy rights patents and trademarks. artwork, etc

\
Burden of proof

Burden of proof in any case refers to party who must proof case using witnesses and evidence.

In a civil case it is plaintiff who must prove their claim and who therefore has burden of proof

Standard of proof

Amount of evidence required to prove a case

Verdict

In a civil case the law doesn’t consider issue of guilt, rather verdict of a civil case is to determine whether the defendant is or not liable to plaintiff

Plaintiff

Person that begins law suit

Defendant

Person getting sued who need to defend themselves

Class action lawsuit

Occurs when group of people have similar problem against the same defendant.

Outcome

In a civil case it primarily considers restitution (compensation) that the defendant has to pay for plaintiff

Judge

A judge is an elected or appointed official who conducts court proceedings. Judge must be impartial and strive to properly interpret the meaning. significant, and implications of the law.

Jury

Group of people to make findings of fact and render verdict for trial (guilty or not)

Mediator

Informal confidential flexible and non bringing

Arbitrator

Neutral third party that oversees alternative dispute resolution method of arbritation

Lawyer

Person who is qualified to advise people about the law and represent them in court

Tort law

Tort law is an important cornerstone of the Canadian legal system and provides a legal means to compensate people who have been injured by others’ wrongdoing.

Two types of torts

Unintentional Tort and Intentional Tort

\

Unintentional Torts

Unintentional Torts: if the personal injury to property is unintentional, then the civil wrong is called an “unintentional tort”. The most common kind of unintentional tort is called “negligence”.

Intentional Tort

If the personal injury or damage to property is intentional, then civil wrong is called “intentional tort”. Intentional torts come in many forms, including assaults on a person or damage to property.

\

Legal components of negligence

\
* The first legal component that the plaintiff must prove is that the defendant owed them a legal duty of care. 
* There are two ways in which a plaintiff can establish that the defendant owes them a duty of care: first, through a statutory duty of care, and second, through the neighbour principle.

**A statutory duty of care**

Sometimes, a law created by either the federal or provincial government (called a “statute”) establishes a legal duty of care between certain individuals or groups.

Example: Parents owe a legal duty of care to their children to ensure that they are not harmed by their parent’s actions.

**The neighbourhood principle**

The neighbour principle states that every individual owes a legal duty of care to anyone that they can reasonably foresee could be injured or harmed by their actions.

Difference between intentional and unintentional torts

the motive that lead to defendants actions

Assault and battery

Occurs when person intentionally threatens another person with bodily harm (psychical- contact not required for assault)

Battery

Intentional touching of someone without consent.

Defence to Assault and battery

Consent and defence

Defence of Others

When person uses threats or force to protect third party from harm

Defence of property

Lets property owner do reasonable force to remove someone who is trespassing

Legal authority

Sometimes people in state of authority like police officers are allowed to use reasonable force against individuals

Trespass to land

Land owners have right to decide who can go on land

Nuisance

Occurs when persons use of land is unreasonable and therefore interferes with neighbors enjoyment use of propety (smells, sight, ears)

Defamation

Untruthful statement that damages persons reputation and may cause financial loss

Types of defamation

Libel and Slander

Libel

When meida like letters pamphlets, news papers, magezines and websites contain inaccurate info

Slander

Occurs when individual makes inaccurate statements about another person using words sounds or gestures

Defence to defamation

Truth: If defendant can prove comments maade about plaintiff were true then it is a valid defence to tort of defmation even if plaintiff suffered loss

Absolute priviledge

Comments made in court require individual of being safe without fear of being sued

Qualified Priviledge:

Some people required to express opinions as part of their jobs. If comments made in good faith then defence will protect individual

Fair comment

Protects media critics who mke negative comments about people in our own society

Family Law

Governs all situations and regulates all family members legal rights as well as responsibilities to one another. Family laws have changed overtime. Some family laws are under federal governments control while others under provincial jurisdiction

Jurisiction of federal vs provincial governments

Federal government has jurisdiction over who is legally allowed to marry in country other requirements vary by province as provincial government may control marriage

Terminology for ending marriage

Death, divorce, annulment

Divorce

Judge terminates valid marriage and declares marriage ends

Annulment

Judge declarers marriage wasn’t valid

Legal requirements of marriage

Elements:

leg**a**l status

min age

prohibited relationships

mental capacity

valid consent

prior marriages

Legal status

Marriage has 3 possible statuses each have different meanings and legal outcomes

Valid

Marriages is legal, complies with all required laws and government will recognize individuals as legal spouses

Void

Marriage not legal. Doesn’t comply with one or more required laws

wVoidable

Marriage is legal but may be annulled if one spouse goes to court and states there is a problem with marriage legality

Minimum age

Age that a person must be to get married is up to provincial jurisdiction

People 16-17 can marry as long as written consent from parent is provided

Absence of prohibited relationship (Marriage act)

Can’t get married if closely related by blood, prevents parents passing down genetic conditions

\

Marriage act (who can’t marry)

Their parents or great grandparent

Their children, grandchildren

Siblings including adopted

Others are VALID

Mental capacity

Can’t marry if if they don’t have the mental capacity from things like intoxicating liquor or drugs

Valid consent

Marriage is legal contract that have to be agreed by borth people ofrom own free will

Arranged marriage

Both people agreed to allow someone to choose their partner to marry

Duress

Occurs when individual agrees to get married as they are feeling pressured to get married

Adultery

Occurs when one or both spouses cheat on their partner while married

Only the person who was cheated on can use cheating as reason for divorce. If adultery used to prove marriage breakdown court can grant divorce (no waiting period)

Cruelty

Can be used to prove marriage breakdown if spouse can prove partner is mentally or phsyically abusing parter.

Living seperate

Most common way of proving marriage breakdown. Living separate and apart for at least one year. Must be a year over when moved out is when you can divorce.

Federal jurisdiction

Control over divorce called divorce act

Provincial jurisdiction

Governs property and civil rights

Divorce in canada

\
The spouses must be legally married (as opposed to having a common-law or less formal relationship).

One or both must have lived in Canada for at least one year before

* There must be an intention by one or both spouses to permanently separate their spouse and the belief that there is no chance of them getting back together as a couple.

Bars to divorce in Canada

\
**Collusion**

**Condonation:**

**Connivance:**

Union

\
A union is an organized group of workers who come together to achieve common goals in the same workplace.

Represents collective interests of its members and will engage in certain tasks, such as negotiating contracts and assisting workers who have a dispute with their employer.

In return, the employees who are part of the union must pay dues (money) to cover expenses that the union incurs, including salaries and strike pay (should this situation arise).

If you accept employment in a workplace that has a union and your specific job is one to which the union applies, you generally do not have a choice regarding whether to join the union or not: your terms of employment will make it mandatory that you become a union member.

\

\
**Starting a union in a workplace in Ontario**

The union must apply to the Ontario labour Relations Board to notify the board of its intentions. The document used to start this process is called an “application for certification”, and it is required by law that a copy of it be provided to the employer.

\

\
**Step 1 in certification process**

The bargaining unit is the group of workers who will become union members. In describing the bargaining unit, the union must list the following information in the application for certification:

\
* Employee positions that will be included in the union (for example, all teachers or all nurses or all employees who work on the assembly line, etc.)
* The approximate number of people who would be part of the bargaining unit.
* A list of names of the people who would be part of the bargaining unit.

Managers not allowed to be part of it

\
**Step 2 in the certification process**

Once the Ontario Labour Relations Board receives the application for certification, it must determine the proportion of workers in that workplace that want to belong to the union.

* If the proportion of workers is higher than 55%, the board may certify the union right away, without requiring a vote.

\
Employers may not want a union to enter their business. However, they are not allowed to interfere with the certification process.

\

\
**Collective Agreement:**

Members of a union do not have individual contracts with the employer. Instead, one contract exists that governs the relationship between the employer and all employees who are in the bargaining unit represented by the union. The name given to this contract is “collective agreement”.

\
Once a contract has been accepted, neither is permitted to make any changes to the collective agreement without the written consent of the other.

\
**Collective Bargaining**

Collective bargaining is defined as the process of negotiation of a contract between an employer and the union representing the workers in the bargaining unit.

\
The purpose of the collective bargaining is to reach an agreement about the labour conditions for the bargaining unit. If an agreement is not reached, tactics might be used by either side to persuade the other to meet the proposed terms that were initially rejected.

\
Legislation for collective bargaining

The right to collective bargaining is protected under federal and provincial legislation, but is not protected under the Canadian Charter of Rights and Freedoms. Therefore, the government can pass laws to restrict the collective bargaining process, including legislation to prevent or end strikes.

\n

Contract Law

**Contracts are agreements between people and/or organizations.** People enter into contracts everyday, without even realizing it. Usually when you purchase a ticket for a bus ride, buy a chocolate bar & pay money to a movie theater.

\
All contracts are agreements but not all agreements are contracts. 

\

Agreements

\
Sometimes, agreements that are made create only social or moral obligations, and cannot be enforced by the legal system. For example, agreeing to marry someone does not create a legal contract; it is simply an agreement between the engaged couple. 

Valid contract

\
For a contract to be valid, certain essential elements must be present.

\
There are five legal requirements that must be present in all valid contracts. They are the following:

\
* Offer and Acceptance
* Consideration
* Capacity
* Consent
* Lawful Purpose

Importance of terms of the offer

In order for an offer to be legally valid, all of the essential terms must be included. The offer must be clear, precise, and complete in order for it to constitute an actual offer. The law states that an offer occurs when all of the terms are presented by one of the parties so that the only thing the other person needs to do is to state, “I accept.” If there are still questions about understanding, then the offer is incomplete and invalid. 

\
Both parties - the offeror and the offeree - must fully understand the proposal being made. When it occurs, it’s said that both parties have a “meetings of the minds,” which means that both the offeror and then offeree understand the offer being made in the same way.

\
Serious Intent To Make An Offer

\
A second necessary element of the offer is that it must be presented with serious intent. In other words, if the offer is made as a joke or in anger, it will not be considered valid. 

\
Termination of an offer

**Withdrawal of an offer:** The offer can be withdrawn at any time before the offeree accepts it. The offeree must receive the revocation of the offer for it to be effective.

\
**A counter-offer is made:** A counter-offer (i.e., the offeree rejects the original offer but then proposes an alternative offer to the other party) is considered a rejection of the original offer and therefore legally terminates the initial offer.

\
**A time period is specified:** The offer may stipulate that it is only valid for a certain period of time or until a certain date. If the offeree does not accept the offer within the specified time, the offer will automatically come to an end. In this situation, the offer is considered to lapse.

\
**Time period is not specified:** If an offer does not include a specified end date, it will remain open for a reasonable period of time, after which time the offer will lapse and come to an end.

\

Acceptance

\
* For acceptance to be valid, the offeree’s intention to be bound by the contract must be communicated to the offeror. The manner in which the acceptance is communicated may be important.
* **Communicating acceptance:** A contract will not be formed until acceptance of the offer is communicated to the offeror. The offeror may determine the method of communicating acceptance, which they may require to be in a particular form (e.g., a letter, an email, a fax, a text, in person, etc.)
* **Acceptance by mail**

\
**Capacity** 

\
* In order to enter a legal contract all of the parties must have the legal capacity to do so.

\
**Minors**

* Any person under the age of majority is considered a minor. As you learned earlier, in Ontario, the age of majority is 18. The law of contracts relating to minors depends on the agreement's particular circumstances. In order to examine contract law with respect to minors, you will need to recall the terminology you learned in the learning activity on family law:

\- Valid: The contract is legally enforceable.

\- Void: The contract is not legally enforceable.

\
\- Voidable: The contract may be legally enforceable, depending on the circumstances.

\
**Adults Who are Mentally Incapacitated**

\
Adults whose mental capacity is impaired - either by a substance like drugs or alcohol, or by a disability or illness - are treated in a similar way to minors.

Strikes and lockout

The following are two possibilities that may occur when a collective bargaining process has failed:

\
A strike: The workers withdraw their services either fully, by completely refusing to work, or partially, by going on “work to rule”. Work to rule means that the employees will only provide partial services.

\
A lockout: The employer refuses to allow workers entry to the workplace; therefore, the employees are not able to perform their jobs.

\
Before the strike occurs, the members of the bargaining unit will vote on whether or not they want to abandon the job. If the majority of members votes in favour of a strike, then all of the employees must go on a strike, even if they voted against it individually. 

\

\
**What happens during a strike or lockout**

\
During strikes and lockouts, employees do not receive a salary, but the employer's business is also likely to suffer because the work is not being performed. The union will pay the members on strike an amount of money called “strike pay”, but this is usually less than the worker’s regular salary and is paid for out of union dues that have been deducted from the employee’s salary.

\
**Can employers fire employees who are on a legal strike?**

\
Employers cannot fire or discipline employees who are on a legal strike. In most instances, employers are also not permitted to hire replacement workers - people who are not regular employees - to carry out the duties of the workers on strike. Replacement workers are allowed if it is deemed necessary for health or safety reasons, or in emergency situations.

Picketing

When workers congregate together and try to raise awareness of their cause to gain public support often using signs and chanting

Two types of picketing

Primary and secondary

Primary Picketing

Take place at employers business site. Has to be peaceful and only allowed outside entrance and exits

Secondary picketing

Can’t picket at other locations like other businesses or where the employer sells products or buys material from. Secondary picketing is illegal

Collusion

Agreement between both spouses to lie or deceive court to divorce

Condonation

Occurs when one spouse forgives another for an act but is used as a reason for divorce

Connivance

One spouse encourages other to commit act that would have a reason to prove marriage breakdown