Class One - General Considerations

Three steps to Risk Management

(1) Identificatoin, (2) Evaluation and (3) Response

Forms of Risk Management

Avoidance, Reduction, Shifting, Acceptance

Law is what?

Dynamic set of rules and regulations that govern behaviour and maintain order in society

Order of Sources of Law

(1) Constitution

(2) Statute

(3) Common Law

The Constitution

• includes Charter of Rights and Freedoms

• Federalism: division of powers

Challenging the Validity of a Statute

• can argue smthn isn’t w/in juristdiction of relevant government

• can argue it vioaltes Charter

• can argue interpretaion of legislation

Case Law

• favours past decisions/reasons

• influences judge decisions of similar cases

Stare Decisis

• to stand by a previous decision

• PURPOSE: continuity and consistency

Civil Law

• differs from legal system, based on the Civil Code

Role of Courts

• determine validity and interpret legislation

• protect civil liberties

• develope case law and resolve disputes

Court Structue (Ontario)

• trial level

• appeal —> appellate court(s)

  • review/check for error of law / of fact

Rules of Civil Procedure

1. Statement of Claim

2. Serve Statement of Claim

3. Statement of Defence

4. Sounterclaims/Cross-Claims/3rd-Party Claims

5. Affidavit (sworn statement) of documents

6. Examination for discovery

7. Motions

8. Seeting down for trial

9. Trial

Civil Action

• Brining a claim

• Defending a claim

• Discovery

• Seeting down for a trial

• Pre-trail conference

• Trial

Limitation Period(s)

• Contract/Tort: within 2 yrs

• Land: 20 yrs

• Sueing City: 7 days

Alternative Dispute Resolution

• Negotiation, Meditaion and Arbitration

Negotiation

Two businesses settle a contract dispute

Mediation

A mediator helps resolve a lease dispute

Arbitration

Companies resolve a commercial dispute

Class Action - Concept

Multiple claims against a single defendant are combined into one action to share the costs of litigation

Class Action - Requirements

• Common Issues: shared among all calss members

• Representative Plaintiff: act in interest of all class members

• Notification: inform all potential class members

• Prefereable Procedure

• Cerification: court must approve to move forward as a class action

Costs - Concept

Losing parts pays legal costs of the winning party

Party and Party Costs

Based ona scale of fees, normally allocated based on seniority

Solicitar and Client Costs

Actual costs incurred

Contingency Fees

Lawyer’s fee is a percentage of the settlement or award

Rule of Law

• “Golden Rule”

• legal principles treat all persons equally, including the govenrment