Civil Litigation, Tort Law, and Alternative Dispute Resolution

Comprehensive vocabulary flashcards covering Alternative Dispute Resolution (ADR), Tort Law, Civil Litigation procedures, and the Canadian court hierarchy based on lecture notes.

Alternative Dispute Resolution (ADR)

Methods of resolving disputes outside of court that are cheaper, quicker, more private, less stressful, maintain amicability, and allow for more control.

Negotiation

An ADR format where the parties come to their own resolution.

Mediation

A less formal ADR format where a mediator recommends a solution.

Arbitration

A more formal ADR format where an arbitrator decides the outcome.

Tort

A harm committed by one party against another, where the legal goal is to compensate the victim through remedies or damages.

Tortfeasor

The defendant who commits a harm against a victim (plaintiff).

Remedy or Damages

Compensation awarded to a victim in tort law, consisting of money or equitable remedies.

Intentional Tort

A type of tort where the person meant to do the act that caused the harm.

Unintentional Tort (Negligence)

A type of tort where the action that caused the harm was accidental.

Business Exposure

Actions that make a business vulnerable to legal claims.

Common Law (Case Law)

The law of precedent developed in court where judges apply case facts to statutes, interpret statutes, and make rulings that create binding precedent.

Precedent

A legal principle established by higher court decisions that lower court judges must follow for cases with similar facts.

Litigation

The process to resolve a dispute in court.

Lawsuit

A dispute between two or more parties brought before a civil court in which a plaintiff sues a defendant.

Balance of Probabilities

The civil standard of proof requiring the plaintiff to prove that something was more likely to have occurred than not.

Action

Another term for a lawsuit, claim, or matter brought before a civil court.

Pleadings

The formal filing documents exchanged by the parties in a lawsuit, such as the statement of claim and statement of defence.

Statement of Claim

A pleading completed by the plaintiff and served on the defendant that tells their side of the story and states what remedy they are asking the judge for.

Summary Judgement

A judgment granted when the defendant fails to provide a response within the mandatory 20-day deadline.

Statement of Defence

A pleading completed by the defendant that tells their side of the story and outlines where they agree or disagree with the plaintiff, establishing the focus of the lawsuit.

Counter-Claim

A claim where the defendant files a lawsuit against the plaintiff.

Cross Claim

A claim where defendants sue each other or sue a business partner within the same litigation.

Application (Civil Litigation)

A request filed by either the plaintiff or defendant asking the court to make small decisions or orders to move litigation forward.

Costs

Money paid to the winner in court (less than $1000$) intended to deter bad behaviour during proceedings.

Discovery

The pre-trial stage of litigation involving gathering and receiving or reviewing evidence, as well as questioning witnesses through statements and testimony.

Interrogatories

Written questioning used to obtain statements and testimony during the discovery phase.

Examination and Cross-Examination

Verbal questioning during discovery, where examination is conducted with one's own side and cross-examination is conducted with the opposing side.

Trial

The formal hearing of a court case before a judge where a final decision or ruling is made; the last step of litigation.

Settlement

A mutually acceptable resolution of the dispute agreed upon by both parties, which can occur at any point in the litigation process.

Statute of Limitations (2-Year Rule)

The legal time limit requiring the plaintiff to file a lawsuit within 2 years from the last day of harm or from when the defendant is known.

Statute of Limitations (10-Year Rule)

The rule requiring that all litigation, including all levels of appeal, must be completed within 10 years.

Jurisdiction

The legal and geographic authority designating where a lawsuit takes place.

Change of Venue Application

A motion to change where the trial takes place, evaluated by considering where the parties live, where the business is located, where the harm took place, and the contract terms.

Appeals

Proceedings brought to a higher court when a party believes there was a mistake of fact or law; no new evidence is permitted.

Leave to Appeal

Formal permission granted ('yes') or denied ('no') by the Supreme Court of Canada to hear an appeal.

Supreme Court of Canada

The highest appeal court in Canada whose precedents apply to all of the country, hearing only cases of national importance via leave to appeal.

Provincial Trial (Small Claims) Court

The provincial court level where civil lawsuits involving monetary claims under $25{,}000$ start.

Provincial Superior Court

The provincial court level where civil lawsuits involving monetary claims over $25{,}000$ start.

Federal Court

The court where federal lawsuits concerning the federal government and federal regulations start and evidence is introduced.

Administrative Tribunals

Provincial or federal administrative bodies that resolve specific disputes in a manner that is less formal and less expensive than courts.