lecture recording on 07 February 2025 at 13.08.41 PM

Overview of Legal Procedures

• Public vs. Private Law

  • The distinction between public and private realms impacts criminal and civil procedures.

  • Public law involves state involvement in wrongdoings, while private law consists of non-criminal cases.

• Federalism

  • Refers to the distribution of powers among territories.

  • Post-Confederation, civil procedures were governed by provincial legislation, making them highly technical.

Importance of Academic Preparation

• Academic Success

  • Focus on completing assignments early for better grades and peace of mind.

  • Engage in legal student societies for networking and improving CVs.

  • Consider scholarships available in Ontario to ease financial burdens, allowing focus on studies.

• Experience

  • Traveling and studying at different universities broadens perspectives and enhances employability.

Understanding Civil Procedure

• Commencement of Action

  • Typically begins with an exchange of letters identifying grievances.

  • If unresolved, plaintiffs may bring actions to court, leading to a formal complaint process; since 1985, this is referred to as a "statement of claim."

  • Understanding the transition from writ of summons to statement of claim is critical in readings.

• Time Limits

  • Important to identify deadlines for filing actions to avoid dismissal of claims.

  • Commonly, a notice of action is issued, followed by a 30-day deadline for the statement of claim.

Key Terms in Civil Procedure

• Pleading

  • Involves the exchange of documents to establish the claim and defenses.

  • Key concepts include:

    • Et travers: Denial of alleged facts by the defendant.

    • Confession and avoidance: Admission with additional facts to exonerate the defendant.

    • Counterclaims: Defendants can present their claims against the plaintiff.

Discovery and Pre-Trial Resolution

• Purpose

  • Aims to alleviate uncertainties and encourage negotiations.

  • Pre-trial mediation may be required in various jurisdictions.

• Process

  • Discovery allows parties to exchange necessary documents and inspect relevant property.

  • Important note: Discovery processes in Ontario are limited; for claims under $100,000, only two hours are permitted.

Trial Procedure

• Trial Structure

  • Similar to criminal trials; plaintiffs present their cases and call witnesses, followed by cross-examination.

• Burden of Proof

  • Civil case standard: proof on the balance of probabilities (more likely than not).

  • This contrasts with the criminal standard: proof beyond a reasonable doubt.

Judgment and Execution

• Outcome Categories

  • A judgment may order a defendant to act or refrain from acting, or to pay damages.

  • Noncompliance can result in contempt of court or asset seizure.

• Cost Awards

  • In civil cases, cost recovery is not guaranteed for the successful party, often leading to financial burdens despite a favorable outcome.

Appeals

• Process

  • Either party may appeal to a provincial court or with leave to the Supreme Court of Canada.

  • Appeals generally review errors in law and fact but rarely consider new evidence.

Distinction and Interaction Between Public and Private Law

• Public Law

  • Involves regulation of legal matters affecting public interest, such as criminal law.

• Private Law

  • Deals with conflicts between individuals or entities and exists within the frameworks of contract law, property, and family law.

Understanding Contract Law

• Essence of Contracts

  • Contracts bind parties and create obligations; they do not require written agreements.

  • Essential elements include:

    • Offer

    • Acceptance

    • Intent to create legal relations

    • Consideration (value exchanged)

• Cultural Context

  • Contract law embodies a balancing act, reflecting individual freedoms and societal needs, rooted in historical rejection of collective ideologies that led to oppression.