1)Supreme Court of Canada

2)Provincial Court of Appeal------2)Federal Court of Appeal

3)Provincial/Territorial Superior court ------3)Federal Court

4)Provincial Court(small claims)------------------4)Tax Court

BC Provincial Court(small Claims)

• hears civil matters up to $25,000
• hears some family law matters
• hears some criminal matters

• hears civil matters over $25,000
• hears some family law matters
• hears some criminal matter

• In most cases this is the court of last resort

• If an error in law or procedure is established an appeal will be successful

• Generally will only consider questions of law and not questions of fact

• An appeal is not a new trial

• Similar to provincial Superior Courts except it hears disputes that fall within the federal powers: copyrights, patents, federal lands or money, federal government contracts, etc.)
• Has both a trial and appellate division

 Supreme Court of Canada

• Highest Court in Canada

• Strictly an appellate court

• Leave to appeal must be granted and will be considered only if the case has some ‘national significance

• Hears both criminal and civil cases

• Nine judges appointed by the Gov. of Canada

Chief Justice Beverley McLachlin

Lebel

Fish

Abella

Rothstein

Cromwell

Moldaver

Karakatsanis

Wagner

• Family law courts

• Youth justice courts

• Surrogate or probate courts

• Drug treatment courts

• Domestic violence courts

• Aboriginal Courts

• Tax Court

-Legal Authority and scope of power,

-constitution act 1867 gave federal or provincial governments jurisdiction to create laws.

 generally speaking it will be the geographic area where the dispute or event took place

Civil=balance of probabilities

Criminal=beyond a reasonable doubt

1.Determine jurisdiction

2.Plaintiff files Notice of Claim (aka Statement of Claim)

3.Defendant files a Reply (aka Statement of Defence) and perhaps a counterclaim

4.Perhaps there is an application for directions or other interim applications

5.Process of discovery

a)Document discovery

b)Examination for discovery

6.Perhaps there is an offer to settle

7.Pre-trial conference

8.Perhaps there is mediation

9.Trial (plaintiff’s case, defendant’s case, rules of evidence)

10.Judgment (decisions, reasons, remedies* and costs)

11.Enforcement of judgment

a court action must be brought within a specific time period.

• new British Columbia Limitation Act, SBC 2012

If the plaintiff (“judgment creditor”) wins:

• Seizure and sale of the judgment debtor’s property (but not the ‘necessities of life’ which are exempt from seizure)

• Garnishment (attachment of debt) of wages or bank accounts

A legal action undertaken by one or more plaintiffs on behalf of themselves and all other persons have an identical interest in the alleged wrong.

Government agencies including ministries, departments, boards, commisions, agencies, tribunals, and individual bureucrats at the federal, provincial, and municipal levels.

examples:labor relations board,human rights commisions, workers compensation boards, utilities commision

• Negotiation – the disputing parties work things out themselves

• Mediation – when a neutral third party assists the parties in coming to resolution on their own

• Arbitration – when a neutral third party makes a binding decision in the dispute

Advantages of ADR vs. Litigation:

 Less delay

• Less distraction

• Less expensive

• Risk of adverse judgment reduced

• Good relationship can be maintained

• More flexibility

• Can resolve international conflicts

Disadvantages of ADR vs. Litigation:

• Cannot ensure fair hearing

• Does little to overcome power imbalance

• Cannot ensure consistent outcomes

• Decisions are usually not appealable

Negotiation

 Usually tried first

• Parties can withdraw at any time

• Requires cooperation and compromise

• Representatives may conduct negotiation

• Relationship may be enhanced

• May be conducted “without prejudice”

Mediation

Neutral third party assists in decision making, but does not make decision

• Mediator finds common ground

• Mediators are trained

• Works well when there is confidential information that one or both parties do not want disclosed in a lawsuit

• Requires willingness to act in good faith and an equal balance of power