PROC 124 Lecture Notes - Lecture 13: Declaratory Judgment, Contingent Liability, Canadian Human Rights Act
24 Jan 2018
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Document Summary
It is possible for 2 different courts to have jrsd at the same time over 2 actions that are very similar (that come close to overlapping completely in terms of: parties, subject-matter, etc. Quebec"s approach: qc"s approach illustrates the rigid rules-based approach developed in cvl jrsd (whereas. Ont approach isn"t rules-based, isn"t strict and grants extensive discretion to judges to determine on a case-by-case basis in a situation of parallel proceedings: exception de litispendance, codified at art. Legal dimension can"t be limited on statutes on which the claims are based bc that leads to an unsatisfactory result: no. Identity of causes of action can"t be limited to mere factual occurrences. An accident can lead to civil & criminal proceedings it would be nonsensical to say that in both civil & criminal cases, the same cause of action is at issue.
