Class Notes (1,000,000)
CA (610,000)
Western (60,000)
MOS (2,000)
Lecture 2

Management and Organizational Studies 2275A/B Lecture Notes - Lecture 2: Criminal Law Of Canada, Arbitration, Class Action


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
James Hildebrand
Lecture
2

This preview shows pages 1-3. to view the full 10 pages of the document.
Real estate law
-
Contract law
-
Property law
-
Family law
-
Person doing the suing is the plaintiff
-
In ONTARIO the substantive law --> common law jurisdiction
-
All private law is codified in a single statue
Came from Napoleonic Code which came from Roman Law
§
The Quebec Civil Code
Therefore as far as private law is concerned there is no common law
Quebec can do this because of the separation of powers
Quebec is the civil code jurisdiction**
-
Civil Law = Private Law
Criminal Law
-
Public Law:
How you do something
-
Substantive Law is what you get and procedural is how you get it
-
In Ontario most of our civil law is based on common law and precedence
-
In Quebec judges decisions don’t have to be consistent since they don't use common law only the civil code
-
Procedural Law:
Section 91: Federal (list of all the areas in which the federal government has the power to make
laws --> in relation to criminal law, shipping and navigation, fisheries, trade and commerce, banking)
§
Section 92: Provincial (property and civil rights --> private law) every province has the jurisdiction to
make their own private/civil law
§
Sets up the way that Canada will be managed (as a colony of the UK)
Created Canada as a colony
Lincoln just passed a law saying that Canada could join the US as a state
§
Just after the American Civil Law
1867 = when the British North America Act (BNA) Law was passed in England
-
Still an act of the British Parliament where Britain release their authority to make any legislation or govern
Canada
Wanted to get the ability to change our own constitution
Drafted the legislation and they had to give permission
1982 = The Canada Act
-
Amending formula 6/7 provinces and 50% of the population
Limits the governments power -can't just change it at it's will
Entrenched: You can only amend the charter with the amending formula (unlike all other legal
documents or pieces of legislation)
§
Provinces can use it to opt out of federal decisions
Ford vs. Quebec --> Official language of signs and what not is French not English in Quebec
Have to evoke this is you don't want a particular clause of the section of the rights and freedoms
to apply
Only good for 5 years before you have to repass it
Reluctant to use it because its so controversial since it goes against someone that protects our
civil rights
Section 33: The Not-Withstanding Clause
§
The Charter of Rights and Freedoms (gives the SCC the right to decide if laws passed by the provincial or
federal government pass a law that is unconstitutional)
1982 = Constitution Act
-
After the WWII and the holocaust -Germany brutalized it's own citizens
Globally people began to recognize that governments can be horrible so they wanted a legal protection and
a way to limit their activity on individual rights
1960 = Canadian Bill of Rights
-
The Canadian Constitution:
Cannon Law: Law that comes from the church
Criminal Law: In Canada once someone is charged it is the crown that follows through in court and the person done
harm to is just the primary witness of the crown
Law of Merchant: Laws that came from guilds when they would decide what the rules of commerce would be
Civil code can be updated immediately unlike common law and can reverse or tweak any decisions
-
The problem has been considered many times so we know its a more 'right' answer
Common law is an extensive debate to get to the right answer
-
Civil Code vs. Common Law:
Quasi legal --> has a legal effect
§
Done so it doesnt clog up the system
§
Don't need to be represented -can do it yourself
§
A lot faster
§
Administrative tribunal
Authority is prescribed and defined by the residential tenancy act
Can not do or make any decisions that aren't between the landlord and tenant
Max is $25,000 that one can get
Go to the LTB (Landlord and Tenant Board) if there is a problem
-
Social Benefits Tribunal
-
Helps offload from the court system since its slow and very expensive
-
Administrative Law:
To get here you need to have leave (permission)a.
Binding on all other courtsb.
Supreme Court of Canada1.
Doesn't question the factsa.
Can only change the decision if there is a mistake of lawb.
Reason for decision becomes binding to Trial Courts and Divisional Courtc.
Ontario Court of Appeal2.
Lower court of appeala.
To get another appeal you have to get permission (leave) to appealb.
Reason for decision is binding to Trial Courtsc.
Divisional Court3.
Where you hear witnessesa.
Jury on these trials (Civil = 6, Criminal = 12, no legal knowledge, from the community, decide the facts = trier
of facts)
b.
Court of original jurisdictionc.
Judge is who is the 'Expert of Law'd.
Generally have an automatic right to appeale.
Decision isn't binding on anyonef.
Trial Court 4.
Court Systems:
Judicial Review: If you can find a mistake by an administrative official then you can get an appeal if there is no automatic
right of appeal
Rule 49: Encourages people to settle and prevents people to coming to court too often. If the other side offers to make a
payment and you
Statement of Claim: Draft a document when you are suing someone -other side drafts a statement of defense. These
are pleadings.
Costs Following the Cause: The losing party has to pay the winning party's losing fee's.
Don't want people going to court for frivolous law suits
-
Contingency Fees: 'If we don't win you don't pay us anything'
Ex. Against Lululemon, against a particular drug company
-
Class Action Law Suits: People that are the members of the same class that were affected in the same way -you only
need one representative for everyone. Effective tool for consumers to get legal regress without too much expense.
Someone can be in a much stronger bargaining position than you
Can negotiate with the other side (if the two sides get along)
-
Someone who facilitates the parties negotiation to resolve the dispute
Try and lead the two parities to a resolution they can both live with
Does not have any ability to make a binding order
Mediator
-
Arbitrator hears what both parties have to say and makes a binding decision
Doesn't matter if there is a power imbalance
Binding arbitration
-
Alternative Dispute Resolution: Alternatives to suing people:
Law suit = civil action
Things that are wrong that the law recognizes as something you can sue for
Private law
The law of private-wrongs --> actionable wrongs
-
Older torts
§
Trespassing (has to be done intentionally), unlawful confinement, assault, battery, defamation -->
something that would harm someone's reputation (libel -writing and slander -oral but the distinction
has been abolished), conversion (theft in the criminal code but conversion in tort, has to have the
intent to take someone's stuff and knew it belonged to others and knew they couldn't use it)
§
Are actionable per-say = you can sue just for the act (you don't have to prove that you harmed anyone
to win)
§
People would be afraid to say things otherwise if they weren't in privilege in these places
®
Defense for defamation --> Subject to an absolute privilege = no action will stand whether what
I said was malicious or not, only stands in things said in house of commons or provincial
legislature or things said in court
Defamation -if you can prove what you said is true the you're not liable (justification)
§
OJ Simpson -Criminally for Murder and was found not guilty/acquitted, the State has the
burden to prove it beyond reasonable doubt, was successfully sued civilly for the wrongful
death of the people,
®
Concurrent Liability -you can be liable in criminal and tort law -the same set of facts can get you
two separate suits
Assault (threaten to impose harm on someone) and Battery (the intentional application of force on
another without their consent -this is how the CC defines assault)
§
Nominal Damages -can be given as little as one dollar
§
Intentional
Unintentional
Defendant = Tort Feasor
-
Intro to Tort Law:
**Dont need to know the list of fundamental
freedoms
**Pg 20 of textbook
Nothing about labour arbitration*
Not much in chapter 3*
Lecture 2
Monday, January 11, 2016
6:45 PM

Only pages 1-3 are available for preview. Some parts have been intentionally blurred.

Real estate law
-
Contract law
-
Property law
-
Family law
-
Person doing the suing is the plaintiff
-
In ONTARIO the substantive law --> common law jurisdiction
-
All private law is codified in a single statue
Codified substantive rules of law
Came from Napoleonic Code which came from Roman Law
§
The Quebec Civil Code
Therefore as far as private law is concerned there is no common law
Quebec can do this because of the separation of powers
Quebec is the civil code jurisdiction**
-
Civil Law = Private Law
Criminal Law
-
Public Law:
How you do something
-
Substantive Law is what you get and procedural is how you get it
-
In Ontario most of our civil law is based on common law and precedence
-
In Quebec judges decisions don’t have to be consistent since they don't use common law only the civil code
-
Procedural Law:
Section 91: Federal (list of all the areas in which the federal government has the power to make
laws --> in relation to criminal law, shipping and navigation, fisheries, trade and commerce, banking)
§
Section 92: Provincial (property and civil rights --> private law) every province has the jurisdiction to
make their own private/civil law
§
Sets up the way that Canada will be managed (as a colony of the UK)
Created Canada as a colony
Lincoln just passed a law saying that Canada could join the US as a state
§
Just after the American Civil Law
1867 = when the British North America Act (BNA) Law was passed in England
-
Still an act of the British Parliament where Britain release their authority to make any legislation or govern
Canada
Wanted to get the ability to change our own constitution
Drafted the legislation and they had to give permission
1982 = The Canada Act
-
Amending formula 6/7 provinces and 50% of the population
Limits the governments power -can't just change it at it's will
Entrenched: You can only amend the charter with the amending formula (unlike all other legal
documents or pieces of legislation)
§
Provinces can use it to opt out of federal decisions
Ford vs. Quebec --> Official language of signs and what not is French not English in Quebec
Have to evoke this is you don't want a particular clause of the section of the rights and freedoms
to apply
Only good for 5 years before you have to repass it
Reluctant to use it because its so controversial since it goes against someone that protects our
civil rights
Section 33: The Not-Withstanding Clause
§
The Charter of Rights and Freedoms (gives the SCC the right to decide if laws passed by the provincial or
federal government pass a law that is unconstitutional)
1982 = Constitution Act
-
After the WWII and the holocaust -Germany brutalized it's own citizens
Globally people began to recognize that governments can be horrible so they wanted a legal protection and
a way to limit their activity on individual rights
1960 = Canadian Bill of Rights
-
The Canadian Constitution:
Cannon Law: Law that comes from the church
Criminal Law: In Canada once someone is charged it is the crown that follows through in court and the person done
harm to is just the primary witness of the crown
Law of Merchant: Laws that came from guilds when they would decide what the rules of commerce would be
Civil code can be updated immediately unlike common law and can reverse or tweak any decisions
-
The problem has been considered many times so we know its a more 'right' answer
Common law is an extensive debate to get to the right answer
-
Civil Code vs. Common Law:
Quasi legal --> has a legal effect
§
Done so it doesnt clog up the system
§
Don't need to be represented -can do it yourself
§
A lot faster
§
Administrative tribunal
Authority is prescribed and defined by the residential tenancy act
Can not do or make any decisions that aren't between the landlord and tenant
Max is $25,000 that one can get
Go to the LTB (Landlord and Tenant Board) if there is a problem
-
Social Benefits Tribunal
-
Helps offload from the court system since its slow and very expensive
-
Administrative Law:
To get here you need to have leave (permission)a.
Binding on all other courtsb.
Supreme Court of Canada1.
Doesn't question the factsa.
Can only change the decision if there is a mistake of lawb.
Reason for decision becomes binding to Trial Courts and Divisional Courtc.
Ontario Court of Appeal2.
Lower court of appeala.
To get another appeal you have to get permission (leave) to appealb.
Reason for decision is binding to Trial Courtsc.
Divisional Court3.
Where you hear witnessesa.
Jury on these trials (Civil = 6, Criminal = 12, no legal knowledge, from the community, decide the facts = trier
of facts)
b.
Court of original jurisdictionc.
Judge is who is the 'Expert of Law'd.
Generally have an automatic right to appeale.
Decision isn't binding on anyonef.
Trial Court 4.
Court Systems:
Judicial Review: If you can find a mistake by an administrative official then you can get an appeal if there is no automatic
right of appeal
Rule 49: Encourages people to settle and prevents people to coming to court too often. If the other side offers to make a
payment and you
Statement of Claim: Draft a document when you are suing someone -other side drafts a statement of defense. These
are pleadings.
Costs Following the Cause: The losing party has to pay the winning party's losing fee's.
Don't want people going to court for frivolous law suits
-
Contingency Fees: 'If we don't win you don't pay us anything'
Ex. Against Lululemon, against a particular drug company
-
Class Action Law Suits: People that are the members of the same class that were affected in the same way -you only
need one representative for everyone. Effective tool for consumers to get legal regress without too much expense.
Someone can be in a much stronger bargaining position than you
Can negotiate with the other side (if the two sides get along)
-
Someone who facilitates the parties negotiation to resolve the dispute
Try and lead the two parities to a resolution they can both live with
Does not have any ability to make a binding order
Mediator
-
Arbitrator hears what both parties have to say and makes a binding decision
Doesn't matter if there is a power imbalance
Binding arbitration
-
Alternative Dispute Resolution: Alternatives to suing people:
Law suit = civil action
Things that are wrong that the law recognizes as something you can sue for
Private law
The law of private-wrongs --> actionable wrongs
-
Older torts
§
Trespassing (has to be done intentionally), unlawful confinement, assault, battery, defamation -->
something that would harm someone's reputation (libel -writing and slander -oral but the distinction
has been abolished), conversion (theft in the criminal code but conversion in tort, has to have the
intent to take someone's stuff and knew it belonged to others and knew they couldn't use it)
§
Are actionable per-say = you can sue just for the act (you don't have to prove that you harmed anyone
to win)
§
People would be afraid to say things otherwise if they weren't in privilege in these places
®
Defense for defamation --> Subject to an absolute privilege = no action will stand whether what
I said was malicious or not, only stands in things said in house of commons or provincial
legislature or things said in court
Defamation -if you can prove what you said is true the you're not liable (justification)
§
OJ Simpson -Criminally for Murder and was found not guilty/acquitted, the State has the
burden to prove it beyond reasonable doubt, was successfully sued civilly for the wrongful
death of the people,
®
Concurrent Liability -you can be liable in criminal and tort law -the same set of facts can get you
two separate suits
Assault (threaten to impose harm on someone) and Battery (the intentional application of force on
another without their consent -this is how the CC defines assault)
§
Nominal Damages -can be given as little as one dollar
§
Intentional
Unintentional
Defendant = Tort Feasor
-
Intro to Tort Law:
**Dont need to know the list of fundamental
freedoms
**Pg 20 of textbook
Nothing about labour arbitration*
Not much in chapter 3*
Lecture 2
Monday, January 11, 2016 6:45 PM

Only pages 1-3 are available for preview. Some parts have been intentionally blurred.

Real estate law
-
Contract law
-
Property law
-
Family law
-
Person doing the suing is the plaintiff
-
In ONTARIO the substantive law --> common law jurisdiction
-
All private law is codified in a single statue
Codified substantive rules of law
Came from Napoleonic Code which came from Roman Law
§
The Quebec Civil Code
Therefore as far as private law is concerned there is no common law
Quebec can do this because of the separation of powers
Quebec is the civil code jurisdiction**
-
Civil Law = Private Law
Criminal Law
-
Public Law:
How you do something
-
Substantive Law is what you get and procedural is how you get it
-
In Ontario most of our civil law is based on common law and precedence
-
In Quebec judges decisions don’t have to be consistent since they don't use common law only the civil code
-
Procedural Law:
Section 91: Federal (list of all the areas in which the federal government has the power to make
laws --> in relation to criminal law, shipping and navigation, fisheries, trade and commerce, banking)
§
Section 92: Provincial (property and civil rights --> private law) every province has the jurisdiction to
make their own private/civil law
§
Sets up the way that Canada will be managed (as a colony of the UK)
Created Canada as a colony
Lincoln just passed a law saying that Canada could join the US as a state
§
1867 = when the British North America Act (BNA) Law was passed in England
-
Still an act of the British Parliament where Britain release their authority to make any legislation or govern
Canada
Wanted to get the ability to change our own constitution
Drafted the legislation and they had to give permission
1982 = The Canada Act
-
Amending formula 6/7 provinces and 50% of the population
Limits the governments power -can't just change it at it's will
Entrenched: You can only amend the charter with the amending formula (unlike all other legal
documents or pieces of legislation)
§
Provinces can use it to opt out of federal decisions
Ford vs. Quebec --> Official language of signs and what not is French not English in Quebec
Have to evoke this is you don't want a particular clause of the section of the rights and freedoms
to apply
Only good for 5 years before you have to repass it
Reluctant to use it because its so controversial since it goes against someone that protects our
civil rights
Section 33: The Not-Withstanding Clause
§
The Charter of Rights and Freedoms (gives the SCC the right to decide if laws passed by the provincial or
federal government pass a law that is unconstitutional)
1982 = Constitution Act
-
After the WWII and the holocaust -Germany brutalized it's own citizens
Globally people began to recognize that governments can be horrible so they wanted a legal protection and
a way to limit their activity on individual rights
1960 = Canadian Bill of Rights
-
The Canadian Constitution:
Cannon Law: Law that comes from the church
Criminal Law: In Canada once someone is charged it is the crown that follows through in court and the person done
harm to is just the primary witness of the crown
Law of Merchant: Laws that came from guilds when they would decide what the rules of commerce would be
Civil code can be updated immediately unlike common law and can reverse or tweak any decisions
-
The problem has been considered many times so we know its a more 'right' answer
Common law is an extensive debate to get to the right answer
-
Civil Code vs. Common Law:
Quasi legal --> has a legal effect
§
Done so it doesnt clog up the system
§
Don't need to be represented -can do it yourself
§
A lot faster
§
Administrative tribunal
Authority is prescribed and defined by the residential tenancy act
Can not do or make any decisions that aren't between the landlord and tenant
Max is $25,000 that one can get
Go to the LTB (Landlord and Tenant Board) if there is a problem
-
Social Benefits Tribunal
-
Helps offload from the court system since its slow and very expensive
-
Administrative Law:
To get here you need to have leave (permission)a.
Binding on all other courtsb.
Supreme Court of Canada1.
Doesn't question the factsa.
Can only change the decision if there is a mistake of lawb.
Reason for decision becomes binding to Trial Courts and Divisional Courtc.
Ontario Court of Appeal2.
Lower court of appeala.
To get another appeal you have to get permission (leave) to appealb.
Reason for decision is binding to Trial Courtsc.
Divisional Court3.
Where you hear witnessesa.
Jury on these trials (Civil = 6, Criminal = 12, no legal knowledge, from the community, decide the facts = trier
of facts)
b.
Court of original jurisdictionc.
Judge is who is the 'Expert of Law'd.
Generally have an automatic right to appeale.
Decision isn't binding on anyonef.
Trial Court 4.
Court Systems:
Judicial Review: If you can find a mistake by an administrative official then you can get an appeal if there is no automatic
right of appeal
Rule 49: Encourages people to settle and prevents people to coming to court too often. If the other side offers to make a
payment and you
Statement of Claim: Draft a document when you are suing someone -other side drafts a statement of defense. These
are pleadings.
Costs Following the Cause: The losing party has to pay the winning party's losing fee's.
Don't want people going to court for frivolous law suits
-
Contingency Fees: 'If we don't win you don't pay us anything'
Ex. Against Lululemon, against a particular drug company
-
Class Action Law Suits: People that are the members of the same class that were affected in the same way -you only
need one representative for everyone. Effective tool for consumers to get legal regress without too much expense.
Someone can be in a much stronger bargaining position than you
Can negotiate with the other side (if the two sides get along)
-
Someone who facilitates the parties negotiation to resolve the dispute
Try and lead the two parities to a resolution they can both live with
Does not have any ability to make a binding order
Mediator
-
Arbitrator hears what both parties have to say and makes a binding decision
Doesn't matter if there is a power imbalance
Binding arbitration
-
Alternative Dispute Resolution: Alternatives to suing people:
Law suit = civil action
Things that are wrong that the law recognizes as something you can sue for
Private law
The law of private-wrongs --> actionable wrongs
-
Older torts
§
Trespassing (has to be done intentionally), unlawful confinement, assault, battery, defamation -->
something that would harm someone's reputation (libel -writing and slander -oral but the distinction
has been abolished), conversion (theft in the criminal code but conversion in tort, has to have the
intent to take someone's stuff and knew it belonged to others and knew they couldn't use it)
§
Are actionable per-say = you can sue just for the act (you don't have to prove that you harmed anyone
to win)
§
People would be afraid to say things otherwise if they weren't in privilege in these places
®
Defense for defamation --> Subject to an absolute privilege = no action will stand whether what
I said was malicious or not, only stands in things said in house of commons or provincial
legislature or things said in court
Defamation -if you can prove what you said is true the you're not liable (justification)
§
OJ Simpson -Criminally for Murder and was found not guilty/acquitted, the State has the
burden to prove it beyond reasonable doubt, was successfully sued civilly for the wrongful
death of the people,
®
Concurrent Liability -you can be liable in criminal and tort law -the same set of facts can get you
two separate suits
Assault (threaten to impose harm on someone) and Battery (the intentional application of force on
another without their consent -this is how the CC defines assault)
§
Nominal Damages -can be given as little as one dollar
§
Intentional
Unintentional
Defendant = Tort Feasor
-
Intro to Tort Law:
**Dont need to know the list of fundamental
freedoms
**Pg 20 of textbook
Nothing about labour arbitration*
Not much in chapter 3*
Lecture 2
Monday, January 11, 2016 6:45 PM
You're Reading a Preview

Unlock to view full version