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Department
Business Administration
Course
BUS 393
Professor
Shafik Bhalloo
Semester
Winter

Description
Chapter 3THE RESOLUTION OF DISPUTES THE COURTS AND ALTERNATIVES TO LITIGATIONCANADAS COURTSprocedural laws ensure that the hearing will be fair that all litigants have equal access to the courts and that parties have notice of an action against them and opportunity to replyTrials are generally open to the publico the principle is that justice not only must be done but also must be seen to be done no matter how prominent the citizen and no matter how scandalous the acyion the procedures are open and available to the public pressooException incamera hearingclosed to public when info at a trial may be prejudicial to the security of the nationo when children involved or case involving sexual harassmentopen hearing but prohibit the publication of the names of the partiesCanadas courts exercise both criminal and civil functionsCivil testburden of proof is the balance of probabilitiessufficient proof so that there is greater than50 likelihood that the events took place as claimedCriminal testguilt must be proven beyond a reasonable doubt when crime has been committed the offence is against the state and the victims of the crime are witnesses at the trial judgejury must be convinced beyond a reasonable doubt of the guilt of the accused even if likelyprobable that the accused committed the crime the accused must be found not guilty if there is any reasonable doubt about guiltOne action can have both civil and criminal consequenceseven though acquitted at the criminal trial a person may still be found liable in the civil action while there may not be enough proof to establish beyond a reasonable doubt that the accused committed the crime there may b enough evidence to show that he probably committed the wrongEx A woman in BC who won a 50000 civil judgment against the man she accused of raping her even after a criminal prosecution had acquitted him of the sexual assaultCase 31 p 61 Rizzo v Hanover Insurance CoThe Court held that because this was a civil action it was necessary only that the insurer establish that Mr Rizzo was responsible for setting the fire on the balance of probabilities and that it had satisfied that burden I have found on balance that it is more likely than not that the plaintiff did take part in the setting of the fire Note that the fact that Mr Rizzo had been acquitted of arson in a criminal proceeding was inadmissible not allowed precluded in a civil proceeding as proof that he had not committed the arsonCriminal law is a federal responsibilityocriminal law restricted to matters in Criminal Code and drug control legislation and a few more under federal courtsProvinces can create quasicriminal or regulatory offencesdoes not qualify as criminal law but subject ppl to fines and imprisonmntoquasienvironment fishing employment offences motor vehicle securities hunting offencesoregulatorypage 61only the federal got has the power to make criminal law and although ppl may be punished with fines and sometimes even imprisonment for violations of these regulatory offences the violations do not qualify as criminal actsCriminal FunctionThe state Crown prosecutorprosecutes and must prove guilt beyond a reasonable doubtVictims are witnesses and are not compensated for injuriesRv Jones R stands for Rex or ReginaCivil FunctionPrivate individuals ask the court to adjudicate a disputeCourt decides on balance of probabilitiesgreater than 50 likelihood Court assesses liability and can enforce judgmentCompensation and remedies imposed on defendantTrial Courts of the Province essentially 4 levels including the Supreme Court of CanadaProvincial Courtsat the lowest leveltitles differ in provterritoriesactual procedure may vary with the jurisdictionLower Courts Provincial CourtoJudges appointed by the provinceoHear lesser crimes small claims 500025000 youth justiceyoung offenders and non divorce family matters custodyonce parents have separatedSuperior Courts Supreme court of a ProvinceSuperior Court of a province highest trial level courtoHear all matters including larger civil claims more serious crimes will and divorce cases bankruptciesoSurrogateProbate Courts specialized courts that deal with the administration of wills and estates some provincesnow just a specialized function of the Superior CourtsBoth Trial courtsoHear testimony from witnesses Recent developments oDrug treatment courtsemphasis on treatment of addicts not incarcerationimprisonment released on bail subject to random drug tests must appear in court regularly if demonstrate control drug charges stayed if not normal sentenceoDomestic violence courtsspousal elder and child abuseoffer specialized investigations by police counseling for first time offenders prosecution for repeat offenders and special services for victims oUnified family courtshave jurisdiction over all legal issues related to family simplifies court process overlapping jurisdiction of federal and provincialoNunavuts single level courtpowers of both superior trial courts and territorial courtstravel throughout territory hearing casesoSentencing Circles
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