LAW2003 Chapter Notes - Chapter chapter 3: Alternative Dispute Resolution
11 Sep 2018
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The resolution of disputes (argued): the courts and alternatives to litigation (sue someone) Therefore, it causes only one can win the case, other lose. Then people can not be friend or work together anymore. Disadvantages of adr: adr cannot ensure a fair hearing, adr does little to overcome a power imbalance, cannot ensure consistent (always keep good quality) outcomes, decisions are usually not appealable (can not sue anymore after take decision) The courts: are open to the public. Criminal test- beyond reasonable doubt, civil test balance of probabilities (may face both a criminal and a civil trail for the same matter) Four level of courts from highest supreme court of canada to the lowest provincial level (chart on pg71) federal/provincial administrative court---federal/provincial territorial (local) Superior courts/tax court of canada---federal court of appeal/provincial court of appeal/court martial appeal court---supreme court of canada (note: there are same level of military courts and provincial court between provincial administrative tribunals and provincial/territorial superior courts)
