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Provincial and federal court.docx

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Ryerson University
Law and Business
LAW 122
Brad Mac Master

Provincial and federal court*** If you lose, where do you appeal? Do you need leave? -Supreme court** -Ontario court of appeal** - Charter** Limitation periods**- standard is 2 years Litigation** Types of ADR -Negotiation – most common form **private, only works if parties want it to work -Mediation -Arbitration – imposes a decision and is binding. Is less formal than a court. Parties usually select arbitrator who is familiar with the specific area. Arbitrator is like a judge. If you lose arbitration, it is considered binding. **all are private^^ Torts A tort is a wrong-doing. In tort law the harm is against you. Criminal law the harm is against society. **think of the balance of competing interests when referring to torts -protecting free choice vs deterring harmful behaviour -encouraging innovation vs compensating losses -physical harm vs economical loss Strict liability torts Require no proof of carelessness or wrong-doing Case brief 3.1 page *65 Wild animals are an example of strict liability. Domestic animals are strict liability only if you are aware if the dog for example is dangerous. Strict liability there is a chance of defense. Absolute liability you are automatically guilty. Another type of strict liability *page 151 Statutes keep you safe* Charter of rights and remedies** Intentional torts Liability for intentional acts Negligence tort – liability for carelessness acts Liability insurance Contract agrees for a price to take damage on behalf of the defendant. Risk management. An insurance contract do have a number of exclusions that it will not cover. Intentional or criminal activity they do not cover. Vicarious liability- being liable for another’s torts *employer often vicariously liable for employee Effects of vicarious liability include: - Victim can sue employee and employer - Employee directly liable for own tort - Employer vicariously liable fo
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