Chapter 2 - The Resolution Of Disputes

Front 1

In camera hearings

Back 1

part of trail proceedings closed to the public

Front 2

Civil litigation

Back 2

the process of one party suing another in a private action in a small claims or superior court action

Front 3

Jurisdiction

Back 3

the Constitution Act, 1867 delegated responsibility for matters to federal or provincial governments, thus giving them jurisdiction to create laws in those areas.

Front 4

Conflict of laws

Back 4

when there is overlapping jurisdiction; also refers to the area of law dealing with disputes with those in other jurisdictions

Front 5

Appearance

Back 5

the document filed by the defendant indicating that the action will be disputed

Front 6

Statement of defence

Back 6

response to a statement of claim by the defendant

Front 7

Counterclaim

Back 7

a statement of claim by the defendant

Front 8

Pleadings

Back 8

the document used to initiate the action including the statement of claim, the statement of defence and counterclaim and any clarification associated with them

Front 9

Chambers application

Back 9

interim applications and questions (before the actual trial) are brought before the judge in a more informal setting for a ruling

Front 10

Discovery of documents

Back 10

documents in the hands of each side that may be used at trial are made available to the other side.

Front 11

Examination for discovery

Back 11

lawyers from opposing sides question the plaintiff and defendant in a civil suit under oath – their responses can be entered as evidence. A method of making all relevant information known to both sides before trial

Front 12

Payment into court

Back 12

the defendant estimates the true value of the claim and deposits it with the court. If the decision is for less than the deposit, the plaintiff must pay the court costs; if more, the defendant pays the costs.

Front 13

Affidavit evidence

Back 13

Evidence based on statements made by witnesses out of court but under oath

Front 14

Party and party costs

Back 14

court courts determined by a tariff establishing what opposing parties to a civil action ought to pay

Front 15

Solicitor and client costs

Back 15

costs based on what a lawyer actually charges his or her client.

Front 16

Punitive damages

Back 16

compensation for damages in excess of plaintiff’s actual losses to deter similar conduct – punishment to the guilty party

Front 17

Exemplary Damages

Back 17

same as punitive damages

Front 18

General Damages

Back 18

Compensation for injuries that cannot be caluculated, e.g. pain and suffering

Front 19

Accounting

Back 19

Cort order requiring the person found liable to disclose what profits have been made from the violation and pay them to the plaintiff

Front 20

Injunction

Back 20

Court order to stop offending conduct

Front 21

Specific Performance

Back 21

Court order to require the completion of the term of a contract without variation

Front 22

Declaration

Back 22

the courts declares the law applicable to a particular case

Front 23

Examination in aid of execution

Back 23

Court ordered review of defendant's fianaces to arrange for payment of the judgment

Front 24

Seizure of property

Back 24

Court authorizes property of the defendant to be sold to pay the damages and costs of action

Front 25

Garnishment

Back 25

COurt orders that a portion of the defendant's wages be directed to payment of the judgment

Front 26

Attachment of Debt

Back 26

Court order that monies owed to the judgment debtor (defendant) be intercepted and paid to the plaintiff

Front 27

Limitation Periods

Back 27

Rules requiring that legal action be undertaken within a specified time of the offending conduct taking place

Front 28

Negotiation

Back 28

Direct communication between the parties to a dispute in an effort to resolve the problems without third-party intervention

Front 29

Mediation

Back 29

A neutral thrid party facilitates discussion between parties to a dispute to encourage and assist their coming to an agreement

Front 30

Mini-trials

Back 30

Corporate executives stage a form of trial to consider the issues, arguments and legal opinions that would influence a judicial decision

Front 31

Arbitration

Back 31

Parties in a dispute elect or are contracted to submit their claims to an individual or a panel, which makes a binding decion on their behalf