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PLEA’s Law 30 Resource Portal

LAW30-CV1

Examine the elements and processes of dispute resolution in Canadian civil law.

Indicators for this outcome

(a) Differentiate Canadian civil law from Canadian criminal law, considering factors such as purpose, role and levels of the courts, procedures, outcomes, enforcement of sanctions, availability of legal aid, onus and burden of proof.

Courts & Legal System > Court System > Types of Disputes


(b)
Identify levels of courts within civil law, including small claims court.

Courts and our Legal System (CR1-a, CR1-d)


(c)
Classify civil law cases as tort, contract, family, employment, wills and estates or property law.

(d) Generate a list of circumstances when one might consider instigating a civil action and identify barriers to commencing a civil action (e.g., costs, access).

Courts & Legal System > Going to Small Claims Court > Choosing Small Claims
Courts & Legal System > Going to Queen's Bench Court


(e) Analyze intentional and unintentional tort cases while considering the possible defences.

(f) Describe the remedies (e.g., punitive damages, special damages, general damages, injunctions) available under tort law and identify methods of enforcing civil judgments.

Courts & Legal System > Civil Trials > Judgment (CV1-h)


(g) Investigate the purpose, benefits and challenges of participating in class action lawsuits and describe situations where they might be appropriate.

(h) Justify the types of remedies and damages the court may order given a specific scenario.

Courts & Legal System > Civil Trials > Judgment (CV1-f)


(i)
Plan and present a small claims court case using provincial templates and guidelines.

Courts & Legal System > Civil Trials > Proving Your Case
Courts & Legal System > Going to Small Claims Court



(j) Assess alternate dispute resolution processes (e.g., negotiation, mediation, arbitration, tribunals) available to settle civil disputes.

Courts & Legal System > Going to Queen's Bench Court > Queen's Bench Pre-Trial Conferences
Courts & Legal System > Going to Queen's Bench Court > Mandatory Mediation in Queen's Bench
Courts & Legal System > Going to Small Claims Court > Case Management Conference


(k) Investigate the purposes and the processes involving in conducting public inquiries in a variety of cases (e.g., The National Inquiry into MMIWG) including:

  • The role of the Inquiries Act (2005);
  • how an inquiry is initiated;
  • how it functions;
  • the roles and the responsibilities of the participants;
  • the impact of the conclusions and recommendations made as a result; and,
  • the limitations and challenges of the process.

Coroner's Inquests from Chapter 9 of Sunshine Sketches of a Little Town: The Learning Resource

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