Ch 14: Disputes & Experts

Question 1

Disputes: Name 3 types & how much they occur.

Answer 1

Court Trials (~5%)

“formal” Resolution (15%)

Simply resolved (30%)

Ignored problems (50%)

Question 2

Dispute Negotiations are:

Answer 2

• Simplest & Cheapest form to resolve a dispute

Question 3

ADR: are Alternative Dispute Resolution

Answer 3

Guided by court principles, though not in court. Includes:

• Arbitration
• Mediation
• Negotiation

Question 4

Steps of going to court for Disputes:

Answer 4

1. Consulting Counsel
2. Gather Facts
3. Choose forum

Question 5

Dispute Forum Courts that can be chosen

Answer 5

1. BC Supreme Court
   
   • Complex process
   • Time consuming
   • Lawyers “required”
   • Unlimited Monetary Jurisdiction (can sue for any amount)
2. Provincial Court, (small claims court)
   
   • Simple Process
   • Lawyer not req.
   • Max claim limit $25k
   • Limited “costs”
3. Federal court
   
   • Complex Process
   • Time consuming

Question 6

Define: Plaintif & Defendant

Answer 6

Plaintif: the person suing
Defendant: person being sued

Question 7

Notice of Claim Time period

Answer 7

There is a period in which you must respond to a claim

Question 8

Counter Claims:

Answer 8

You can sue the person suing you for one reason or another. Remember this is public.

Question 9

3rd Party Claim:

Answer 9

Tenant sues contractor of landlord/owner for cause of fire.

Question 10

Trial Costs:

Answer 10

May or may not be paid for. In Federal court they are usually paid by the loosing party.

Question 11

Disadvantages of Court: Avoid and beware of Litigation

Answer 11

• can be bad for business
  
  • Can’t be completely controlled
  • hard on nerves

Question 12

Resolution by Arbitration

Answer 12

• Is private
  
  • Can be cheaper than court
  • can have an arbitration clause in a contract
  • The terms of reference can be chosen
  • can have procedural (Evidence Rules)

Question 13

Mediation

Answer 13

• A Third party that comes in and sits down with the disputing parties to come to a conclusion that they call all agree upon.
  
  • different types, marriage, contract etc…
  • non-binding (Advisory only)
  • voluntary agreement
  • mediation can be written into a contract (mediation required before court can be consulted)

Question 14

An Expert Witness can be used to ____ and has ____ :

Answer 14

• Key in prep for trials & for negligence trials
  - Duty to the court to be fair and neutral
  - duty to assist court and can not be an advocate for any party