Chapter 1 Fundamentals

Question 1

🔵Small Claims court are heard in the BC Supreme Court

🔵Supreme court can hear cases for claims of any amount

Answer 1

🔵Evidence is not reheard wt the BC Court of Appeal; only matters of law are considered
🔵Small Claims Court - < $35,000

Question 2

🔵writ of execution is requested by the judgment creditor then is issued to the sheriff, then the sheriff can seize and sell enough of the debtors assets to pay the judgment.
🔵when a third person owes money to the judgment debtor, the plaintiff can obtain that money by means of a garnishing order. However, the plaintiff cannot obtain all of an employee’s wages. (70% of the wages are exempt from seizure)

Answer 2

🔵a judgment creditor can register a judgment in the land title office against the debtor’s title, but must apply to a COURT for a judicial sale.

Question 3

Disclosure statement

Answer 3

Must be in form required by BCFSA. But it need not contain from a lawyer.

Question 4

Canadian Real Estate Association

Answer 4

Authority to develop and amend relstor code

Question 5

BCFSA

Answer 5

🔵May refuse to issue license to unqualified applicant under the Real Estate Services Act
🔵requires criminal record check as part of determining whether and applicant is of a “good reputation”
🔵One of it’s powers is to impose administrative penalties for those who contravened the Real Estate Services Act

Question 6

Examination for discovery

Answer 6

may be a major factor in the settlement of a dispute. “Mini trial”

Question 7

Representative licensee

Answer 7

key responsibility is to keep his managing broker informed of the business activities he performs on behalf of the brokerage and the duty to promptly respond to any inquiry addressed to him by his managing broker.

Question 8

Court costs

Answer 8

🔸can be awarded to either party
🔸Meant to partially reimburse the legal expenses of the awarded party
🔸discourages people from bringing or defending weak cases

Question 9

Financial Services tribunal

Answer 9

An appeal of bcfsa’s decision to discipline a licensee will be heard.

To appeal a decision, the party must send notice to them within 30 days of the date of the decision

Question 10

Real estate errors and omissions indemnity plan

Answer 10

🔸to provide an affordable method of protecting licensees from financial loss as the results of a licensee’s errors or omissions will receive no compensation due to the licensee’s lack of funds
🔸Covers a liability limit $1M
🔸Has the right to settle claim without consent from the licensee
🔸does not provide coverage for penalties and fines

Question 11

Real Estate Development Marketing Act

Answer 11

🔸Requires a developer to prepare a disclosure statement prior to selling lots in a subdivision.
🔸A bank acquiring a bankrupt developer’s rights would also be a “developer”
🔸certain transactions are exempted for full disclosures including where all unit in a development property are sold in a single transaction

Question 12

Commencing a lawsuit in small claims court

Answer 12

The action in the jurisdiction where either the cause of action arose or the defendant resides

Question 13

Public Law

Answer 13

🔸constitutional law

🔸Deals with the constitution and matters between private individuals and the state.

Question 14

Private law

Answer 14

🔸trespass

🔸Breach of contract

Question 15

Stare decicis

Answer 15

🔸former decisions are used as basis for later decisions
🔸The common law system has uniformity
🔸Decisions by the Supreme Court of Canada are accorded the most weight in our jurisprudence

Question 16

When a judge “distinguishes” a case

Answer 16

🔸the judge decides that facts crucial to a former decision are not present in the case at hand, and does not follow the former decision.

Question 17

Land Title Act - a body of law written and passed by the provincial government of BC (legislation)

Answer 17

specific performance - REMEDY that was developed by the courts of equity, not enacted via government statute

Equity of redemption - DOCTRINE

Question 18

Bc Supreme Court is to the BC court if appeal

Question 19

Common Law

Answer 19

🔹court-based; judge-made law
🔹derived from historical customes
🔹Uniformity of the law

Question 20

Common Law

Answer 20

🔹stare decisis - let the former decision stand

Question 21

Precedents

Answer 21

earlier cases that are followed

Question 22

Statute Law

Answer 22

🔹federal gov’t - banking, bankrupcy, marriage & divorce, fisheries, copyrights, shipping, patents, criminal matters

🔹Provinical - anything private matter or local; civil rights; municipal institutions

Question 23

Civil or Private Law

Answer 23

🔹relationships between individuals and has no direct concern to the state.
🔹Breach of contract ; marriage & divorce; tort
🔹Contracts; agency; tort

Question 24

Public Law

Answer 24

🔹deals with the constitution; relationship between individuals and the state
🔹Tax law; constitutional law; criminal law

Question 25

Administrative Tribunals

Answer 25

🔹less formal adjudicative bodies established to hear disputes in specific areas
🔹NOT part of the court system
🔹Can be challenged and reviewable by court

Question 26

Civil resolution tribunal

Answer 26

🔹online tribunal tasked with resolving:
🔸Strata non-payment or non-enforcement of bylaws
🔸Motor vehicle injuries dispute
🔸Certain small claims < $5000 ; if > $5000, the money over $5000 cannot be claimed anywhere else
🔹Can only decide on disputes arising in BC

Question 27

CRT 3 potential phases

Answer 27

Negotiation
Facilitation
Adjudication

Question 28

January 1, 2019

Answer 28

strata decisions can no longer be appealed at the BC Supreme Court, but may ask Supreme Court for a judicial review.

Question 29

A judicial review will only overturn the tribunal’s decision if found unreasonable

Question 30

3 key advantages of CRT

Answer 30

🔹 online
🔹Effeciency
🔹Costs - lawyers not needed

🔸Disputes usually resolve withing 60days
🔸Fees involved total around $200

Question 31

Courts of original jurisdiction

Answer 31

🔹small claims court -

Question 32

Appellate courts - after a trial judge made his decision, either party may appeal to a higher court

Answer 32

Small claims court —> BC Supreme court
(but does not automatically always lead to a new trial)
🔸must first appear in front of a judge to argue that there are legal or factual errors in the trial judge’s orderq

Question 33

BC Civil Court System

Answer 33

Small claims court
BC Supreme Court
Court of Appeal
Supreme court of Canada

Question 34

Financial Services Tribunal - where it can be appealed

Answer 34

Where it appears that Real Estate Services Acr or rules have been contravened, a disciplinary order from BCFSA may be issued.

Question 35

Plaintiff - alleging a wrong by the other party

Defendant- defending

Answer 35

Small claims:
🔹claimant
🔹defendant

Question 36

Not every claim results in a trial, most are settles out of court.

Answer 36

Two major reasons:
🔹effect of pre-trial process-narrows down the points often leading to a settlement.
🔹court costs- remain a monetary concern for a weak case

Question 37

Pretrial process

Answer 37

🔵Written Pleadings
🔹filing a notice of civil claim
🔹filing a response - denying all or some

🔵Discovery
🔹bringing our relevant evidence before it ever gets to trial (mini-trial)
🔹examine the other party
🔹important issues for the court are identifies
🔹parties can plainly see the strengths and weaknesses in their positions
🔹delays in proceedings encourage settlements

🔵trial
🔹burden of proof- the obligation of the plaintiff to prove its case

🔵judgement

Question 38

Court Cost do two things:

Answer 38

🔸partially reimburse the successful party for legal fees

🔸Discourage people from bringing or defending weak cases

Question 39

Garnishing order

Answer 39

wages and bank account