Civil litigation

Question 1

HOw are the courts divided?

Answer 1

Into 8 regions

Question 2

What is the Court of Ontario?

Answer 2

Consists of two divisions- the Superior Court of Justice, and the Ontario Court of Justice

Question 3

What kind of judges are in the Small Claims Court?

Answer 3

A Deputy Judge, “Your honour”

Question 4

What is a power Clerks of the Small CLaims Court have?

Answer 4

Authority to sign a default judgment against a defendant who has been noted in default.

Question 5

What are the rules of evidence like in Small Claims Court?

Answer 5

Relaxed.

Question 6

What is the Divisional Court?

Answer 6

It is a branch of the Superior Court of Justice. It primarily exercises appellate jurisdiction .. ALSO ECERCISES ORIGINAL JURISDICTION IN APPLICATIONS FOR JUDICIAL REVIEW OF ADMINISTRATIVE ACTIONS.

Question 7

The court of appeal?

Answer 7

Appellate jurisdiction The Superior Court of Justice. Justice. Has Inherent jurisdiction. 3 judges sitting alone.

Question 8

What is negligence?

Question 9

What is the “but for” test?

Question 10

What is the “thin skull rule”?

Answer 10

Provides that a defendant must take the victim as the defendant finds him or her,

Question 11

What is a pecuniary loss?

Answer 11

Compensatory damages can be either. Pecuniary loss is any financial loss not precisely calculable ex. loss of earnings, repair costs, lost future earning capacity.

Question 12

What is a non-pecuniary loss?

Answer 12

Any loss that does not diminish a persons financial or material assets. ex. pain, suffering, permanent impairment of physical and mental capacity.

Question 13

What are the defences available in a negligence claim?

Answer 13

Contributory negligence, voluntary assumption of risk, participation in an illegal or immoral activity

Question 14

What is the tort of Product liability?

Answer 14

“duty to warn”

Question 15

What is the tort of negligent misrepresentation?

Answer 15

“entire agreement clause” - defence

Question 16

What is the tort of fraudulent misrepresentation?

Answer 16

AKA DECEIT, requires knowledge of the deception

Question 17

What are some intentional torts?

Answer 17

Battery, Assault, false imprisonment, Malicious prosecution, Abuse of process, Intentional infliction of nervous shock, INTENTIONAL INTERFERENCE WITH LAND AND AIRSPACE (TRESPASS TO LAND)

Question 18

What are the types of intentional torts?

Answer 18

1. Intentional interferences with chattels?
2. intentional interference with land and airspace
3. intentional interference with the person

Question 19

What are the four requirements for intentional torts?

Answer 19

Directness, Volition, capacity, intention

Question 20

What are the defences available for intentional interferences with an ind.

Answer 20

Consent (must be fully voluntary), self-defence (must use reasonable force), defence of others, defence of property

Partial defences: provocation, contributory negligence

Question 21

What is Detinue?

Answer 21

Detinue applies where a defendant refuses to return a chattel.

Question 22

What 3 types of torts may arise out of intentional interference with chattels?

Answer 22

1. Detinue
2. Conversion
3. trespass to chattels

Question 23

What is conversion?

Answer 23

Conversion involves wrongful interference with another person’s goods .. intentional exercise of control over goods that seriously interfere with the plaintiff to control the goods.

Question 24

What is Recaption?

Answer 24

SELF-HELP REMEDY- that a plaintiff may rely on to recover his or her chattels.

It is where a person physically takes back their chattel. In a peaceful manner

Question 25

What is Replevin?

Answer 25

SELF-HELP REMEDY. Involves getting an interim order for the recovery of personal property. May involve security

Question 26

What is strict liability?

Answer 26

Another form of tort liability that is generally imposed on environmental cases… IT IS POSSIBLE TO COMMIT A STRICT LIABILITY OFFENCE W/0 INTENT OR NEGLIGENCE

Question 27

What is vicarious liability?

Answer 27

form of strict liabilty, where an ER is held responsible for the tortious conduct of the EE.

A DEFENCE could be; an act of nature or god, consent of the plaintiff

Question 28

What is defamation?

Answer 28

Redress for injury to his or her reputation arising from the publication of damaging statements. The plaintiff must establish that the statement was “publsihed” communicated either verbally”slander” or in writing “libel”

3 month limitation period

Defences include: Fair comment

Question 29

What creates a binding agreement?

Answer 29

(1) Offer
(2) Mutual consideration
(3) communicated acceptance

Question 30

What is intrusion upon seclusion?

Answer 30

intentionaal invasions of privacy