Civil litigation Flashcards
HOw are the courts divided?
Into 8 regions
What is the Court of Ontario?
Consists of two divisions- the Superior Court of Justice, and the Ontario Court of Justice
What kind of judges are in the Small Claims Court?
A Deputy Judge, “Your honour”
What is a power Clerks of the Small CLaims Court have?
Authority to sign a default judgment against a defendant who has been noted in default.
What are the rules of evidence like in Small Claims Court?
Relaxed.
What is the Divisional Court?
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.
The court of appeal?
Appellate jurisdiction The Superior Court of Justice. Justice. Has Inherent jurisdiction. 3 judges sitting alone.
What is negligence?
What is the “but for” test?
What is the “thin skull rule”?
Provides that a defendant must take the victim as the defendant finds him or her,
What is a pecuniary loss?
Compensatory damages can be either. Pecuniary loss is any financial loss not precisely calculable ex. loss of earnings, repair costs, lost future earning capacity.
What is a non-pecuniary loss?
Any loss that does not diminish a persons financial or material assets. ex. pain, suffering, permanent impairment of physical and mental capacity.
What are the defences available in a negligence claim?
Contributory negligence, voluntary assumption of risk, participation in an illegal or immoral activity
What is the tort of Product liability?
“duty to warn”
What is the tort of negligent misrepresentation?
“entire agreement clause” - defence
What is the tort of fraudulent misrepresentation?
AKA DECEIT, requires knowledge of the deception
What are some intentional torts?
Battery, Assault, false imprisonment, Malicious prosecution, Abuse of process, Intentional infliction of nervous shock, INTENTIONAL INTERFERENCE WITH LAND AND AIRSPACE (TRESPASS TO LAND)
What are the types of intentional torts?
- Intentional interferences with chattels?
- intentional interference with land and airspace
- intentional interference with the person
What are the four requirements for intentional torts?
Directness, Volition, capacity, intention
What are the defences available for intentional interferences with an ind.
Consent (must be fully voluntary), self-defence (must use reasonable force), defence of others, defence of property
Partial defences: provocation, contributory negligence
What is Detinue?
Detinue applies where a defendant refuses to return a chattel.
What 3 types of torts may arise out of intentional interference with chattels?
- Detinue
- Conversion
- trespass to chattels
What is conversion?
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.
What is Recaption?
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
What is Replevin?
SELF-HELP REMEDY. Involves getting an interim order for the recovery of personal property. May involve security
What is strict liability?
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
What is vicarious liability?
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
What is defamation?
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
What creates a binding agreement?
(1) Offer
(2) Mutual consideration
(3) communicated acceptance
What is intrusion upon seclusion?
intentionaal invasions of privacy
