Legal System

Question 1

old constitution

Answer 1

British North America Act 1867

Question 2

purpose of the old constitution

Answer 2

create a defensible country

Question 3

charter of rights and freedoms

Answer 3

fundamental law, every law is subordinate to it

Democratic Rights
Legal Rights
Mobility Rights

Question 4

statute law

Answer 4

laws that are established by the governing bodies of particular jurisdictions

Question 5

common law

Answer 5

Also known as “case law” or “precedent law”. In Common Law provinces, and in those countries with Common Law systems, the law (except statute law) is not found in a code but in the recorded judgements of the courts.

Question 6

supreme court of BC steps

Answer 6

Supreme Court of BC
Notice of Civil Claim - form 1 - file - fee
Service within one year
-	Personal service by third person/party
-	Substitutional service
Response to Civil Claim - form 2
21 days - Canada
35 days - US
49 days - elsewhere
or default judgement

Counterclaim - form 3 
Response to counterclaim
21 days - Canda
35 days - US
49 days - elsewhere

Examination for Discovery
Under oath / transcript
List of all relevant documents within 35 days (rely or not rely, good or bad)

Summary Judgement

• After pleadings (before trial
• Black/white case

Trial
Plaintiffs witnesses
1. Examination in chief - no leading questions (aka yes/no answers)
2. Cross examination - leading questions allowed
3. Redirect examination - plaintiff witnesses
Defendants Witnesses
-Submissions

Judgement
- Award + interest + costs (legal fees)

Question 7

collection of a judgement (6)

Answer 7

Collection of a judgement
Good for 10 years
(1)	Garneshment of debt 
Before and after judgement
Court order that a third party pay owning to the defendant into court - “due and owing” bank account etc - joint accounts cannot be garneshed
(2)	Garneshment of wages
After judgement 
33% of net income

(3) Writ of Seizure and Sales (of assets)
Bailiff

Exemptions
-	Clothing - personal effects - up to $4000
-	Equity in one vehicle - $5000
-	Work tools - $10,000
Pensions
RRSPs
(4)	Register in Land Title office (most common)
2 year renewal
(5)	Subpoena to Debtor
1x per year		oath / transcript
ask personal questions

Payment order if they don’t (if no hope) or contempt of court