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Civil disputes
The defendant engages in an action that displeases the plaintiff. For instance, the defendant may have breached a contract, leaving the plaintiff dissatisfied.
- The plaintiff decides to file a lawsuit in provincial court or federal court.
- Most lawsuits (family law, contract law, criminal law, tort law, property law) are filed in provincial court.
- Federal courts hear cases based on the Constitution, federal law, or in some cases if the parties are from different provinces and are disputing a large sum of money.
The plaintiff initiates the lawsuit by filing a Statement of Claim in the appropriate court. After filing, the plaintiff has a set period to serve the Statement of Claim on the defendant.
The defendant then files a Statement of Defence. They can admit, deny, or state they lack the knowledge to respond to the allegations in the Statement of Claim.
- Discovery begins. Canada has a fairly open discovery process.
- During discovery, both parties can exchange relevant documents and may conduct examinations for discovery (similar to depositions in the U.S.).
- Motions may be filed during this process to resolve procedural or interim issues.
- If the case does not settle, it proceeds to trial. Most cases settle before reaching this stage.
- (a) The trial can be before a jury or a judge alone (known as a bench trial).
- (b) Both sides can call witnesses to testify under oath.
- (c) The burden of proof is generally on the plaintiff to prove their case on a balance of probabilities.
- A verdict is reached by the jury or a decision is made by the judge.
- The court may issue reasons for judgment.
- Courts often cite precedent, and lower courts are bound by the decisions of higher courts.
- Sources of law include the Constitution, case law (common law), and statutes.
- The dissatisfied party can appeal the decision.
- Highest court: Supreme Court of Canada (9 justices)
- Middle court: Court of Appeal (varies by province)
- Lowest court: Provincial Court or Superior Court (1 judge)
- The appellate court reviews the case.
- Affirm, reverse, or remand the lower court’s decision.
- The appellate court may issue a written opinion.
- The opinion may include a majority opinion, concurring opinions, and dissenting opinions.
Criminal Justice System
1. The accused commits an unlawful act and is arrested by the police.
2. The Crown prosecutor files charges against the accused.
- The charges can be for an indictable offence or a summary offence, which are roughly equivalent to felonies and misdemeanors in the U.S., respectively.
3. The Crown prosecutor must prove the elements of the offence beyond a reasonable doubt.
- This is a higher standard than in civil cases because the stakes often involve more than just monetary loss.
- Virtually every crime includes:
- (a) A prohibited act = actus reus
- (b) A culpable mental state = mens rea
4. In many cases, the accused may enter into a plea agreement with the Crown prosecutor.
- This avoids the need for a trial and usually results in a lesser sentence or reduced charges.
5. Alternatively, the case proceeds to trial, where the accused will either be convicted or acquitted.
- The accused commits an unlawful act and is arrested by the police.
- The Crown prosecutor files charges against the accused.
- The charges can be for an indictable offence or a summary offence, which are roughly equivalent to felonies and misdemeanors in the U.S., respectively.
The Crown prosecutor must prove the elements of the offence beyond a reasonable doubt.- This is a higher standard than in civil cases because the stakes often involve more than just monetary loss.
- Virtually every crime includes:
- (a) A prohibited act = actus reus
- (b) A culpable mental state = mens rea
- In many cases, the accused may enter into a plea agreement with the Crown prosecutor.
- This avoids the need for a trial and usually results in a lesser sentence or reduced charges.
- Alternatively, the case proceeds to trial, where the accused will either be convicted or acquitted.
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The time it takes to paint a car repair depends on various factors, such as the extent of damage, the size of the area to be painted, the type of paint used
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