Risk Management
What are the three steps for addressing risk?
1. Identification
2. Evaluation
3. Response
What are the three main sources of the law?
1. Constitution
2. Legislation
3. Courts
Who has the right to sue in Canada?
What is the highest court in Canada?
The Supreme Court of Canada
Who are decision makers in Administrative Tribunals?
Experts in their respective fields
A recall for a dangerous item is an example of what form of risk management?
Risk avoidance / Risk elimination
What are the two constitutionally recognized levels of government?
1. Provincial
2. Federal
What document commences a legal claim?
Statement of Claim - Filed by the plaintiff to start a lawsuit; outlines the disputes, states facts and desired remedies
If I wanted to appeal a judgement from Small Claims Court, who would I appeal to?
The Court of King's Bench
What is ADR?
Alternative Dispute Resolution - Dispute resolution outside of court
If Toyota sends Katie a notice of recall for the airbags in her corolla and advises her to take her corolla to the dealership for the airbags to be replaced, what form of risk management is being used?
Risk reduction - minimizing the risk by modifying the product to reduce the danger
What is S. 33 (Notwithstanding Clause) of the Canadian Charter of Rights and Freedoms?
Allows the government to override individual rights and freedoms
What is the general limitations period for civil claims?
2 years from the date the plaintiff discovered (or ought to have discovered) the cause of action
How do you appeal to the Supreme Court of Canada?
What is the main difference between Mediation and Arbitration?
Insurance is an example of what form of risk management?
Risk Shifting - Make the risk someone else's problem
What is the Doctrine of Federal Paramountcy?
Determines which law trumps when federal and provincial statutes conflict - Ultra vires vs Intra vires
How does a trial at the Court of Appeal differ from a Trial Court?
There are no new witnesses or evidence - Appeal operates from the court record at trial and focuses on law rather than fact. They will overrule any errors of law, but only palpable and overriding errors of fact
How are Federal Court Judges Appointed?
By the Federal Government of Canada
What is Judicial Review?
An appeal of an administrative tribunal decision to the Court of King's Bench, where a Judge will review the matter to determine if the tribunal decision was fair
How can an insurance company manage risk for car insurance?
What is the "Duty to Consult"?
Requires the Crown to consult with Indigenous Peoples whenever it intends to act in a way that may adversely affect Indigenous rights
What four options does an Appeal Court have in making a decision?
1. Affirm lower court decision
2. Reverse lower court decision
3. Vary lower court decision
4. Send back for retrial
What are the three specialized courts in the Federal Court system?
1. Tax Court
2. Federal Court / Appeal Courts - Hears trials about Federal Division of Powers
3. Court Martial Trial - Military Court
What are the two standards of Judicial Review?
1. Reasonableness - Court defers to tribunal expertise; only overturns unreasonable decisions
2. Correctness - A question of fact where Court may overturn an error