You and the Courts
This type of client is confident, knowledgeable, and up to date.
This person is simply one of the experts the businessperson consults
What is the lawyer?
The use of processes such as negotiation, mediation, and arbitration to resolve disputes
What is Alternative Dispute Resolution?
When one person causes injury to another, harming his person, property, or reputation.
What is a Tort?
This Tort is described as "by far the most important area of tort liability for businesspeople and professionals"
What is Negligence?
They understand the importance of the solicitor-client relationship
What is a sophisticated client?
It is the duty of the lawyer to keep the information provided by the client confidential.
What is solicitor-client privilege?
In this type of ADR method, control over the outcome is lowest, delay can be the highest, and cost is usually prohibitive.
What is Arbitration?
This test requires the person making the claim to show the court sufficient proof so that there is a greater than 50% likelihood that the events took place as claimed.
What is the "balance of probabilities" test?
What is the Reasonable Person Test?
This provides the names and phone numbers of lawyers who practice in a particular area of law.
What is a lawyer-referral service
a professional organization that represents judges and lawyers.
What is the Canadian Bar Association?
Often, this method of dispute resolution is identified in contractual relationships or in Union Collective Agreements as the final resolution mechanism if a disagreement arises.
What is Arbitration?
This tort is one of strict liability. If the plaintiff proves the required elements, the onus then shifts to the defendant to advance a defence in order to escape liability.
What is the Tort of Defamation?
This test for negligence requires that "a proximity of the parties exists, which creates an obligation to exercise caution or care"
What is a Duty of Care?
This legislation was passed by the British Parliament in 1867, but despite this is one of the most important pieces of legislation in Canadian Law.
What is the British North America Act?
This tangible step is taken to prepare and communicate to employees a statement of values and principles of ethical conduct.
What is a code of business conduct?
In the example of McDonalds and the hot cup of coffee, the award to the plaintiff of 2.7 million in punitive and 160,000 in compensatory damages is an example of
What is the cost of pursuing litigation?
where two or more persons act together using unlawful means to injure the business interests of another
What is conspiracy to injure?
This test is used as the general test for causation.
What is the "but for" test?
In some cases, provincial legislation and federal legislation conflict and it is not possible to obey both. This principle may require that the provincial legislation go into abeyance.
What is paramountcy?
This may result in a lawyer not receiving any legal fees for the work done on a file.
What is a Contingency fee agreement?
British Columbia recently incorporated this into its law in the Civil Resolution Tribunal Act, creating Canada's first online tribunal.
What is Online Dispute Resolution?
Harassing an ill employee for justified absences, after he has already been given notice of termination, would be one example of this Tort.
What is Intentional Infliction of Mental Suffering?
These two terms describe wrongful conduct and the lack of good conduct respectively.
What is misfeasance and nonfeasance?