Borowski's three part test for public interest standing
What is 1) a serious justiciable issue to be litigated, 2) real stake or genuine interest, 3) a reasonable and effective manner to bring this issue to court?
100
R 13.02 Amicus curiae
What is a friend of the court that can make arguments but not lead evidence?
100
Reasons why we have summary judgment (Hryniak)
What is: effective and accessible means of enforcing rights, timely and affordable access, fast and most efficient resolution of issues?
100
S. 4 Basic Limitations Period (Limitations Act)
What is 2 years on the day which the claim was discovered (or reasonably when it would be discovered Verombeck)?
100
Rule 5.04(2)
What is the rule restricting participation in proceedings to legal persons? (Incredible Electronics)
200
Private interest standing
What is some kind of injury against his own personal interest (Des Champs) and directly affected by the alleged harm?
200
Private-public party intervention (Peel test)
What is the standard to be applied if you can't get in under rule 13 or the Dieleman test? Consider: 1) Nature of the case, 2) Issues which arise, 3) Likelihood of applicant making a useful contribution to the resolution of the appeal.
200
R20.02 Evidence on Motion
What is a genuine issue requiring a trial? To determine, judge may weigh the evidence, evaluate the credibility of a deponent, draw any reasonable inferences from the evidence
200
S. 15 Ultimate Limitation Periods
What is a maximum 15 years from when the act or omission took place? (Inclusive of 2 years to file)
200
Plain and obvious standard (Hunt)
When is it appropriate to strike a claim? (R21.01(1))
300
Standing for taxpayers
What is not having special interest standing? (Thorson)
300
R13.01(2) Leave to Intervene as an Added Party
What is the court consideration's of whether intervention will unduly delay or prejudice the determination of rights of the parties to a proceeding?
300
Lots of oral evidence, lots of witnesses, very complicated (Hryniak)
What is when summary judgments would not be appropriate? (R20.04)
300
Time the clock ticks for S. 5 Discovery (Limitations Act)
What is when the person first knew of a claim OR when a reasonable person with the abilities in the circumstances of the person with the claim first ought to have known of the claim?
300
Limitations period for arbitration awards, debt to government enforcement of court order, student loans, environmental claims not yet discovered
What is no limitations periods? s. 16 and 17 of Limitations Act
400
Rationale for standing requirements
What is: 1) Ensure disputes are not merely hypotheticals, 2) Exclude busybodies (Jones v Tsige), 3) Ensuring the perspectives of parties directly affected are actually heard, 4) Proper role of the courts?
400
Public interest intervention test (Dieleman/Incredible Electronics)
What is an intervenor having 1) A real, substantial and identifiable interest in the subject matter of proceedings, OR 2) An important distinct perspective from immediate parties, OR 3) Well recognized group with special expertise AND identifiable membership base?
400
Motion judge has made no palpable and overriding error
What is deference to the motion judge's use of summary judgment?
400
Common feature of minors, incapable persons, sexual assaults, wilfully concealing/misleading, still occurring harm
What is when the limitations periods do not run? (S. 6,7,10,15 of Limitations Act)
400
Malcolm v Kushniruk
What is the duty for the plaintiff to act diligently?
500
Standing for breach of statute (private action)
What is not having standing? (SWP)
500
R13.01 Added Party
What is a person who can intervene as an added party that has 1) An interest in the subject matter of proceedings OR 2) A person may be adversely affected by judgment in proceeding greater than an ordinary member of the public OR 3) A common question of law or fact with issues of the proceeding?
500
R21.01 (3) An action stayed or dismissed for these reasons
What is when a court: 1) Has no jurisdiction over the subject matter, 2) P or D lacks legal capacity to sue/be sued; 3) Another proceeding pending; 4) Action is frivolous or vexatious?
500
Principles for having limitations periods
What is accuracy/certainty, cost control, finality, adversarialism/party autonomy?
500
Three cases where the limitations periods do not run because there is a continuing wrong
What is Johnson v BC (trespass), Wong v Rashidi (trespass), K&L Partnership v Canada (unexploded munitions), Swartz v Verrette (basement flooding)