Civil Courts
Processes & Proceedings
Chapter One
Canadian Civil Courts
100

The person who sues

The Plaintiff

100

A claim made by the defendant to the claims/demands made by the plaintiff.

A Counter-Claim

100

Parties come together and solve their issue(s) with the assistance of a trained mediator.

Mediation

100

Businesses today often appear in ______ ______ _____ if the monetary amount of a claim is less than $25,000.

Small Claims Court

200

The person who is sued

The Defendant

200

A meeting where questions and answers are asked of the parties and their witnesses, held under oath, prior to trial to obtain further information and evidence.

Discovery

200

Parties come together in a process that is more formal than mediation but less formal than a court setting to resolve their issues with the assistance of a selected arbitrator.

Arbitration

200

Provincial Courts deal with criminal matters that generally fall under the ______  ________  of Canada.

Criminal Code of Canada

300

A resolution of a dispute that is acceptable to both sides, resulting in the matter reaching a conclusion without going through the full court process

A Settlement

300

The judgment may include a portion of the expenses (legal fees, filing fees, etc.) the successful party incurred during the course of the case and paid by the unsuccessful party.

Costs

300

This Act applies to the collection, use, or disclosure of personal information in the course of a commercial activity. It protects the information of the public and provides guidelines for businesses surrounding their legal and ethical responsibilities to the individuals they interact with, such as employees and clients.

PIPEDA (Personal Information Protection and Electronic Documents Act)

300

This court deals with cases between individuals or organizations and the federal government

Federal Court of Canada

400

The plaintiff must prove their case on the ________ of _______ (not beyond a reasonable doubt!)

The Balance of Probabilities

400

Motions made before the court and made in chambers (less formal) where the judge decides on small matters connected with the case.

Pre-Trial Applications

400

A positive business management practice that realizes and assesses the risks associated with the activities of the business.

Risk Management

400

An ________ presides over small claims court, where parties are generally not represented by a lawyer.

Adjudicator

500

A dispute between two or more parties brought before a civil court for a decision.

A Lawsuit

500

Written questions provided by one party to the other that are answered in writing and signed under oath.

Interrogatories

500

Different ways to solve a dispute that do not involve the formality of a court or civil litigation.

Alternative Dispute Resolution (ADR)

500

If _____ to ______ is given, the case may be brought before the Supreme Court of Canada because of its importance to the public.

"Leave to Appeal"