Canadian Business Law, 4th Edition PDF

CANADIAN BUSINESS LAW, 4TH EDITION 1 NOTICE Copyright Disclaimer This PowerPoint presentation is copyright protected. Individuals who have adopted the related Emond Publishing textbook for their course...

CANADIAN BUSINESS LAW, 4TH EDITION 1 NOTICE Copyright Disclaimer This PowerPoint presentation is copyright protected. Individuals who have adopted the related Emond Publishing textbook for their course are granted permission to use this presentation for instructional purposes only. Slides may not be distributed under any kind of Open Access style license, or website, or be duplicated, copied, sold, or otherwise exploited for any commercial purpose without Emond Publishing’s express written consent. Thank you. Copyright © 2023 Emond Montgomery Publications. All rights reserved. Canadian Business Law, 4th Edition Edited by Tamra Alexander CHAPTER 2 Resolving Disputes and Navigating Canada’s Court System Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 4 Learning Outcomes After reading this chapter, you should be able to: Identify circumstances when it may be advisable to obtain legal advice or assistance. Explain what distinguishes a paralegal and a lawyer in Ontario with respect to what services each can offer. Describe Canada’s hierarchy of courts. List and describe five roles of Canadian courts. Explain the litigation process in the Small Claims Court and the Superior Court. Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 5 Learning Outcomes (cont’d) Describe negotiation and suggest circumstances under which various types of negotiation can assist in resolving business disputes. Describe various types of mediation and suggest how they can assist business people in resolving disputes. Describe arbitration and its role in resolving commercial disputes. Distinguish between the roles of mediators and arbitrators. Describe how administrative boards and tribunals operate and how they are different from courts. Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 6 Understanding When Legal Assistance Is Required Broadly speaking, legal issues for business people fall into two categories: Legally regulated processes that do not involve disputes (e.g., buying or selling land or other property, dealing with contracts and agreements, complying with government regulations, etc.). Dealing with and resolving disputes. Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 7 Providers of Legal Services: Lawyers and Paralegals Lawyers Able to provide options for dispute resolution. Special training in identifying and resolving legal problems. May specialize in different areas of law (e.g., corporate law, labour relations, bankruptcy law). Communications protected by solicitor–client privilege. Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 8 Providers of Legal Services: Lawyers and Paralegals (cont’d) Paralegals in Ontario Generally less expensive than lawyers. Regulated by the Law Society of Ontario (LSO). Restricted to practising in certain areas only, most notably in Small Claims Court, lower criminal courts, and before administrative tribunals. It’s important to note that the definition of “paralegal” varies; role of paralegals in Ontario is different from other provinces. Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 9 How Are Business Disputes Resolved? Litigation: the process of resolving disputes through a formal court process. Neutral individual: a person who has no personal interest in a dispute between the parties, such as a mediator or arbitrator. Alternative dispute resolution (ADR): the settlement of conflict through a process other than the court system. Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 10 Canada’s Court System Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 11 The Role of Canadian Courts Courts have five essential roles in Canada’s judicial‒political system: 1. Dispute Resolution 2. Interpretation of Legislation 3. Constitutional Interpretation 4. Protection of Rights and Freedoms 5. Review of Government Agencies Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 12 Litigation The Pre-Litigation Process Lawyer consultations Limitation periods Selecting court jurisdiction for lawsuits Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 13 Litigation (cont’d) Litigation Process in Superior Court (Trial Division) Client must follow the Ontario Rules of Civil Procedure. Exchange of pleadings: statement of claim, statement of defence Discovery Preparation for trial Trial Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 14 Litigation (cont’d) Litigation Process in the Small Claims Court A forum where small claims—under $35,000 in Ontario—can be heard quickly, efficiently, and inexpensively. Plaintiffs and defendants can conduct their cases themselves. Paralegal agents are also permitted to represent parties in court. Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 15 Litigation Civil Court Remedies: Damages Damages: losses suffered as a result of the commission of a tort or the breach of a contract, or monetary compensation awarded for these losses. Special and general Aggravated Pecuniary and non-pecuniary Punitive Plaintiffs are expected to mitigate—or minimize— their damages Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 16 Litigation (cont’d) Other Remedies Injunctions are designed to prevent future harm or the escalation/worsening of present harm. Specific performance, requirement by the court that a party complete its contractual obligations. Parties in a civil suit ask for legal costs as part of their pleadings. Post-trial Enforcement Commonly 1) judgment debtor examination, 2) writ of seizure and sale, and 3) garnishment. Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 17 Alternatives to Litigation Interests and Rights Negotiation Mediation Facilitative Mediation Rights-Based Mediation Transformative Mediation Arbitration Copyright © 2023 Emond Montgomery Publications. All rights reserved.  CANADIAN BUSINESS LAW, 4TH EDITION 18 Copyright © 2023 Emond Montgomery Publications. All rights reserved.