Chapter 2 - Summary Canadian Business Law, ISBN: 9781772552812 BUSI2601 (BUSI2601)
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Course
BUSI2601 (BUSI2601)
Institution
Carleton University (CU
)
Book
Canadian Business Law
This document provides a full chapter summary of chapter 2 in the Canadian Business Law textbook, tailored for BUSI2601 business minor course at Carleton University.
The chapter covers:
- Litigation vs. Alternative Dispute Resolution
- Courts Structure Federal & Provincial)
- Concept of P...
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Summary Canadian Business Law, Chapter 8, ISBN: 9781772552812 BUSI2601
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Written for
Carleton University (CU
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Business Law
BUSI2601 (BUSI2601)
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BUSI2601
LECTURE 2
UNDERSTANDING WHEN LEGAL ASSISTANCE IS REQUIRED
● Legal issues for business people fall into:
○ Legally regulated processes that don't involve disputes
○ Dealing with and resolving disputes
Must question manner in which the dispute will be resolved
PROVIDERS OF LEGAL SERVICES:
LAWYERS
● Able to provide options or dispute resolution
○ Ex. bankruptcy, finance lawyers, corporate, tax
● Special training in identifying and resolving legal problems
○ Layers are prohibited from disclosing any client information to 3rd parties
○ GOAL: for client to be effectively represented and may feel comfortable
disclosing all necessary information - protected by solicitor client privilege
○ Communication with lawyers May not disclose in court proceedings
PARALEGALS
● Generally less expensive than lawyers
● Regulated by the Law Society of Ontario (LSO)
● Restricted to practising in certain areas only
○ Small claims court or provincial criminal courts
○ May appear in front of tribunals (tenant/landlord board)
○ May draft necessary documentation for clients
● NOTE: roles vary in Ontario from other provinces
HOW ARE BUSINESS DISPUTES RESOLVED?
LITIGATION
● Process of resolving disputes through formal court process
● Parties in lawsuits become adversaries
● Lawyers present facts before judge and a conclusion is determined
NEUTRAL INDIVIDUAL
● Person who has no personal interest in a dispute between the parties, as a mediator
or arbitrator
ALTERNATIVE DISPUTE RESOLUTION (ADR)
● Settling conflict outside court process
, Ontario court of justice
● Inferior court, same as small claims court
● Includes criminal courts: courts that are no geared towards dealing with superior
courts
● Family court: does not deal with divorce - relegated to superior court of justice
● Environmental and workplace safety regulations trials
SUPERIOR COURT OF JUSTICE
● Includes small claims courts
● Decisions not binding by any other class of court (i.e Lower court because decisions
of superior court judges are only binding within its own superior court)
○ Lowest level of judge-made law
3 DIVISIONS
TRIAL DIVISION
● Highest case division - can sue at any amount
DIVISIONAL COURT
● Does Not substitute its own decisions by other government agencies, but
reviews law and procedure, and sends back to review
SMALL CLAIMS COURT
● Has authority to hear any cases less than $35,000
● Part-time deputy judge
● Simpler procedures, and greater guidance for people who wish to represent
themselves in this court
ROLE OF CANADIAN COURTS
● Dispute resolution
● Interpretation of legislation
● Constitutional interpretation; protection of rights and freedoms
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