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The judicial structure in Canada

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发表于 4/23/2017 15:08:56 | 显示全部楼层 |阅读模式
The judicial structureHow the courts are organized
The federal and provincial and territorial governments are all responsible for the judicial system in Canada.
Only the federal government can appoint and pay judges of the superior, or upper-level, courts in the provinces. Parliament can also establish a general court of appeal and other courts. It has created the Supreme Courtof Canada, the Federal Court and the Federal Court of Appeal, as well as the Tax Court.
Parliament also has exclusive authority over the procedure in courts that try criminal cases. Federal authority for criminal law and procedure ensures fair and consistent treatment of criminal behaviour across the country.
The provinces administer justice in their jurisdictions. This includes organizing and maintaining the civil and criminal provincial courts and civil procedure in those courts.
Outline of Canada's Court System
Outline of Canada's Court System – Text versionWhat do the federal courts do?
The Supreme Court of Canada is Canada's final court of appeal. Its nine judges represent the four major regions of the country. Three of them must be from Quebec, to adequately represent the civil law system.
The Supreme Court has two main functions.
  • It hears appeals from decisions of the appeal courts in all the provinces and territories, as well as from the Federal Court of Appeal. Supreme Court judgments are final.
  • It decides important questions about the Constitution and controversial or complicated areas of private and public law. The government can also ask the Supreme Court for its opinion on important legal questions.
The federal government also established the Federal Court, the Tax Court and the Federal Court of Appeal.
The Federal Court specializes in areas such as intellectual property, maritime law, federal–provincial disputes, and civil cases related to terrorism.
TheTax Court specializes in hearing appeals from tax assessments.
The Federal Court of Appeal reviews the decisions of both these courts. In fact, it is the highest court of the land for about 95 percent of all cases.
Provincial and territorial level courts
The court system is roughly the same across Canada. Except for Nunavut, each province has three levels: provincial and territorial, or lower, courts; superior courts; and appeal courts. The Nunavut Court of Justice has a single-level trial court.
Provincial and territorial courts
Provincial courts try most criminal offences, money matters and family matters. In private-law cases involving breach of contract or other claims of harm, the courts apply common-law principles in nine provinces and the territories. In Quebec, courts apply the Quebec Civil Code.
Provincial courts may also include specialized courts, such as youth courts, family courts, and small claims courts. Each provincial government appoints the judges for its own courts.
Superior courts
Superior courts are the highest level of courts in a province or territory. They deal with the most serious criminal and civil cases and have the power to review the decisions of the provincial and territorial courts.
Superior courts are divided into two levels: trial level and appeal level.
  • The trial-level courts hear civil and criminal cases. They may be called the Supreme Court, the Court of Queen's Bench, or the Superior Court of Justice.
  • The appeal-level courts, or Courts of Appeal, hear civil and criminal appeals from the superior trial courts listed above.
Although the provinces and territories administer superior courts, the federal government appoints and pays the judges.
Administrative boards and tribunals
There are other kinds of disputes that do not need to be dealt with in the courts. Different kinds of administrative tribunals and boards deal with disputes over the interpretation and application of laws and regulations, such as entitlement to employment insurance or disability benefits, refugee claims, and human rights.
Administrative tribunals are less formal than courts and are not part of the court system. However, they play an essential role in resolving disputes in Canadian society. Decisions of administrative tribunals may be reviewed in court to ensure that tribunals act fairly and according to the law.

 楼主| 发表于 4/23/2017 17:25:13 | 显示全部楼层
Discovery of Documents
Interpretation


78 (1) In sections 78 to 91, document includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and information recorded or stored by means of any device.


(2) A document shall be deemed to be in a party’s power if that party is entitled to obtain the original document or a copy of it and the party seeking it is not so entitled.


(3) In section 83,


(a) a corporation is a subsidiary of another corporation where it is controlled directly or indirectly by the other corporation, and


(b) a corporation is affiliated with another corporation where,


(i) one corporation is the subsidiary of the other,


(ii) both corporations are subsidiaries of the same corporation, or


(iii) both corporations are controlled directly or indirectly by the same person or persons.


Agreement to Limit Discovery


79 Nothing in sections 78 to 91 shall be taken as preventing parties to an appeal from agreeing to dispense with or limit the discovery of documents that they would otherwise be required to make to each other.


Document in Pleading or Affidavit


80 (1) At any time a party may deliver a notice to any other party, in whose pleadings or affidavit reference is made to a document requiring that other party to produce that document.


(2) The party receiving the notice shall deliver, within ten days, a notice stating a place where the document may be inspected and copied during normal business hours or stating that the party objects to produce the document and the grounds of the objection. (Form 80)


List of Documents (Partial Disclosure)


81 (1) A party shall, within thirty days following the closing of the pleadings, file and serve on every other party a list of the documents of which the party has knowledge at that time that might be used in evidence,


(a) to establish or to assist in establishing any allegation of fact in any pleading filed by that party, or


(b) to rebut or to assist in rebutting any allegation of fact in any pleading filed by any other party.


(2) A list of documents to be filed under this section shall be in Form 81.


(3) A party who has failed to file and serve a list of documents within the time fixed by subsection (1) may, without leave, file and serve it after that time unless,


(a) a notice of motion for a judgment under section 91 has been filed, or


(b) an application to fix the time and place of hearing under subsection 123(1) has been filed or a date for hearing the appeal has been fixed by the Court,


in which case, the party may apply for leave to file and serve the list.


(4) A party who has failed to file and serve a list of documents within the period set by a judge pursuant to subparagraph 125(5)(a)(i) may file and serve it only with leave of the Court.


SOR/95-113, s. 4; SOR/96-503, s. 1.
List of Documents (Full Disclosure)


82 (1) The parties may agree or, in the absence of agreement, either party may apply to the Court for an order directing that each party shall file and serve on each other party a list of all the documents that are or have been in that party’s possession, control or power relevant to any matter in question between or among them in the appeal.


(2) Where a list of documents is produced in compliance with this section, the list shall describe, in separate schedules, all documents relevant to any matter in issue in the appeal,


(a) that are in the party’s possession, control or power and that the party does not object to producing,


(b) that are or were in the party’s possession, control or power and for which the party claims privilege, and the grounds for the claim, and


(c) that were formerly in the party’s possession, control or power, but are no longer in the party’s possession, control or power, whether or not privilege is claimed for them, together with a statement of when and how the party lost possession or control of, or power over them and their present location.


(3) A list of documents files and served under this section shall be in Form 82(3).


(4) A list of documents made in compliance with this section shall be verified by affidavit (Forms 82(4)A and 82(4)(B),


(a) if the party is an individual, by the party unless that person is under a legal disability in which case the affidavit shall be made by that person’s representative;


(b) if the party is a corporation or any body or group of persons empowered by law to sue or to be sued, either in its own name or in the name of any officer or other person, by any member or officer of such corporation, body or group, and


(c) if the party is the Crown, by any departmental or other officer of the Crown nominated by the Deputy Attorney General of Canada.


(5) The affidavit shall contain a statement that the party has never had possession, control or power of any document relevant to any matter in issue in the proceeding other than those included in the list.


(6) The Court may direct a party to attend and be cross-examined on an affidavit delivered under this section.


SOR/93-96, s. 12; SOR/2008-303, s. 11.
 楼主| 发表于 4/26/2017 15:09:28 | 显示全部楼层
Small claim court only hears the claim amount within $25000 ( not including interest ) claim which apply special trial proceedings. However its claim amount will add to $ 30000 after June 1, 2017.  If the claimant starts an action to claim within $ 5000, it will be heard by an experienced lawyer alone apply simplified trial procedure, one-hour trial proceeding. Provide that the claimant commences an action to claim within $ 5000, the simplified trial will be applied. unless it is for a claim of financial debt which will apply one-half hour summary trial. Gaven that claimant start an action claim for $ 10000, it will start an initial mediation.
 楼主| 发表于 4/26/2017 16:25:22 | 显示全部楼层
Canada created a new civil resolution tribunal which can hear certain minor strata property disputes the small claim up to $ 10000 in 2017 which is the first online tribunal in Canada. www.civilresolutionbc.ca
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