Legal Process and Remedies

Curriculum Guideline

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Course
LGST 1120
Discontinued
No
Course Code
LGST 1120
Descriptive
Legal Process and Remedies
Department
Legal Studies
Faculty
Humanities & Social Sciences
Credits
3.00
Start Date
End Term
201930
PLAR
Yes
Semester Length
15
Max Class Size
35
Contact Hours
Lecture: 4 hrs per week / semester
Method(s) Of Instruction
Lecture
Learning Activities

The following methods of instruction will be utilized:

  • Lectures
  • Class discussions
  • Group work with conflict scenarios and case studies
Course Description
This course overviews the basic legal processes in Canada and the remedies available to litigants. It examines the structure of civil actions, criminal prosecutions and administrative law proceedings. It reviews statutory, procedural, common law, and equitable remedies available in the courts and explores the growth of alternative dispute resolution mechanisms. Key concepts, including jurisdiction, standing, parties, pleadings, orders, trials, juries, appeals, procedural fairness, judicial review and the adversarial system, are examined.
Course Content

1. Introduction and Overview

  • History and function of civil litigation in Canada
  • History and function of criminal prosecution in Canada
  • Nature of administrative law dispute resolution

2.  Civil litigation

  • Commencing a lawsuit: expenses of litigation, standing, jurisdiction, limitations
  • Pleadings, pre-trial conferences and settlements, chambers practice
  • Examinations for discovery
  • Trial and judgment

 3.  Criminal Prosecution

  • Charges, election, classification of offences
  • Particulars, disclosure, preliminary inquiries
  • Plea bargaining
  • Juries
  • Voir dire, trial and sentencing

4.  Administrative Law

  • Procedures before boards and tribunals
  • Procedural fairness
  • Judicial review

5.  Common law Remedies

  • damages, injunctions, abatement, 
  • Family law orders: spousal support, custody, divorce
  • Administrative compensation schemes

6.  Equitable Remedies

  • Injunctions
  • Specific Performance and rectification
  • Rescission
  • Restitutionary remedies
  • Accounting of profits
  • Tracing

7. Statutory Remedies

  • Sale of Goods Act
  • Consumer Protection Act
  • Statute of Frauds

8. Procedural Remedies

  • Various interlocutory orders

9.  Creditors’ Remedies

  • Examination in aid of execution
  • Garnishment
  • Collections
  • Builders’  Lien Act
  • Corporate creditors’ arrangements, bankruptcy and insolvency

10.  Forms of Dispute Resolution

  • Adversarial system
  • Mediation
  • Arbitration
  • Negotiation
  • Neutral party evaluation and mini-trials
  • Circles and conferences
Learning Outcomes

At the conclusion of this course the successful student will be able to:

  1. Describe the history and function of civil litigation in Canada.
  2. Describe the history and function of criminal prosecution in Canada.
  3. Describe the role of administrative law proceedings in Canada.
  4. Define the basic structure of a civil action from the commencement of pleadings through trial.
  5. Describe a criminal prosecution from charge approval through trial and sentencing.
  6. Describe proceedings before selected administrative boards and tribunals.
  7. Describe the process of appeals and judicial review of administrative decisions.
  8. Compare and contrast the adversarial system of dispute resolution with alternative forms of dispute resolution currently available in the Canadian legal system.
  9. Identify and describe remedies available to litigants in tort, contract and family law.
  10. Identify and describe fundamental creditors’ remedies.
  11. Identify and describe equitable remedies.
  12. Identify the various courses of action and the remedies available to disputants through a series of typical, personal conflict scenarios.
Means of Assessment

Evaluation will be based upon the course objectives and will be carried out in accordance with Douglas College policies. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the course. Evaluation will be based upon the following:

  • Exams
  • Research paper or other written assignment
  • Class attendance and participation

 

An example of one possible evaluation scheme would be:

 

Class attendance and participation        10%
Midterm exam  30%
Research paper  30%
Final exam  30%
Total 100%
Textbook Materials

Textbooks and Materials to be Purchased by Students

 

A copyright compliant course pack will be available for purchase by students and will include web links, recent case law and legislation as required and excerpts from the following leading texts:

  1. Berryman, Jeffrey (2000). The Law of Equitable Remedies. Toronto: Irwin Law.
  2. Chornenki, G.A. & Hart, C.H. (2005) Bypass Court: A Dispute Resolution Handbook, 3rded.LexisNexis  Inc.
  3. Ewaschuk, E.G. (2005). Criminal Pleadings and Practice in Canada 2nd ed. Aurora: Canada Law Book Inc.
  4. Fridman, G.H.L. (1999). The Law of Contracts in Canada 4th ed. Toronto: Carswell
  5. Fridman, G.H.L. (2002). The Law of Torts in Canada 4th ed. Toronto: Carswell
  6. Gibson, D. & Murphy, T. (1996). All About Law: Exploring the Canadian Legal System 4th ed. Scarborough: Nelson, Thomson
  7. Mullan, David J. (2001). Essentials of Canadian Law, Administrative Law. Toronto: Irwin Law.
  8. Stuart, D. & Delisle, R. (2004). Learning Canadian Criminal Law 9th ed. Scarborough: Thomson, Carswell
  9. The Continuing Legal Education Society of B.C. (2001). British Columbia Creditors Remedies. Vancouver.
  10. The Continuing Legal Education Society of B.C. (2010) The Civil Trial Handbook, Vancouver.