Deck 2: Resolution of Disputes

Question 1

The same set of facts can result in both a criminal and civil court action.

Answer 1

True

Question 2

The Desormeaux and Clendenning cases are examples of how the same set of facts can result in both a criminal and civil matter.

Answer 2

True

Question 3

A business person needs to only be aware of the levels of court in the province in which they do business.

Answer 3

False

Question 4

Parties must seek leave to appeal their case at the Supreme Court of Canada.

Question 5

Every lawsuit has only one plaintiff and one defendant.

Question 6

An appeal of a British Columbia Small Claims decisions can be made to the BC Supreme Court.

Question 7

A decision by a provincial Appeal Court is made by only one Judge.

Question 8

Civil litigation is a form of Alternative Dispute Resolution.

Question 9

The burden of proof in a civil matter means the plaintiff must prove their case beyond a reasonable doubt.

Question 10

Most matters concerning businesses are dealt with in a criminal court.

Question 11

A lawsuit can have more than one plaintiff and more than one defendant.

Question 12

Decisions of the Supreme Court of Canada are final and can cannot be appealed.

Question 13

Most matters concerning businesses are dealt with in a civil court.

Question 14

You believe that the Judge made an error in your case. You can have your case re-heard by a jury.

Question 15

Mary is suing John for failing to pay for the goods he bought from her. Mary has to prove her case beyond a reasonable doubt.

Question 16

Decisions of the Supreme Court of Canada must be decided by all 9 Justices.

Question 17

The burden of proof in a civil matter means the plaintiff must prove their case on a balance of probabilities.

Question 18

Most civil court matters are decided by having a trial.

Question 19

If the losing party disagrees with the decision of the court, then they can have a different judge in that court review the decision.

Question 20

A party can appeal any case in which they do not like the decision.

Question 21

A mediator will make a final and binding decision for the parties.

Question 22

Provincial Courts generally deal with matters that fall under the Criminal Code of Canada.

Question 23

The first stage in the civil litigation process is the Pleadings stage.

Question 24

A party can appeal a case at any time after the decision is made.

Question 25

Business people can represent themselves in small claims court.

Question 26

Most provinces have a monetary limit on claims that can be heard by their Superior Court.

Question 27

Bob bought a new stereo system for $3500 from A&C Sound in Vancouver. He agreed to make monthly payments of $500 and did so for the first 2 months. He really liked the system, but did not feel like paying the balance. A&C Sound decided to sue. Their action would be in the:

A) Court of Appeal
B) Provincial Court, Small Claims Division
C) Provincial Court, Criminal Division
D) Supreme Court

Question 28

The discovery stage of the civil litigation process requires the parties to disclose all documents in their possession to the opposing party.

Question 29

Raymond, who lives in Winnipeg, appeals a trial courts' decision he lost. The highest court his case can eventually be appealed to is:

A) Federal Court of Appeal
B) Manitoba Court of Queen's Bench
C) Supreme Court of Canada
D) Manitoba Court of Appeal

Question 30

Business people should wait until a legal dispute arises before talking to a lawyer about it.

Question 31

A business can sue another individual or business or government by commencing a legal action.

Question 32

The Superior Court of each province is the highest trial court in that province.

Question 33

Each province generally has two (2) parts to their civil litigation process.

Question 34

A mediator controls the process of the dispute resolution.

Question 35

Provincial Court Judges in each province are appointed by the provincial government.

Question 36

Federal Courts of Canada deal with cases between individuals or organizations and the Federal government.

Question 37

Each provincial government appoints their Superior Court Judges.

Question 38

Which one of the following is not a usual term for civil litigation?

A) action
B) judgment
C) lawsuit
D) case

Question 39

Lawyers help business people make informed decisions on how to proceed with a legal dispute.

Question 40

Having access to a lawyer, as part of your business plan, helps you to evaluate legal risks and solutions.

Question 41

Having a risk management plan allows a business person to:

A) manage their business activities so they know what legal risks require legal advice
B) protect their business activities from ever having to do their own legal research
C) manage their business activities so they never need legal advice
D) protect their business activities from ever needing legal advice

Question 42

Which of the following cases would be a good one to mediate?

A) where the parties want to maintain goodwill
B) where the parties want to have their case made public
C) where the parties want to ensure the right to appeal
D) where the parties want to drag the matter out

Question 43

If a business person had a dispute with the Canada Revenue Agency, the court action must be heard in:

A) Provincial Small Claims Court
B) Federal Appeal Court
C) Federal Trial Court
D) Provincial Superior Court

Question 44

If a defendant wanted to make their own claim against a plaintiff in a BC Supreme Court action, they would need to file a:

A) Statement of Claim
B) Counter-claim
C) Petition
D) Notice of Application

Question 45

The successful party who obtains a judgment is:

A) Judgment Debtor
B) Execution Creditor
C) Judgment Creditor
D) Execution Debtor

Question 46

What is an advantage of arbitration?

A) outcomes are subject to appeal
B) outcomes are consistent
C) less expensive than litigation
D) process is lengthy

Question 47

In British Columbia, the discovery stage of the litigation process allows the parties to examine each other under oath. This is called an:

A) Examination in Aid
B) Examination for Documents
C) Examination for Discovery
D) Examination under Oath

Question 48

In British Columbia the amount of a monetary claim made in Small Claims Court cannot exceed?

A) $15,000
B) $50,000
C) $25,000
D) $5000

Question 49

Which is not an example of a pre-trial application in a BC trial court?

A) Application to find a defendant guilty
B) Application for directions
C) Application to add a party
D) Application for discovery of documents

Question 50

Which of the following is an advantage of using a form of ADR?

A) can be resolved quicker than through litigation
B) more time consuming than litigation
C) more expensive than litigation
D) can be appealed to a Judge

Question 51

You injured your hand when an electric shaver you bought exploded in your hand. Your lawyer is filing a claim in BC Supreme Court. The first court document your lawyer will send you a copy of is:

A) Notice of Civil Claim
B) Writ of Summons
C) List of Documents
D) Notice of Application

Question 52

Which document is used to commence a civil action in British Columbia?

A) Notice of Application
B) Notice of Civil Claim
C) Writ of Summons
D) Statement of Claim

Question 53

Diane is a physical therapist who runs a small business from her home. Her long-time customer, Bob, is behind on his payments and is unhappy with the outcome of his treatment. Which of the following statements is true?

A) If her primary claim is to keep her relationship with Bob, Diane should consider an alternative form of dispute resolution.
B) If her primary concern is to resolve the issue, Diane must file a claim as alternative dispute resolution is not applicable to this type of dispute.
C) If her primary concern is to keep costs low, Diane should start a Small Claims action.
D) If her primary concern is to deal with the matter quickly, Diane should hire a lawyer to file a claim in the superior trial court.

Question 54

Having a risk management plan for a business will:

A) assist a business person in managing legal risks
B) provide a business person with all necessary legal information
C) ensure that a business person will never need legal advice
D) protect a business person from all litigation

Question 55

Which statement is correct with respect to the process of civil litigation?

A) In a criminal action, a plaintiff is taking action against an accused for compensation
B) In a civil action, a defendant is taking action against another individual or corporation for compensation
C) In a civil action, a plaintiff is taking action against another individual or corporation for compensation
D) In a criminal action, a defendant is taking action against an accused for compensation

Question 56

In the Snazzy v James example, the Nova Scotia Court of Appeal dismissed the case. Snazzy can now:

A) Seek leave from the Nova Scotia Court of Appeal for another hearing
B) Refer the action back to the Nova Scotia trial court for a new hearing
C) Seek leave to appeal from the Supreme Court of Canada
D) Refer the action directly to the Supreme Court of Canada