4313746
Description
Flashcards by chantal Seguin, updated more than 1 year ago
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Created by chantal Seguin
almost 9 years ago
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| Question | Answer |
| question of law? | an issue that requires interpretation of the law |
| question of fact | a factual dispute |
| cause of action date? | valid legal grounds for commencing a court action the day the problem started (when you remember or when it happens) |
| Limitation periods – what is it and some basic ones (basic periods) | no later than 2 years from discovery |
| What is the courts of justice act – different section | – Monetary Jurisdiction – Judges and Justices – Mandate – Representation – Evidence – Payment – Costs – Appeals |
| what is personal service? | - document is to be served personally - leaving a copy of the document with the individual - by leaving a copy of the document with the litigation guardian |
| What are alternatives to personal service? | -serving the legal representative -Service of a document may be made by sending a copy of the document by mail to the last known address -courier -email |
| DEBTOR SEARCHES (chapter 4 and 20) what are the searches – types? | PIPEDA sets procedures for collection, use and disclosure of personal info credit bureau execution personal property security act bankruptcy search |
| Know about procedures related to partnerships – (rule 5) | A proceeding by or against two or more persons as partners may be commenced using the firm name of the partnership. each partner is served with the plaintiffs claim and a notice to alleged partner (rule 5.03(1)) |
| Partnership defence | If a proceeding is commenced against a partnership using the firm name, the partnership’s defense shall be delivered in the firm name and no person who admits being a partner at any material time may defend the proceeding separately, except with leave of the court. |
| when shall a settlement conference be held | A settlement conference shall be held in every defended action where at least one party disputes the claim |
| explain offer to settle | an offer to settle may be made in form 14A an offer to settle may be made at any time must include: amount, how it is to be paid, if it is to be paid to the courts, any interest, expiry date, defaulting terms |
| What are costs and their limits | costs are amounts that the court orders one party to pay to another. can be awarded with any other relief that may be ordered |
| Procedure for motion to set aside default judgement | - the defendant may bring a motion to set aside the noting of default - the plaintiff must be served with a copy of the motion and supporting affidavit what the judge will consider: - behavior of the parties; -the length of the defendant’s delay; -the reasons for the delay; and -the complexity and value of the claim the court generally requires that the defendant explain his or her failure to file a Statement of Defence on time and demonstrate an intention to defend against the claim. A party who is affected by an order obtained on motion without notice may make a motion to set aside or vary the order, within 30 days after being served with the order. |
| name some motion forms | -to set aside noting in default -new trial -supporting affidavit -leave of the court |
| A Motion for new trial | A new trial will not be ordered by a higher court unless "some substantial wrong or miscarriage of justice has occurred" [CJA s.134(6)] |
| how can a motion be made | a motion can be made at any time during a proceeding. A motion shall be made by a notice of motion and supporting affidavit (Form 15A) |
| _______means a person against whom an order for the payment or recovery of money may be enforced. | “debtor” |
| _________ means a person who is entitled to enforce an order for the payment or recovery of money; | “creditor” |
| can any further orders be made while there is an order for periodic payments | While an order for periodic payment is in force, no step to enforce the judgment may be taken or continued against the debtor by a creditor named in the order, except issuing a writ of seizure and sale of land and filing it with the sheriff |
| types of enforcement's for regaining monetary loss | Garnishment a writ of seizure and sale of personal property (Form 20C) a writ of seizure and sale of land (Form 20D) writ of delivery (Form 20B) The creditor may request enforcement of a writ of seizure and sale of personal property by filing a direction to enforce writ of seizure and sale of personal property (Form 20O) with the bailiff. |
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