Affidavits, aka sworn statement or written depositions, are the more frequent type of evidence used by our courts. While they do have their limitations and cannot be used in all hearings, affidavit evidence considerably reduces the time requirements of any justice system. But preparing affidavits is an art, not a science. Proceed with caution (and read this article).
ADR.
A good looking military acronym? Nope.
Alternative dispute resolution; an outside-of-the-Court method of resolving a disagreement or a "dispute" between two or more persons.
Prematurely announced as the saviour of a slow and out-of-touch Court system, ADR has instead entered the backdoor and is now firmly entrenched as a mainstay of modern judicial systems.
If you thought sitting ten feet below one judge dressed in funeral black was scary, wiat until you try it with three judges! But Courts of Appeal are well-intentioned and usually deliver the best justice in the province. The problem is ... well, read the article!
An examination for discovery, also known as an oral examination or interrogatories, or a deposition, is often a litigant's one and only pre-trial kick at the can to determine the strengths and weaknesses of the other litigant’s case. Use it or lose it. In this article, we examine not only the in’s and out’s of these very stressful examinations but to how to survive them and put your best foot forward.
Why shoot yourself in the foot before you're even out of the gate?
More litigants feel the brunt of administrative law than any kind of law. That’s because admin law, as the lawyers call it, includes all the little tribunals that run amuck like little courts, with pretty much no appeal rights ... except judicial review, which, until recently, was an oxymoron. Now it’s ... well, still an oxymoron!
Legal aid: when the government subsidizes legal services for individual litigants in restricted areas such as where liberty is at risk (criminal law), family law and human rights.
Mediation can work but unless it’s free ... or especially if it’s free! - participants must be alive to the pitfalls and opportunities presented.
Québec stands out in Canada as the only jurisdiction dedicated to the codification of all its laws. Now,
circa 2007, all provinces have "codified" their laws in a set of "Revised Statutes". While Québec too, has a set of topical "revised statutes", it alone has published a one-stop-shop compendium of "common law",
le tres chic Civil Code.
Small claims is an simplified procedure for courts to hear and decide cases in which the property or rights at issue are relatively low. It's a world onto its own so best be aware!
Summary trial is now all the fashion in Canadian courthouses, allowing litigants to submit their dispute to judgment by way of written sworn evidence such as affidavits. Not all cases lend themselves to summary trial and even when the subject matter appears appropriate, other factors may argue against a trial other than by witnesses and documents being assessed under oath and in open court.
BC's highest Court can move like molasses but much depends on the cook. Find out "the recipes" herein.
Giving evidence in court can be very nerve-racking. I am a lawyer with many years experience in court but I have had two occasions to testify (so far)...
You just can't find an honest well-intentioned judgment debtor nowadays. It seems that whatever bug bit them to not honour whatever legal obligation on which you obtained an order against them, keeps on ticking because - go figure! - now they won't pay the judgment! What do you do? This area of the law is particularly complex so the first thing to do is ... read this article!
Don't go to Court against a lawyer without it!