Says unreasonably high amount of $ doesn’t necessarily serve purposes Did this hamper progress because of low award? What about conviction based on Charter breach? Limitation Act BC leg can trump Const’n/fed leg Limitation Act of general application applies to everyone, and govt Does this extinguish Charter claim for damages? Govt can’t rely on specialized statute of lim to extinguish right to bring Charter claim, though the tort may have expired (On Pub Auth Protec Act) Govt can’t be that self-serving. But benefits of finality and certainty to apply to all No longer require the bad faith element, of knowingly breaching rights for purposes of antagonizing NS: P proves Charter breach, govt proves good faith Others: If court finds Charter breach, then open season CASE SUMMARIES Hollick v. Toronto (2001, SCC) Taub v. Manufacturers Life Insurance (1998, ONSC) Ward Lawyer was stopped, unlawfully strip searched and car towed. ADR / Intro To reach a just, speedy resolution to party satisfaction may be best reached through ADR processes that are not court-based adjudication Types (1) case management (imposing time etc.), (2) court-connected mediation (3) settlement Policy judicial efficiency, maintain efficient level of the number of actions that require adjudication – 5 5-1 Requesting a CPC 1) CPC may be requested any time after pleading, Form 19 2) court may direct CPC to take place 3) served filed notice of CPC a) if first time, at least 35d before CPC date b) 7d 4) to shorten notice, by requisition, Form 17 5) CP proposal must be filed a) and served within 14d 6) Contents of CP proposal, Form 20, indicate a-discovery of docs, b-exam, c-DR procedures, d-experts, e-witnesses, f-trial type (judge/jury), estimated trial length, preferred trial dates 5-2 Conduct of CPC 1) Conducted by judge or master
Says unreasonably high amount of $ doesn’t necessarily serve purposes Did this hamper progress because of low award? What about conviction based on Charter breach? Limitation Act BC leg can trump Const’n/fed leg Limitation Act of general application applies to everyone, and govt Does this extinguish Charter claim for damages? Govt can’t rely on specialized statute of lim to extinguish right to bring Charter claim, though the tort may have expired (On Pub Auth Protec Act) Govt can’t be that self-serving. But benefits of finality and certainty to apply to all No longer require the bad faith element, of knowingly breaching rights for purposes of antagonizing NS: P proves Charter breach, govt proves good faith Others: If court finds Charter breach, then open season CASE SUMMARIES Hollick v. Toronto (2001, SCC) Taub v. Manufacturers Life Insurance (1998, ONSC) Ward Lawyer was stopped, unlawfully strip searched and car towed. ADR / Intro To reach a just, speedy resolution to party satisfaction may be best reached through ADR processes that are not court-based adjudication Types (1) case management (imposing time etc.), (2) court-connected mediation (3) settlement Policy judicial efficiency, maintain efficient level of the number of actions that require adjudication – 5 5-1 Requesting a CPC 1) CPC may be requested any time after pleading, Form 19 2) court may direct CPC to take place 3) served filed notice of CPC a) if first time, at least 35d before CPC date b) 7d 4) to shorten notice, by requisition, Form 17 5) CP proposal must be filed a) and served within 14d 6) Contents of CP proposal, Form 20, indicate a-discovery of docs, b-exam, c-DR procedures, d-experts, e-witnesses, f-trial type (judge/jury), estimated trial length, preferred trial dates 5-2 Conduct of CPC 1) Conducted by judge or master
370-Mason_-_Law_307B_-_Final.docx