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APSC 450 DISPUTE
RESOLUTION
P. Dawn Mills, Ph D Law
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Exam Hint #4
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Capitulate
Negotiate
Mediate
Arbitrate
Litigate
Options for Dispute Resolutions
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Where the party that has wronged, admits to the wrong doing and
accepts the consequences
Capitulation
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The parties to the dispute agree to resolve the conflict between
themselves
The parties may use a third party, or agent to assist with the
resolve
Negotiate
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An alternate dispute mechanism whereby the mediator acts as a
facilitator assisting the parties in coming to a mutually agreed
settlement.
(http://www.bankruptcycanada.com/bankruptcydictionary.htm#m)
Informal process
Can be made mandatory by statute, or contract
Mediation
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A dispute resolution mechanism, whereby an independent neutral
third party is appointed to hear and consider the merits of the
dispute, and who renders a final and binding decision called an
award.
(http://www.bankruptcycanada.com/bankruptcydictionary.htm)
Less formal than Court
Process is by agreement
Limited appeal to Court
Arbitration
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Litigation is the state sanctioned dispute resolution
process
The venue is through the Court system of a jurisdiction
Litigation
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England:
Chancery, Common Pleas, Exchequer, Ecclesiastical, etc.
Court of Kings Bench was superior court (inherent
jurisdiction)
British Columbia:
Supreme Court of British Columbia is superior court
Development of Courts
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1663 New France Customs of Paris
1763 New France surrendered to England
1774 Quebec Act establishes Kings Bench but retains Canadian
law
1783 Quebec divided into Upper and Lower Canada Upper Canada
adopts English Law
Lower Canada retains Customs of Paris
Canadian Courts
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1867 British North America Act:
s.96 The Governor General shall appoint the Judges of the
Superior, District, and County Courts in each Province, except
those of the Courts of Probate in Nova Scotia and New
Brunswick.
Canadian Courts contd
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CRIMINAL APPEALS*
SUPREME COURT
OF CANADA
Provincial/Territorial
Supreme/Superior
Courts of Appeal
Provincial/Territorial
Supreme/Superior Courts
Magistrates/Provincial/Youth
Courts (Court of Sessions of
the Peace in Quebec)
* Court names, and in some cases, appeal routes, differ for some
provinces.
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CIVIL APPEALS*
SUPREME COURT
OF CANADA
Provincial/Territorial
Courts of Appeal Federal Court of Appeal
Federal Court,
Trial Division
Tax Court
Provincial/Territorial
Supreme/Superior Courts
Divisional
Court
Surrogate/Probate
Courts, etc.
Small Claims/Magistrates Provincial Courts
(limited right of appeal)
* Some provinces do not have all of the courts shown on this
chart.
Appeal routes vary from province to province with respect to
Small Claims Courts. Special courts, such as Probate or Surrogate,
usually have disputes litigated in the Supreme Court of the
province. Ontario only. The Divisional Court is a unique court in
that it can conduct both trials and certain types of appeals.
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FEDERAL COURT
Federal
Court
Trial Division
Federal
Court
of Appeal
Supreme
Court of
Canada
Trial Court Appeal Court Final Court of
Appeal
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Trial Courts: Matters submitted via Writ of Summons or
Petition
Hear evidence, decide facts, apply law
Render and enforce decision
Appeal Courts: Review trial court decisions for error
Supreme Court of Canada: Review appeal court decisions for
error
Issue constitutional opinions to government
How Superior Courts Work
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eg. Provincial Court of BC
Jurisdiction is limited by statute
Judges appointed by Province
Appeal is to superior court
Lower Courts
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Tribunal to which a law gives specific and limited jurisdiction.
It generally operates more informally than would a court of
justice. (http://www.ei-ae.gc.ca/en/glossary.shtml#A1)
eg. APEGBC disciplinary tribunal
Established by statute
Often populated by experts
May establish own procedures
Must conform to rules of natural justice
Supervised to some degree by Courts
Administrative Tribunals
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HEY, BE CAREFUL OUT THERE!
