Tort Law in Canada - Assignment Example

Download file to see previous pages Mediation is more flexible since parties can consider various alternatives without arriving at the final agreement while litigation is contentious and costly and getting back to courts will require a change of circumstances of the case. Mediation is cheaper since the parties hire a neutral mediation expert as opposed to litigation which entails two opposing attorneys and numerous court proceedings.

Examples of types of cases that would be more suitable for mediation than litigation divorce cases that involve sharing of property, child custody disputes, and disputes between business partners.

An indictable offense is an offense that can only be tried on an indictment after a preliminary hearing to determine whether the accused has a prima facie case to answer. They are the most serious offenses under the criminal code and carry serious punishments such as life in correctional centers. Some facts of indictable offenses include the lack of limitation on when charges can be laid except for treason where the limitation for trial is three years. The trials are held in Provincial courts. The police can arrest a person without a warrant of arrest. The convicted persons can only apply for a pardon after ten years after conviction. Examples of such offenses in Canada include murder, treason, and aggravated sexual assault (Baudouin and Linden 45).
Question 2

Section 4 (2) of the Constitution Act 1982 provides that the House of Commons extend its term duration beyond five years in the event of war, invasion, or aggression after the approval of two-thirds of its members.
Section 11 (b) of the Constitution Act 1982 provides that accused persons have a right to a speedy trial and justice within a reasonable time.
Section s16 (2) of the Act outlines the official languages and provides equality between the two languages since New Brunswick is dominated by English-speaking and French-speaking citizens. In this case, the government institutions and legislative organs must use the two languages.

Section 28 of the Act safeguards gender equality by outlining that both males and females are guaranteed equal rights and freedoms. The section is important since it prohibits discrimination based on gender.
Question 3

a) The case of Williams v. Condon, 2007 14925 (ON SC) was presided over by Justice van Rensburg.
b) The plaintiff, Steven Williams was walking across the parking lot at Kingspoint Plaza, Brampton at the time of the accident
c) The plaintiff claimed both general and special damages. General damages are not assessed directly and include non-monetary losses suffered from the injuries. In this case, general damages include depression, loss of future income due to injuries, pain, disfigurement, and loss of lifestyle. The special damages are directly linked to the injuries and are quantifiable in monetary terms. The special damages include surgery costs and medical bills.

d) The legal issue was whether a release of tort claim signed by the plaintiff was binding and enforceable.
e) There is a difference in effect between void and voidable is that a contract is ‘void’ when neither party can enforce such contract and should treat as never existed. Voidable is a valid contract, but only one party is bound by the contract and the unbound party can rescind or cancel the contract. For instance, the plaintiff claimed that he entered the contract while incapacitated (drunk).

f) The plaintiff was basing his case on the ground of mental incapacity since he was intoxicated after consuming prescription drugs and alcohol
g) The first release was for $ 5,300

h)three steps needed to be undertaken before such a contract can be set aside. The first step is establishing whether there was a duty of care. The second step is establishing if the defendant breached the duty of care by looking at the cause in fact and proximate cause. The third step is determining if the plaintiff suffered actual damages by ensuring that the plaintiff proves a legally recognized harm. The courts will then decide on the damages that should be paid to the plaintiff in the form of claim settlements.
i) It was held that the plaintiff was found not to have lacked capacity since there was inequality in bargaining power due to unconscionability. ...Download file to see next pages Read More