As to which court the civil case will be heard in is determined by the jurisdiction of that particular court. Different courts have different powers,

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Presentation transcript:

As to which court the civil case will be heard in is determined by the jurisdiction of that particular court. Different courts have different powers, which may be defined by common law Small Claims Superior Court of the Province and Territories Courts of Appeal for Provinces and Territories Supreme Court of Canada Federal Court of Canada The system is an adversarial system, meaning that there will be a winner and a loser. In civil cases the loser pay the cost of the litigant. If the case is appealed to a higher court, the cost increases Civil Courts

To settle disputes that are not too complex Amount of money involved is limited to $10,000 Parties can represent themselves bring a lawyer a law student Types of issue: money owed for unpaid loans back rent services preformed Goods bought on credit return of shoddy goods Personal injury Property damage Small Claims

Disputes heard here are more complex: serious motor vehicle accidents, class action lawsuits contract disagreements serious personal injury A lawyer is required The case is often heard by a judge, but in some cases a jury (six members) Superior Court

They have no authority to overturn the decision of a jury They can order a new trial There decisions are binding, unless appealed to the Supreme Court of Canada Generally the appeal court is a panel of 3 Judges Appeal Court

This is the last and final Court of Appeal for both criminal and civil cases. Decisions made here are binding across the country and in all jurisdictions The number of judges sitting on the panel can range from 3 to 9, depending on the importance of the case. Supreme Court of Canada

The court has jurisdiction over matters involving the Crown or issues that are within the federal jurisdiction Cases heard here: intellectual property (copyright & trademarks) Citizenship appeals civil cases involving the Federal government Federal Court of Canada