What are the two legal systems in Canada?
- Criminal Law
- Civil Law
Criminal Law deals with wrongs against society, while Civil Law addresses disputes between individuals or entities.
How is civil law administered in Canada?
- Quebec: follows Civil code
- All other provinces: common law based on the doctrine of precedent
Judges are guided by similar circumstances from the past in common law.
Define Statute Law.
Written law enacted by provincial or federal governments
Statute Law overrides common law in cases dealing with the same matter.
What are the three levels of courts of law?
- Small claims court
- County or district court
- Supreme court
Small claims court handles claims of $5,000 or less.
What are the two branches of civil law?
- Contract law
- Tort law
Contract law deals with legal enforceable agreements, while tort law involves wrongs in breach of duty.
What are the two types of torts?
- Intentional torts
- Unintentional torts
Intentional torts are done on purpose, while unintentional torts involve negligence.
Define negligence.
The omission to do something a reasonable person would do or doing something a reasonable person would not do
It involves a failure to exercise reasonable care.
What is strict liability?
Liability without regard to fault for certain activities
It applies to situations where harm could result from hazardous activities.
What are the main features of liability policies?
- Bodily injury or property damage
- Personal injury losses
- Direct financial loss
Liability policies insure losses to third parties only.
Explain compensatory damages.
Designed to compensate the injured party, can include:
* Property damage
* Bodily injury
* Special damages
* General damages
General damages cannot be exactly determined in monetary terms.
Define a trespasser.
Someone on land without permission
No legal duty is owed, but traps cannot be set and intentional harm is prohibited.
What is a licensee and what legal duty is owed to them?
On land with permission for their own purpose
Occupiers must point out known dangers not expected by licensees.
What is an invitee and what legal duty is owed to them?
Invited onto land for mutual benefit
Occupiers must point out known dangers and those they should know about.
Explain Occupier’s Liability Acts.
Replace common law categories with ‘visitors’
Require occupiers to keep visitors reasonably safe when using premises.
What duty is owed to people outside the client’s premises?
Must be kept safe when passing by
Neighbors must be protected from dangerous items on premises.
Outline responsibilities of animal owners.
- Domestic animals: responsible for first bite
- Wild animals: strictly liable for injuries
Owners are liable for harm caused by their animals.
Outline responsibilities of parents.
Generally not responsible for children’s torts unless:
* Fail to supervise
* Give dangerous items
* Child acts on parent’s instruction
* Child works in parent’s business
Children are responsible for their own torts unless they cannot understand consequences.
Outline responsibilities of landlords.
- Single Occupancy: not responsible unless dangerous conditions concealed
- Multiple Occupancy: responsible for common areas
Landlords must maintain safe conditions for tenants.
What is Joint Liability?
When two or more people commit a tort together
Joint tortfeasors may dispute liability, delaying settlements.
Outline responsibilities of independent contractors and principals.
Occupiers not responsible unless:
* Work is dangerous
* Creates public nuisance
* Breaches statutory obligations
* Injuries arise from occupier’s equipment
Control over how work is done may also impose liability.
Who is insured by Section II of Homeowners policies?
Same as Section I plus:
* Others with custody of insured watercraft/animal
* Residence employees using insured vehicles
* Legal representatives after client’s death
Insured persons living in the home when the client dies are also covered.
What are the four coverages of Section II: Liability coverage?
- Coverage E: Personal liability
- Coverage F: Voluntary medical payments
- Coverage G: Voluntary payment for damage to property
- Coverage H: Voluntary compensation for residence employees
These coverages provide various forms of liability protection.
- Identify five locations insured by Section II.
- Named premises, including named seasonal residences
- Premises clients are temporarily residing in
- Newly acquired premises
- Individual or family cemetery plots or burial vaults
- Vacant land in Canada owned or rented by clients, other than farm land
- Land where a contractor is building a home to be occupied by clients
What is covered by Coverage E Personal liability?
Legal liability arising from personal actions anywhere in the world
It protects clients as private citizens.
