Introduction to Law in Canada Notes 2.docx

Introduction to Law in Canada Notes 2.docx - Notes Subject...

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Notes: October 16, 2017 Subject: Intro to Law Side notes: 1867 – First constitution 1982 – Final constitution The Enabling Statutes create the Boards Can’t make a decision outside the statute that decision would be ultra vires (outside the powers; or beyond the powers) Intra vires – inside the powers; or within the powers Precedent – a past case where the facts and the law are the same or similar to the current case How to fight other side’s precedent (included in exam on Oct 31): 1. Distinguish those precedents – are the facts from the current case different from the precedent? o There’s material difference 2. Case is out of date 3. Interpreted differently by judges o The case was poorly reasoned o The case is not a workable precedent 4. Has been reversed on appeal LSUC Alert: Small Claims Court 1. Order return of property (Detinue) Detinue – a legal claim to recover wrongfully detained goods or possessions In case of detinue, send a demand letter before you can sue or go to court 2. Compensatory damages 3. Equitable remedy of “money” If your client dies mid-case , get the permission of the Estate or Trustee of the Estate Estate – assets and debts of deceased Estate Trustee – executor / executrix If a client dies intestate, it means he or she died without a will. If that happens, the government will appoint the Trustee, who is usually the next of kin.
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Common Law
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