LAWS 1000 Lecture Notes - Lecture 13: Garnishment
31 Aug 2016
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Document Summary
Courts provide a forum for the settlement of a variety of private and public disputes. Individuals and organizations wishing to use courts to settle must meet certain legal requirements: Judiciabillity: involves a conflict viable to trial, or judicial determination not of hypothetical or abstract character. Standing: from a requirement asking person rights having been violated, to a more relaxed notion by the scc of having a genuine interest. De minimus non curat lex: the law will not concern itself with trifles. Reimbursement of 10$ even if justifiable in principle. Statutes of limitation: limit to the period of time in which lawsuit must be commenced, different in every provinces and territories. Depending on the identity of the defendant and the type of offence. Economic and delay incentives may be decisive in out-of-court settlement. Small claims court: deals with less than 25k. Societal factors and dispute resolution to consider .
