Legal Process and Remedies
1. Introduction and Overview
- History and function of civil litigation in Canada
- History and function of criminal prosecution in Canada
- Nature of administrative law dispute resolution
2. Civil litigation
- Commencing a lawsuit: expenses of litigation, standing, jurisdiction, limitations
- Pleadings, pre-trial conferences and settlements, chambers practice
- Examinations for discovery
- Trial and judgment
3. Criminal Prosecution
- Charges, election, classification of offences
- Particulars, disclosure, preliminary inquiries
- Plea bargaining
- Voir dire, trial and sentencing
4. Administrative Law
- Procedures before boards and tribunals
- Procedural fairness
- Judicial review
5. Common law Remedies
- Damages, injunctions, abatement,
- Family law orders: spousal support, custody, divorce
- Administrative compensation schemes
6. Equitable Remedies
- Specific Performance and rectification
- Restitutionary remedies
- Accounting of profits
7. Statutory Remedies
- Sale of Goods Act
- Consumer Protection Act
- Statute of Frauds
8. Procedural Remedies
- Various interlocutory orders
9. Creditors’ Remedies
- Examination in aid of execution
- Builders’ Lien Act
- Corporate creditors’ arrangements, bankruptcy and insolvency
10. Forms of Alternative Dispute Resolution (ADR)
- Judicial Settlement Conference
- Circles and conferences
The following methods of instruction will be utilized:
- Class discussions
- Group work with conflict scenarios and case studies
Evaluation will be based upon the course objectives and will be carried out in accordance with Douglas College policies. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the course. Evaluation will be based upon the following:
- Research paper or other written assignment
- Class attendance and participation
An example of one possible evaluation scheme would be:
|Class attendance and participation||10%|
At the conclusion of this course the successful student will be able to:
- Describe the history and function of civil litigation in Canada.
- Describe the history and function of criminal prosecution in Canada.
- Describe the role of administrative law proceedings in Canada.
- Define the basic structure of a civil action from the commencement of pleadings through trial.
- Describe a criminal prosecution from charge approval through trial and sentencing.
- Describe proceedings before selected administrative boards and tribunals.
- Describe the process of appeals and judicial review of administrative decisions.
- Compare and contrast the adversarial system of dispute resolution with alternative forms of dispute resolution currently available in the Canadian legal system.
- Identify and describe remedies available to litigants in tort, contract and family law.
- Identify and describe fundamental creditors’ remedies.
- Identify and describe equitable remedies.
- Identify the various courses of action and the remedies available to disputants through a series of typical, personal conflict scenarios.
Textbooks and Materials to be Purchased by Students
A copyright compliant course pack will be available for purchase by students and will include web links, recent case law and legislation as required and excerpts from the following leading texts:
- Berryman, Jeffrey. The Law of Equitable Remedies (latest edition) Toronto: Irwin Law.
- Chornenki, G.A. & Hart, C.H. Bypass Court: A Dispute Resolution Handbook, (latest edition) Toronto: LexisNexis Inc.
- Ewaschuk, E.G. Criminal Pleadings and Practice in Canada (latest edition) Aurora: Canada Law Book Inc.
- Fridman, G.H.L. The Law of Contracts in Canada (latest edition) Toronto: Carswell
- Fridman, G.H.L. The Law of Torts in Canada (latest edition) Toronto: Carswell
- Gibson, D. & Murphy, T. All About Law: Exploring the Canadian Legal System (latest edition) Scarborough: Nelson, Thomson
- Mullan, David J. Essentials of Canadian Law, Administrative Law (latest edition) Toronto: Irwin Law.
- Stuart, D. & Delisle, R. Learning Canadian Criminal Law (latest edition) Scarborough: Thomson, Carswell
- The Continuing Legal Education Society of B.C. British Columbia Creditors Remedies (latest edition) Vancouver.
- The Continuing Legal Education Society of B.C. The Civil Trial Handbook (latest edition) Vancouver.
No prerequisite courses.
No corequisite courses.
No equivalent courses.
Course Guidelines for previous years are viewable by selecting the version desired. If you took this course and do not see a listing for the starting semester / year of the course, consider the previous version as the applicable version.
These are for current course guidelines only. For a full list of archived courses please see https://www.bctransferguide.ca
|Institution||Transfer Details for LGST 1120|
|Alexander College (ALEX)||ALEX ARTS 1XX (3)|
|Athabasca University (AU)||AU LGST 2XX (3)|
|Coast Mountain College (CMTN)||No credit|
|College of the Rockies (COTR)||COTR CRIM 1XX (3)|
|Columbia College (COLU)||No credit|
|Coquitlam College (COQU)||No credit|
|Kwantlen Polytechnic University (KPU)||KPU ARTS 1XXX (3)|
|Langara College (LANG)||LANG CRIM 1XXX (3)|
|Northern Lights College (NLC)||NLC CRIM 1XX (3)|
|Simon Fraser University (SFU)||SFU CRIM 1XX (3)|
|Thompson Rivers University (TRU)||TRU SOCI 1XXX (3)|
|Trinity Western University (TWU)||TWU GENS 1XX (3)|
|University Canada West (UCW)||No credit|
|University of British Columbia - Okanagan (UBCO)||UBCO POLI 1st (3)|
|University of British Columbia - Vancouver (UBCV)||UBCV ARTS 1st (3)|
|University of Northern BC (UNBC)||UNBC HUMN 1XX (3)|
|University of the Fraser Valley (UFV)||UFV CRIM 1XX (3)|
|University of Victoria (UVIC)||UVIC SOSC 1XX (1.5)|
|Vancouver Community College (VCC)||No credit|
|Vancouver Community College (VCC)||VCC CRIM 1XXX (3)|
|Vancouver Island University (VIU)||VIU CRIM 135 (3)|
See Criminology (CRIM) for other university transferable law and legal system courses.