What countries gave Canada the basis for its legal system?
When a common thread of court rulings was created, what name was given to the laws?
common law --of England
How did the law end up in North America?
settlement of the English colonies
What did the Quebec Act state?
rQuebec to follow the English law in crimal matters and not continue that of the customs of Paris in civil matters.
What is another name for Common Law and why does it have that name?
found not in a code but in the recorded judgements of courts.
Stare Decisis is Latin. What does it mean in English?
Already been decided
The other type of law is called Statute Law. How are these types of laws set?
passed by federal or provincial legislatures.
What types of laws are those involved in the adventure industry susceptible to?
common and statute laws
Name a statute law that is applicable to an adventure company.
motor vehicle act
What are the three levels of provincial courts?
first level-less serious family, civil and criminal
second level-superior courts deal with major civil and crimal
Third level-courts of appeal, hear appeals from provincial superior courts
What is the name of the highest appeal court in Canada and what is its function?
Explain the following terms "Pleading"
documents filed by parties, stating what claims and defenses are at issues
Explain term "Writ of summons"
describes the wrongs committed by the defendant
explain the term "Appearance"
document-which states that he or she will defend the case.
We have probably all heard a show, or read a judgment where one party or another is told to “pay the costs”. Does this mean the “winner” ends up with no expenses?
no does not necessarily mean a full reimbursement.
What do you think a “frivolous case” is? Give an example.
No chance of being won
sueing over a pare of lost pants at the dry cleaner
Pearson and Chung trial.
What is your opinion of the professional code of ethics vs. what tort law has to say about no duty to others?
I don’t agree with it. If you are able to help without putting you or the other person in danger, you should do so.
What is the rationale for the Canadian tort law not to require someone to assist when there is no duty of care established?
It’s a corrector system, not a moral persuader
When there is no duty of care and you voluntarily try to help and fail in the attempt or exacerbate the situation (by causing further injury) what have you exposed yourself to?
Potential civil liability
If you, as a guide, accidentally injure someone and are not aware of it, do you have a duty of care? If you are aware of the injury do you have a duty of care?
If aware, you have a duty for both, if unaware, there is no duty
Law finds a person liable based on whether there was a duty of care. What other factor is considered?
Reasonable person (if defendant met a reasonable standard of care)
Describe a reasonable person.
Someone of normal intelligence who would apply reasonable care towards others
You are a newly hired junior guide at an outfitter. It is your very first job as a guide. Due to a sudden illness the original guide for an upcoming trip will be unavailable. The employer wants you to run the trip.
What pressure/s are you under?
job pressure, advance in company, may lose $ for company, want to keep customers safe
A bad accident happens on the trip you are guiding. The accident was primarily caused by your inexperience and you have been taken to court.
What might you have done prior to departing on the trip?
say no. inform employer that you are uncertain that you have the proper knowledge/ skills/ experience
Why is it important for a guide to be absolutely certain that he/she is familiar with professional customs and norms?
that’s what they’ll be judged by if they go to court. Need proof of adequate training
In court how are customs and generally approved practices determined?
by expert witnesses
Are the courts clear about a guide having sufficient knowledge and experience?
yes. Lack of knowledge/ experience= at fault because they decided to attempt activity without accounting for deficiencies
How might a guide prove existence of knowledge in court?
more formal the training and certification demonstrated= better off
Why are doctors held to a higher level of standards than a guide?
they are paid more
What is “informed consent?”
patient has right to be fully informed of all risks of activities and are willing to accept
Write a short sentence relating to an outdoor activity that would include your clients giving “informed consent”
Rock climbing: I am fully aware that there is a risk of falling and hitting my head
Should a guide have to explain each and every risk that will be encountered on a trip?
No, but give circumstances
You are the guide of a 4 canoe brigade which includes three 2-man canoes other than yours. There is a varying degree of skill in the three client canoes. Your brigade has reached a spot where there are three possible routes to take, each being more difficult (dangerous) than the other. You explain the options/risks to the canoeists and it turns out that one canoe wants to take each route. This means one canoe votes for each route. As brigade leader you are forced to make the final decision on which of the three routes to take.
What is your decision and why?
Less dangerous, everyone can do it= less risk
Describe causation in your own words.
the relationship between the cause and effect. Defendant must have caused injury and it couldn’t have been too remote
Describe how a material contribution to an injury can allow a defendant to be liable for a percentage of the damages.
If their materials are in some part a contributor to the injuryex. Nora efford and the boat’s lack of handles in the front seat
Who is more able to pay liability damages, an employee or an employer? Do courts take this into account?
Give an example of the most common “thin skulled” rule.