Law Notes Unit #2 Test

Stare Decisis (to stand by a decision) – means that a precedent must be considered when ruling
on a similar case
Ratio Decidendi – “Reason for deciding”, form of legal reasoning, begins as a narrow rule
applied to a specific set of facts and becomes a rule with wider application through a process of
abstraction
Example Cases from Pg.40
Tara Singh buys a car from Thomas Johnson for $1000. On the way home, the front wheels fall
off the car. Singh sues Johnson to get her money back and for other damages she suffered. The
court decides in favour of Singh and rules that “where a person buys a car from another person
and the car’s wheels fall off, the buyer is entitled to his or her money back and other associated
damages.”

Brian Sutherland buys an airplane from Keiko Yoshi for $10 000. On Sutherland’s first flight in
his new plane, one of the wings fall off just after he lands the plane. Sutherland sues Yoshi and
relies on the decision in Singh v. Johnson for legal authority to support his claim. But this is an
airplane, not a car, and the faulty part was a win, not a wheel. Can Sutherland still rely on the
case as a precedent? Recognizing that the factual differences are of no logical consequence, the
judge abstracts the rule from Singh v. Johnson, so that it becomes “where someone purchases
something that is unfit for the purpose for which it was sold, the buyer will be entitled to his or
her money back and related damages.”
(Note the usage of Ratio Decidendi in these two cases)
May Chan and Fred Dixon are negotiating the sale of a car. Dixon, the seller, warns Chan that
the wheels have a bad shimmy that has not been fixed. He recommends that Chan not drive the
car very far before having the problem checked. Chan buys the car. Two days later, halfway
through a 1000 km trip, the wheels fall off the car. Chan sues Dixon, relying on the reasoning in
Singh V. Johnson and Sutherland v. Yoshi.

(Note that there is a significant difference between this case and previous cases affecting the
fairness of the transaction, as in this case Chan knew the defect and took the risk upon herself by
buying the car, so the ratio decidendi affecting the conclusion of this case was that the judge
modifies the ratio of the original rule to account for Dixon’s warning to Chan regarding the
shimmy in the car)

Substantive Law – a law that identifies the rights and duties of a person or level of government
Procedural Law = a law that outlines the methods or procedures that must be followed in
enforcing substantive law

International Law – a law that has more jurisdiction in more than one country
Domestic Law – laws that govern activities within a country
Public Law – laws that regulate activities between a state and its citizens (includes constitutional
law)
Private Law/Civil Law – refers to legal rules that govern people’s private relationships, like
contract law, property law, tort law, family law, and corporate law
Secondary Sources of Canadian Law
1. The Constitution
2. Statue Law
3. Court Decisions
e.g. Constitution Act, 1982
Statutes (or Acts) and Regulations
Particular policies become statues through a long and arduous process. First of all, proposed
legislation in the form of a bill is introduced in to the Parliament of Canada or a provincial
legislature. If the bill survives legislative committee scrutiny and three readings and votes in
Parliament of the legislature, it becomes law upon proclamation by the representative of the
monarchy - the Governor General, federally, or the Lieutenant Governor, provincially.
Statutes are enacted by the federal Parliament and provincial legislatures under the powers
provided by the Constitution Act, 1867 (formerly the British North America Act, 1867).

Case or Common Law

Two important principles
a) Judicial independence: judges function independently of the government that appoints
them & cannot be fired for an unpopular decision
b) Parliamentary supremacy: Parliament, which represents the Canadian people, has
supreme power of making laws
Constitution Act,1982, contains:
Constitution Act of 1867 (formerly the BNA Act), the Canadian Charter of Rights and
Freedoms, and the Amending Formula
Divison of Powers = The federal level of governemtn has power that’s are differenct from
those of provincial gorfenments, including:
- National defence
- Foreign affairs
- Employment insurance
- The post office
- Fisheries
- Shipping, railways
- Aboriginal lands and rights
- Criminal law
Federal government makes decisions affecting Canadians every day. Federal government
tries to make things fairer among provinces through equalization payments (extra money)
given to provinces that are less wealthy, and this way the federal government aims to make
sure health, education and welfare standards are as close as possible between every
Canadian. This is the same way that it lists the powers of the federal government,
Constitution Act, 1867 lists powers of the provinces, including:
- Direct taxes
- Hospitals
- Prisons
- Education
- Marriage
- Property and civil rights

If a provincial government passes a law outside its particular area is jurisdiction, the
federal government can strike down the statute down in court on the grounds that the
provincial government had acted ultra vires (beyond its power). In that sense, if a statue
is within the power of a government, it is considered intra vires.

Civil Liability – potential responsibility for payment of damages or other court-

enforcement in a lawsuit, as distinguished from criminal liability, which means open to
punishment for a crime

Plaintiff – A person who brings a case against another in a court of law

Defendant – An individual, company, or institution sued or accused in a court of law

Relief – Money compensation

Damages – Money compensation awarded by the court

Causes of action – exactly what it says

R v. F. (J.) Case
Accused, J.F., was high school student who exhibited disruptive behavior while in class.
Victim, teacher D.H., requested that J.F. remain after class to explain conduct and why he
had been late for class on several occasions. Accused informed D.H. that he would not
remain after class, so teacher instructed accused to go to vice-principal’s office. Accused
swore at D.H., . D.H. picked up accused’s notes, intending to follow him to the vice-
principal’s office. As accused continued down, the hall to a “T” intersection, D.H.
blocked the passage leading out of the area and pointed to the vice-principals office. The
accused however, tried to push his way past D.H., and D.H> once requested again that
accused go immediately o the vps office, and took the accused by the arm. Accused stuck
D.H. on left side of head, knocking his glasses and the notes to the floor, and accused
continued to strike D.H. and placed him in a headlock. Other people approached and
broke up fight.

Key elements of case:

Principal’s Duty – Duty to maintain proper order and discipline in the school, and shall
report promptly any serious neglect of duty or infraction of the school rules by a pupil to
the parent or guardian of a pupil
Teacher’s Duty – to maintain under the direction of the principal proper order and
discipline and has duty to cooperate with principal and other teachers to establish and
maintain consistent disciplinary practices in school
Pupil’s Duty = Exercise self-discipline

Therefore, teacher acted reasonably and did not assault the accused student by standing in
the doorway or by taking his arm to escort him toe the office. He was acting reasonably
and within his duties set out in the Education Act and the criminal code, and therefore,
the student was not acting in self-defence or reasonably and was guilty of assaulting the
teacher.
Comparing Civil and Criminal Law

Comparison Civil Criminal

Type Private Public
Parties Plaintiff v. Defendant R. (Regina or the
Crown) v. Defendant
Breach of Common or statute law Selected federal
statutes, for
example, the
Criminal Code or
Narcotic Control Act
Prupose Resolution of disputes Protection of society
Action Lawsuit Prosecution
Remedy Compensation Punishment
Courts Unified Family Court Ontario Court
Ontario Court (General Division) (Provincial Division)
Court of Appeal Ontario Court
 Supreme Court of Canada (General Division)
Court of Appeal
Supreme Court of
Canada
Case examples Contracts, assault, negligence, and Fraud, arson, theft,
landlord and tenant assault, and murder

- Britain is greatest influence: trial by jury (from Greece, presumption of innocence, rule of
law
- Initially (medieval times) had no standards of Law: trial by ordeal/combat
- 11th Century, William the Conqueror gave legal power to land barons
- 12th century, Henry II sent trained circuit judges to hold trials, and eventually developed
written laws/punishments that became common law
- King John (his son) signed Magna Carta, bringing in rule of law, trial by jury, innocent
until proven guilty, etc.