{"id":22035,"date":"2021-11-27T01:27:33","date_gmt":"2021-11-27T01:27:33","guid":{"rendered":"https:\/\/academicwritersbay.com\/answers\/civil-law-concepts-and-cases\/"},"modified":"2021-11-27T01:27:33","modified_gmt":"2021-11-27T01:27:33","slug":"civil-law-concepts-and-cases","status":"publish","type":"post","link":"https:\/\/academicwritersbay.com\/answers\/civil-law-concepts-and-cases\/","title":{"rendered":"Civil Law Concepts and Cases"},"content":{"rendered":"<p><span class=\"ember-view\"><\/p>\n<div class=\"conversation__group-bubbles o__user\">\n<div class=\"conversation__bubble o__user-comment ember-view\">\n<div class=\"conversation__bubble__inner\">\n<div dir=\"ltr\" class=\"conversation__text                            o__user-comment\">\n<div>\n<div class=\"intercom-interblocks\">\n<div class=\"intercom-interblocks-paragraph intercom-interblocks-align-left\">\n<p>It is a  Civil Law Concepts and Cases with little case study in it and questions to respond to<\/p>\n<\/p>\n<p><span class=\"m__conversation-stream__compact m__conversation-stream__compact-last ember-view\">For<br \/>  this assignment, you\u2019ll examine a real case from 2003: Kaiswatum v.<br \/> Canada (Attorney General). The plaintiff is a residential school<br \/> survivor who suffered abuses during his stay at Qu\u2019Appelle Residential<br \/> School in Saskatchewan. This case demonstrates some of the challenges in<br \/>  bringing a tort action for breach of fiduciary duty and vicarious<br \/> liability. Read the case carefully and answer the following questions.<br \/>1. Identify the plaintiff and the original defendant. (1 point)<br \/>2. Describe the claims of the plaintiff. What torts were claimed against Canada and why? (2 points)<br \/>3. How did the plaintiff describe the damages caused by the Attorney General (representing Canada)?<br \/>According to the claim, what duties did Canada have in this situation? (2 points)<br \/>4. How did the Attorney General of Canada respond to this lawsuit? What was the third-party claim? (2 points)<br \/>5. What is \u201ctrespass to the person\u201d? Under what circumstances are parties under a time-limit for bringing an<br \/>action for trespass to the person, and under what circumstances are they not? (2 points)<br \/>6. What did the judge decide about the limitation period on this case? (2 points)<br \/>7. According to the plaintiff, when did the injury or damage cease? (1 point)<br \/>8. Why is the Crown Liability Act of 1953 important in this case and to other claims related to residential<br \/>schools? [Think about when Canada\u2019s \u201cIndian Residential Schools\u201d were in operation.] (1 point)<br \/>9. Research the concept of \u201cdiscoverability\u201d in law.<br \/>  o o o<br \/>Briefly describe what how discoverability relates to this case. (1 point)<br \/>What does the judge\u2019s summary indicate about the next legal steps for the plaintiff\u2019s case? (1 point)<br \/>How<br \/>  could the plaintiff win his case? What difficulties might he face?<br \/> [Hint: Review your answers to Questions 6 and 7.] (2 points)<br \/>10. This<br \/>  case is from 2003, and while it illustrates some of the concepts you\u2019ve<br \/>  learned about in Module 3, it is a relatively old case. Briefly<br \/> describe two major legal developments (decisions, processes) made since<br \/> this time regarding residential school claims, and two developing issues<br \/>  that are still before the courts. You will need to conduct your own<br \/> research to answer this question. Be sure to cite your sources. The<br \/> following two resources may be helpful: (3 points)<\/span><\/p>\n<\/p>\n<\/div>\n<\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/p><\/div>\n<\/div>\n<\/p><\/div>\n<p>        <\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>It is a Civil Law Concepts and Cases with little case study in it and questions to respond to For this assignment, you\u2019ll examine a real case from 2003: Kaiswatum v. Canada (Attorney General). The plaintiff is a residential school survivor who suffered abuses during his stay at Qu\u2019Appelle Residential School in Saskatchewan. This case &#8230; <a title=\"Civil Law Concepts and Cases\" class=\"read-more\" href=\"https:\/\/academicwritersbay.com\/answers\/civil-law-concepts-and-cases\/\" aria-label=\"Read more about Civil Law Concepts and Cases\">Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-22035","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/academicwritersbay.com\/answers\/wp-json\/wp\/v2\/posts\/22035","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/academicwritersbay.com\/answers\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/academicwritersbay.com\/answers\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/academicwritersbay.com\/answers\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/academicwritersbay.com\/answers\/wp-json\/wp\/v2\/comments?post=22035"}],"version-history":[{"count":0,"href":"https:\/\/academicwritersbay.com\/answers\/wp-json\/wp\/v2\/posts\/22035\/revisions"}],"wp:attachment":[{"href":"https:\/\/academicwritersbay.com\/answers\/wp-json\/wp\/v2\/media?parent=22035"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/academicwritersbay.com\/answers\/wp-json\/wp\/v2\/categories?post=22035"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/academicwritersbay.com\/answers\/wp-json\/wp\/v2\/tags?post=22035"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}