While busting legal myths may not be as exciting as watching Jamie and Adam conduct explosive science experiments on the show MythBusters, busting legal myths and being informed of the law can save metaphorical legal “explosions” in your personal and professional life, which could be caused by often spread misinformation. This blog explores some common misconceptions and the corresponding realities of Canada’s legal system.
Myth 1: Verbal agreements are not enforceable
The assumption that an agreement made verbally cannot be legally enforced can led to confusion and unexpected consequences. While the enforceability of verbal agreements are context and fact specific, verbal agreements can be just as legally binding as a written agreement.
There are three criteria to be met for an agreement to be legally enforceable: offer, acceptance, and consideration (something of value exchanged between the parties). Provided these three criteria are met, and can be proven, a verbal agreement can be enforceable.
While enforcing a verbal agreement can be challenging, due to lack of concrete evidence of its existence and its terms, it is not impossible and can have serious legal consequences. The power of words should never be underestimated – be careful what you say!
Myth 2: All laws are written down in legislation
Canada’s legal system incorporates common law, which is law that is not written down as legislation. Common law can be found in past decisions of the courts and becomes legal precedent which guides judges in making later decisions in similar cases. The common law evolves as society evolves. In certain circumstances, judges can create new common law precedents and/or change old ones. Common law is often commonly referred to as “unwritten” laws.
While the legislation is created and exists, the courts are responsible for interpreting and applying the legislation. The court’s interpretations of the legislation then become the common law and binding precedents for how the legislation in applied in practice.
Myth 3: Ignorance of the law is an excuse
People often assume that if they are not aware of a law’s existence, they cannot be held liable for breaking it. In fact, section 19 of the Criminal Code of Canada specifically states that “ignorance of the law by a person who commits an offence is not an excuse for committing that offence.” In other words, ignorance of the law is no excuse.
If a person is charged with a criminal offence, they cannot escape conviction simply by stating they did not know they were breaking the law. If this were the case, laws would be nearly impossible to enforce. The law assumes that individuals are responsible for knowing the laws of the land and abiding by them. It is therefore important to stay informed of the laws that apply to you in any jurisdiction you may reside in or visit.
Myth 4: If you win your civil court case, you can recoup all of your legal costs
It is a common assumption that when you are involved in a civil court case, if the judge decides in your favour and you “win” the case, the other party will be responsible for paying all legal costs you have incurred.
While the general rule is that the unsuccessful party will pay costs to the successful party, there are a number of nuances and exceptions to this rule. It is extremely rare for the court to award the successful party 100 cents on the dollar. The court often awards the successful party only a portion of their legal costs. The portion that the court awards is determined by the court based on a number of factors and considerations.
The amount of costs awarded is entirely in the court’s discretion. It is possible for the court to decline to award costs and instead order that each party be responsible for only their own costs. It is also possible, in certain circumstances, for the court to order the successful party to pay the unsuccessful party’s costs.
The myths busted in this blog are only a small number of the legal myths that exist regarding Canada’s legal system. It is important to stay informed and up to date on the current laws and practices in Canada’s legal system so that you can bust those legal myths – instead of them busting you! This WARDS LAWYERS PC publication is for general information only. It is not legal advice, nor is it intended to be. Specific or more information may be necessary before advice could be provided for your particular circumstances.