- e-Court.ca has been filed with Corporations Canada on March 29 2010 under number 7351801. e-Court.ca follows The Arbitration Act of Canada under number RSBC 1996 - Chapter 55. e-Court aims to provide competent, affordable and speedy justice to offer a each on the basis of contract principles ( e.g binding arbitration ). e-Court hereby acts as an agent on behalf of the litigants ( the Claimant & Respondent ) and their advisers ( counsels ). The assignment to e-Court is considered to have been given at the time the process dossier is activated. The general conditions apply to all e-Court work to be done, all its legal relationships including third parties. e-Court is the sole contractor for all work. Assignments are only accepted and implemented by e-Court. The applicability of relevant Articles of Civil Code is explicitly excluded. Article CC states: If the assignment is granted to an e-Court official with whom client or his counsel maintains a business relationship that person shall annul the assignment, except where the assignment clearly states responsibility as to the court proceedings and decision shall be the complete responsibility of that person, all without prejudice of the liability of that person.Article CC also states: If two or more persons have jointly received an assignment, each of them shall have full liability in respect to a failure to perform unless the failure can be attributed only to one single particular party.
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The liability of e-Court is limited as follows:
- e-Court is not liable in case one party (partly or whole) received an "against" judgement, unless there is intent or gross negligence by e-Court. e-Court is responsible for the selection of arbitrators, provided there is intent or gross negligence by e-Court in the selection of arbitrators. e-Court will have taken all possible measures to ensure that the website is continuous operational, safe and its office can be reached by phone. In doing so, it is realized that e-Court relies on third parties. e-Court accepts no responsibility for any failure of its websites from attempted an/or actual intrusion hacking, viruses or other damage to, or temporary failure of the Service desk, unless there is intent or gross negligence of e-Court. In no event shall e-Court be liable for indirect or consequential damages. In no event shall e-Court be liable for an amount higher than the Parties Court Fee paid for a particular and relevant case. This liability limitations also applies when e-Court is held responsible for improper functioning of the e-Court in the execution of the contract equipment, software, databases, records or other matters.All clauses of these general conditions are also applicable to the arbitrators, notaries and other employees involved in, or work on behalf of e-Court.
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The legal relationship between e-Court and the client applies
exclusively to Canadian law . This means and includes : Litigation or liabilities in the legal relationship between
e-Court and its clients shall be settled exclusively by e-Court on
the basis of civil code, whereby parties jointly instruct the
Independent Supervisory Board of e-Court to appoint an independent
judge. This will occur via a digital dossier - to be opened via the
website of e-Court in compliance with the regulations and general
conditions. Parties provide e-Court and in accordance with civil code
an irrevocable proxy as stipulated in paragraph 2 of this Article a
ruling/judgement to determine the dispute or uncertainty to bring
down in a notarial deed, for enforcement by the "winning"
party.The client(s) ends unconditionally and irrevocably any
involvement and jurisdiction by traditional provincial and/or
federal courts or other (non)government agencies.