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• Civil Law


  Also known as private law
• Disputes in Civil Law

  • Between individuals
  • Between individuals and organizations such as businesses and governments
• Purpose of Civil Law

  To compensate for harm
• Purpose of Criminal Law

  To punish offenders and protect society from dangerous people
• A person may bring an action against the person who committed the civil wrong for damages
• Damages


  Money award to a plaintiff for harm or injury suffered
• Five Main Branches of Civil Law

  • Tort Law
  • Family Law
  • Contract Law
  • Labour Law
  • Property Law
• Criminal (Crimes) and Civil Law (Torts)


  May involve both a crime and a tort
• Publicly the victim calls the police who may lay charges which are then prosecuted by the Crown attorney according to the criminal code


  • Privately the person can also sue under civil law for damages
• If a person...


  • Hits another person
  • Breaks into someone's property
  • Takes someone's belongings
• It may be a crime of...

  • Assault
  • Break & enter
  • Theft
• And also the tort of...

  • Battery
  • Trespass onto land
  • Trespass to goods
• Small Claims Court


  Very simple cases, informal, inexpensive, no jury, only a judge, lawyers can be obtained by choice, used mainly by businesses, the public is responsible for filing a claim by filling out the forms independently
• Examples of Small Claims Court cases

  • Damages to property, recovery of property, breach of contract, claims for minor accidents, unpaid bills/loans/rent/wages
• In Manitoba the dollar limit for Small Claims Court can exceed $15,000, minors can sue up to $500
• Plaintiff


  The person who is suing
• Defendant


  The person who is being sued
• Class action


  If more than one person or party has suffered the harm, all injured parties should sue together as plaintiffs in one action
• Litigation


  The process of suing, the parties in the action are the litigants (the plaintiff and the defendant)
• Balance of Probabilities


  The standard of proof in a civil case meaning "more probable than not"
• In a civil action the burden of proof is on the plaintiff, they must try to convince a judge that the events most likely took place in the way they claim, the defendant will then try to show that his or her version is what really happened is true, the judge will decide whose side is more believable and more likely to have happened
• Criminal Law


  Society represented by the Crown may take criminal action
• Civil Law


  The person can begin civil action and sue for compensation
• Case Factors - Criminal/Public Law

  • Parties Involved: Crown v. Accused
  • Grounds/Reason: To determine guilt/innocence
  • Purpose of Action: To punish the offender
  • Onus of proof: The prosecution has to obtain proof and prove the defendant is guilty
  • Burden of Proof: Guilt must be proven beyond reasonable doubt
  • Result of Action: Accused is guilty or not
  • Action taken if Defendant is guilty: Jail time, Fine/Charge, Community Service
• Case Factors - Civil/Private Law

  • Parties Involved: Plaintiff v. Defendant
  • Grounds/Reason: To settle disputes equally
  • Purpose of Action: To compensate for harm
  • Onus of proof: The plaintiff has to obtain proof and prove balance
  • Burden of Proof: Prove their case on a balance of probabilities
  • Result of Action: Defendant is liable or not
  • Action taken if Defendant is liable: Pay the amount sued for
• 2 Steps to File a Claim

  1. Step 1: File a statement of claim

  2. Step 2: Serve the defendant by hand delivering the papers
• Responding to a Claim

  • Option 1: Accept total responsibility and settle the claim
  • Option 2: File a statement of defence
  • Option 3: Do nothing and ignore the claim
• Default Judgement


  If the defendant does not reply to the claim, a default judgement is automatically made against him, the plaintiff wins and recovers the amount claimed plus any related costs
• Out-of-Court Settlement


  At any point, either party (the litigants) can opt for an out-of-court settlement
• Pre-Trial Processes


  1. Pre-trial conference: Both parties meet with a judge and allows each party to hear a basic summary of the others case so there are no surprises at trial

  2. Examination for Discovery: A pre-trial process to learn the other side's evidence, both parties must disclose all relevant documents
• The Trial


  If no settlement is reached the parties go to trial by judge alone or by a judge and a civil jury of 6 people, the Plaintiff goes first, the defendant second, once all evidence is presented, they each give a final argument statement, the judge/jury will make a decision to allow none, part, or all the claim
• Class Action Lawsuits


  Lawsuits that permit groups of people who have suffered similar losses or injuries to come together in one efficient lawsuit, they share the costs of the lawsuit & the outcome, they are more common in Canada
• Examples of Class Action Lawsuits

  • Consumers injured because of an allegedly defective product
  • Residential schools from the 1930s-1970s
  • Manufacturing defective or hazardous products
  • Mass environmental injury
  • Mass injury
  • Charging cellphone customers for incoming text messages
• 5 Types of Damages

  • General
  • Special
  • Punitive
  • Aggravated
  • Nominal
• General Damages


  Damages that cannot be easily or precisely calculated, they require a judge's or jury's discretion
• Two main categories of General Damages

  • Pecuniary Damages: For loss of income & future earnings and the cost of specialized future care
  • Non-pecuniary Damages: For pain and suffering and for loss of enjoyment of life
• Special Damages


  Compensation for out-of-pocket expenses that occur before trial
• Punitive Damages


  Compensation to punish the defendant for malicious behaviour
• Aggravated Damages


  Compensation awarded for humiliation & mental distress
• Nominal Damages


  Compensation awarded as a moral victory to a plaintiff who has not sustained any actual loss