Civil Remedies

• Damages


  The most common remedy in tort law, intended to return as much as possible to the plaintiff
• No amount of money can adequately compensate victims in the case of a severe injury or total paralysis, however awarding damages will aid in future costs associated with physical/mental care
• Judges


  • Award similar amounts for similar injuries and use precedents, but are not bound to this as a rule
• Types of Damages


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


  Damages that cannot be easily or precisely calculated, requiring a judge's or jury's discretion
• Canadian courts take a cautious & reasonable approach to general damages cases, unlike the highly publicized US cases
• The Trilogy


  Three cases that came before the Supreme Court of Canada in 1978 that established guidelines for general damages
• The Trilogy cases


  • Thornton v. Prince George School District No 57
  • Teno v. Arnold
  • Andrews v. Grand & Toy Alberta Ltd
• Categories of General Damages

  • Pecuniary Damages
  • Non-pecuniary 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
• Punitive Damages case


  • 1994 fire destroyed the Whiten home, insurance company denied claim alleging arson (untrue), Supreme Court ordered $1 million in punitive damages
• Aggravated Damages


  Compensation awarded for humiliation & mental distress caused by the defendant's behaviour
• Aggravated Damages case


  • Drug company makes morning-sickness pill that later reveals causes birth defects, despite knowing this
• Nominal Damages


  Compensation awarded as a moral victory to a plaintiff who has not sustained any actual losses
• Nominal Damages case


  • Someone who trespasses may be forced to pay $100 to indicate the owner's right of property use was affected
• Injunctions


  Court orders directing a person to do or not do something for a specific time period
• Injunction cases


  • Preventing a spouse from selling a matrimonial home
  • Ordering a neighbour to limit loud music
  • Requiring a factory to stop dumping waste
  • Requiring striking workers to return to work
• Contingency Fees


  An arrangement where a lawyer is paid an agreed-upon percentage of the damages at the end of the case, often used for people who can't afford to pay lawyer fees upfront
• The fee must be determined in advance in a written agreement between the client & lawyer, and is usually 20%-40% of the amount of money awarded