LAW CH11

• Civil law


  Also known as private law or tort law, regulates disputes between individuals/company
• Purpose of criminal law

  To punish offenders while protecting society
• Purpose of civil law

  To compensate for harm, usually in the form of damages - $$$ awarded to a plaintiff for harm, loss, or injury
• Plaintiff


  The person or party that initiates the lawsuit
• Defendant


  The party that must respond to the lawsuit
• Typical civil actions, or lawsuits

  • Tort Law
  • Family Law
  • Contract Law
  • Labour Law
  • Property Law
• Many crimes can also become torts


  If a person is convicted of a crime, the victim does not usually gain from that personally
• A person can be sued in addition to being charged


  If successful, the victim will receive compensation directly
• Common examples of crimes becoming torts


  • Break and enter = trespass to land
  • Theft = trespass to goods
• Civil courts


  Used to hear various civil cases, similar to criminal law
• Small claims court


  Resolves civil disputes of $10,000 or less, although some provinces have limits as high as $25,000
• Small claims court


  • The trial is more informal, with the plaintiff and defendant representing themselves
  • Both parties present their sides of the story to a judge and do not need to know much about the law as the dispute is usually fairly simple
  • Plaintiffs file the paperwork themselves and pay a court fee
• Common examples of small claims actions

  • Breach of contract
  • Minor accidents
  • Damage to property
  • Recovery of property
  • Unpaid bills, loans, rent, or wages
• Balance of probabilities


  In a civil case, verdicts are based on "more probable than not"
• Filing and serving a claim

  1. Plaintiff must file a statement of claim

  2. Court fee must be paid by plaintiff

  3. Copy of lawsuit is served to defendant

  4. Civil action must be filed within a certain time of the incident (limitation period of 2-5 years)

  5. Defendant has 10-30 days to respond, depending on province
• A defendant's options


  • Accept total responsibility and settle
  • Ignore the claim (default judgment for plaintiff)
  • File a counterclaim
  • Fight the plaintiff's claim by filing a statement of defence
  • Make a third-party claim
• Higher courts


  • Plaintiff and defendant retain counsel (lawyers)
  • Examination for discovery is a pre-trial process to learn the evidence that each side intends to present
• Civil trials


  • Can be decided by a judge or jury (jury not often used)
  • Plaintiff presents their side first, followed by defendant
  • Each party summarizes with a closing statement
  • Decision can grant all, part, or none of the plaintiff's claim
• Class action lawsuit


  A single legal action brought forward on behalf of several people who share a common grievance
• Types of damages


  • General
  • Special
  • Punitive
  • Aggravated
  • Nominal
• General damages


  Cannot be easily or precisely calculated, divided into pecuniary (loss of income, future earnings, cost of care) and non-pecuniary (pain, suffering, loss of enjoyment)
• Special damages


  Awarded for specific out-of-pocket expenses incurred before the trial
• Punitive damages


  Meant to punish the defendant for malicious behaviour
• Aggravated damages


  Awarded for mental distress, humiliation, pain and suffering
• Nominal damages


  Awarded as a moral victory for the plaintiff who has suffered little or no harm
• Injunction


  A court order that directs a person to avoid doing something for a specific period of time
• Contingency fee


  An arrangement where a lawyer is paid a certain percentage at the end of the trial or settlement, but not otherwise
• Enforcing judgments


  1. Plaintiff must collect damages from defendant, whose ability to pay is analyzed

  2. Defendant's wages may be garnished, with enough left for living expenses and dependants
• Alternative dispute resolution (ADR)


  Designed to solve civil disputes without a formal trial, includes negotiation, mediation, and arbitration
• ADR models


  • Negotiation
  • Mediation
  • Arbitration