Download Understanding Civil Law: Types of Damages and Court Procedures and more Slides Civil Law in PDF only on Docsity! Private Law Docsity.com CIVIL LAW – law that governs the relationship between individuals Civil law deals largely with private rights and obligations. These include: • Contractual rights • Property rights • Torts (civil wrongs) Docsity.com The proper court: Remember: • $15000 or less – Small Claims Court • More than $15 000- Superior Court/Provincial Court Docsity.com
STAGES IN A CIVIL ACTION
Cause of Action
(complaint or reason for suing)
Writ of Summons
(in some provinces only; issued by the court)
Statement of Claim
(the facts according to the plaintiff)
Lage
Notice of Defence |
(interim document)
Statement of Defence
(defendant's response or counterclaim)
Reply
Examination for Discovery
(evidence examined by both sides)
Pre-Trial Conference
(informal meeting attended by both sides
and a judge or master)
Settlement Out of Court Trial Court
(agreement reached without a trial) (case presented and ruling delivered)
Appeal
(decision challenged by either party)
Docsity.com
• Class action suit – a lawsuit initiated by a group of people over a complaint common to all. • Examples? Docsity.com GENERAL DAMAGES • II Non-pecuniary – terrible personal loss which does not involve an actual loss of money and is difficult to quantify. • Example: pain and suffering, loss of a loved one, mental anguish, aggravated damages (humiliation or distress) CAN A PRICE BE PUT ON THESE? • Judges will usually make the monetary compensation based on rule of precedent. • However, there is a maximum of $280 000 • (recently increased from $100 000 due to inflation) WHAT DO YOU THINK? Docsity.com SPECIAL DAMAGES -compensation for out of pocket expenses • Example: medication, therapy, ambulance services, medical expenses, lost income (fixed period of time), car repairs Docsity.com PUNITIVE DAMAGES • – punish the defendant for reprehensible /malicious conduct • Example: false imprisonment or arrest, assault, battery, libel and slander Docsity.com INJUNCTIONS • a court order requiring someone to do or not do something • Mandatory injunction – to do • Prohibitory injunction – forbid to do *These may be permanent or temporary Example: apply dangerous chemicals, copyright trademarks, force striking workers to return to work Docsity.com ENFORCING A JUDGEMENT • You are on your own. The court doesn’t cut a cheque. • But….if the defendant doesn’t pay you can take the following steps: Docsity.com ENFORCING A JUDGEMENT Examination of a Judgment Debtor – being questioned under oath to find out about the debtor’s assets Garnishment – courts can order a % of wages, bank accounts be deducted to pay to plaintiff Execution or Seizure – sheriff seizes assets of debtor and sells them Docsity.com
