Resolving Civil Disputes Unit 4 – civil law

Let’s Recap… Civil Law Civil Law = Private Law Regulates disputes between individuals and organization (business or government) PURPOSE: compensate for harm done Person may bring an action against the person who committed the civil wrong for DAMAGES (money)

Types of Civil Actions TORT LAW FAMILY LAW CONTRACT LAW Injuries done by one person to another person’s body, property or reputation and claims arising from serious accidents Mother sues school district over bullied son (breached duty of care for her son) FAMILY LAW Deals with all matters pertaining to family i.e. Marriage, divorce, child custody, support claims, division of property and adoption CONTRACT LAW Makes & enforces agreements between two individuals i.e. Failure to pay for work done, something bought but not yet delivered, non- payment of rent Vancouver - Engagement Ring Contract Case The Brick - Deal or No Deal?

Types of Civil Actions LABOUR LAW PROPERTY LAW Outlines the rights & obligations of employers and employees (also called employment law) i.e. Wrongful dismissal from work, unpaid overtime Hussain v. Suzuki Canada Ltd- Employment Law (start at 3:19mins) PROPERTY LAW Deals with disputes about ownership, rights and interests in property Nunatsiavut President - Inuit Land Claims court decision (4 mins)

Resolving Civil Disputes There are three main methods of resolving civil disputes Negotiation: the parties communicate with each other until a decision is reached Mediation: A third part (a mediator) listens to the parties in the dispute and helps them make a decision that all will accept Arbitration: A third part (an arbitrator) listens to the parties and makes a decision. Often, the arbitrator is a respected expert, and the parties must agree in advance to accept the arbitrator’s decision.

Civil Trial Procedures in Higher Courts No Settlement can be reached, parties got to court for a trial by judge alone or judge and a civil jury of SIX people (except in small claims court – only judge) Similar to criminal trial, plaintiff goes first, followed by defendant Jury must consider the evidence Doesn't have to be unanimous but you need 5 out of 6 who believe on the balance of probabilities (whose side do you feel is telling the more believable story).