Civil Law Procedures Chapter 13 p. 384 The role of the civil courts is to resolve conflicts. So how do they do that?

Tort Definition: The word “tort” means a wrong that could be either intentional or unintentional (negligent)

Crimes and Torts Some wrongs in society involve both criminal and civil responses If a person… It may be a crime of: And also the tort of: Hits another person Assault Battery Breaks into someone’s house Break and enter Trespass to land Takes someone’s belongings Theft Trespass to goods

Onus A civil case is determined based on a BALANCE OF PROBABILITIES Different from criminal cases where the Crown must convince the Judge/Jury beyond a reasonable doubt that the accused committed the offence. A civil case is determined based on a BALANCE OF PROBABILITIES Now the plaintiff (the one suing) must try to prove that their version of events is more likely the truth. A defendant must do the same with their defense.

Balance of Probabilities In civil action the burden of proof is on the plaintiff to prove that the events most likely took place in the way they claim Balance of probabilities: The standard of proof in a civil case meaning “more probable than not” Criminal – Beyond a Reasonable Doubt Civil – Balance of Probabilities

Parties involved The process of suing is called “litigation” The people involved are called “Parties” The parties involved are called “litigants” Litigants include the defendant and the plaintiff Plaintiff – the person suing in a civil action Defendant – the person being sued in a civil action see page 386

Civil courts 1) Small claims court – “the People’s Court” -informal and inexpensive way of solving things -both sides explain their story and the judge decides -parties do not need to know legal procedures -parties represent themselves Examples: breach of contract, claims for minor accidents, damage to property, recovery of property See page 395, LIA

Civil Courts 2) Superior Court of the Province (Trial Division) “regular court” -cases involving larger sums of $ and more complex -Involve lawyers -Trials are usually by judge alone, but can be jury Examples: Class action lawsuits (lots of parties harmed or names), contract disagreements (labour usually), or serious personal injury cases

Stages in a lawsuit - SOC Statement of Claim is served on the party being sued. This initiates the legal action. The SOC clearly states all the facts that support a lawsuit and it must clearly say what is the desired remedy. Example: you are being sued for running over my toe and leaving me unable to work for 8 weeks. I seek $5000 for pain and suffering and $5000 for lost wages. The language and format of the SOC is far more prescribed (formal format), but the example is a summary idea.

Stages in a lawsuit -options Now the defendant has to reply or the court assumes that they AGREE and the remedy requested is awarded by the court. This is called a DEFAULT JUDGEMENT So ignoring the lawsuit is a bad idea  They can: 1) accept liability and settle out of court 2) fight it (need to file a Statement of Defence) 3) ignore it and get a default judgement

Statement of Defence Statement of Defence (SOD) is when the defendant responds to the plaintiff’s SOC (must be filed within 20 days of receiving the SOC) They outline their version of the events They can deny the allegation in whole or in part They can even file a COUNTERCLAIM Here they can state their own lawsuit against the plaintiff and request their own remedy.

Get together to talk Unlike T.V., we are quite civilized in Canada Before trial, all parties sit down and share all evidence and ask each other questions for clarity and to see each other’s strengths and weaknesses. The purpose? Obtain admissions to certain facts Saves money and reduce court time Encourage parties to settle before going to court Called: EXAMINATION FOR DISCOVERY

Pretrial Conference Before a Judge Hears the outcome from the Examination for Discovery and attempts to direct the parties towards an ALTERNATIVE DISPUTE RESOLUTION method, to avoid trial

ADR – 4 methods Negotiation: an attempt by the two parties to find an agreement and settle out of court. May happen after Examination for Discovery, or earlier. Mediation: 3rd party intervenes to try to help two parties to come to an understanding. Court may order mediation be tried before a trial date is set. Conciliation: 3rd party hears both sides and determines a decision they see as fair. Not binding Arbitration: 3rd party hears both sides and decision is binding (like trial). Agree in advance.

Trial Can have a settlement out of court or Proceed to court Whomever LOSES the case has to pay not only their own big legal bill (lawyers are not inexpensive), but they also need to pay the court costs for the successful litigant. That includes lawyer fees and all filing fees! Plus they have to pay whatever damages are awarded by the court. Yikes!

Review Order of a Civil Suit Statement of Claim Default Judgement Statement of Defence Counterclaim Examination for Discovery Pretrial Conference ADR or Trial Judgement

Baryluk v. Warner Brothers, p.394 Description of the case What is an injunction? Pg 401 1. Why would the plaintiff seek an injunction? 2. Sue J.K. Rowlings instead? 3. Should you be able to TM a musical group name?

Extending your comprehension Pg 409 Q#1, 2 (knowledge/concepts) Q# 9 (thinking & categorizing)