Types of Damages and ADR Civil Law - TORTS Types of Damages and ADR

Learning Goals identify the stages involved in a civil action By the end of today’s lesson, students should be able to… identify the stages involved in a civil action explain the different remedies available to litigants describe how ADR differs from litigation

Strange Civil Law Suits First, lets consider these strange but true law suits.. http://www.mirror.co.uk/news/weird-news/7-most-ridiculous- lawsuits-nike-3238861

Civil Remedies – what can you sue for? A. General Damages: 1. Pecuniary damages – (loss of money) somewhat difficult to determine because… loss of actual income and future earnings, (earning capacity? life expectancy? age?) future care costs, accused’s ability to pay (prison, insurance?) 2. Non-pecuniary – non-financial maters assigning dollar value to pain and suffering v. difficult! pain tolerance, promising athletic career – should they matter? often rely on precedent – max. $280,000 (as of 2003) B. Special Damages: Compensation for out-of-pocket expenses spent before the trial due to the tort ex. hospitalization / car rental / loss of income…

Civil Remedies / Tort Action (cont’d) Punitive damages: Additional damages awarded to punish the defendant for bad or insensitive behavior Intended as a deterrent (ex. false arrest, assault, slander) Aggravated damages: Awarded when defendants behaviour is outrageous and harms the plaintiff mentally Nominal damages: Small sum to demonstrate the judges’ support for the plaintiff Specific Performance: Court order requiring someone to fulfill terms of a previous contract Injunction: Court order requiring someone to do or not do something (ex. using dangerous chemicals)

Enforcing the Judgment Collection must come at the initiation of the Plaintiff…but what if the defendant can’t/doesn’t want to pay??? Examination of the Judgment Debtor Debtor may be examined under oath, all assets assessed Agreement reached on how much the Debtor can pay Installments arranged Garnishment If there are problems collecting the award, courts may order a percentage of wages be deducted to pay it back Bank accounts, money due on contracts may be ‘garnished’ Execution or Seizure of Assets Courts take legal possession of Debtors property and sell it to at public auction to settle the judgment

Alternative Dispute Resolution –ADR All cheaper and faster than trial!!! Negotiation: Informal and voluntary 2 parties come up with a mutually agreed remedy Mediation: Neutral 3rd party – advisor only Helps parties reach an agreed remedy Arbitration Formal process Neutral 3rd party with knowledge of the topic Hears both sides and sees all evidence Reaches a decision and draws up a legal contract Winner and Loser Party 2 Party 1 Mediator Party 1 Party 2 Arbitrator Party 1 Party 2

Canadian Civil Procedures Using the handout and your textbook, make notes for all highlighted sections shown. Where an arrow exists…add the information requested with a brief description from your text. Then, complete the case study package provided. Add: Pre-Trial Conference

Should the law intervene when there is excessive violence? Violence in Sport Should the law intervene when there is excessive violence?

NHL Violence Moore/Bertuzzi Mar. 8, 2004 Brashear/McSorley Feb. 21, 2000 https://www.youtube.com/watch?v=Fz9RE9RGrVY https://www.youtube.com/watch?v=YbTPFo6znZo