Chapter 11

Tort Law Tort = intentional or unintentional wrong See figure 11-2 on pg. 311 in Text

Civil Courts Small Claims Court Provincial Supreme Court A judge and no jury Usually no lawyers $10,000 maximum Provincial Supreme Court Usually have lawyers Can have a jury (6 members) and they only need to reach a majority Complex and serious cases Court of Appeal 3 or more judges hear appeal, majority wins May issue appeal if spilt decision

Supreme Court of Canada Federal Court Judge Deals with federal government and employees, income tax, copyright, patents Supreme Court of Canada Only deals with cases of “national importance” May issue appeal on spilt decision

Trial Procedures Plaintiff – who is suing Defendant – who is being sued Litigation – process of suing Litigants – parties in the litigation Litigation guardian – anyone under the age of 18/19 suing for more than $500 Balance of Probabilities The plaintiff/defendant must prove the events took place the way they happened; judge will rule with more credible or believable person

Filing and Serving a Claim Cause of Action = valid reason for suing Claim must include: Plaintiff Full name and address Defendant Full name and address The amount of money the Plaintiff is claiming A brief, clear summary of the reasons for the claim After being filed, Claim may be personally delivered or served by a process serving agency Litigation Period – must be served with in a certain period of time of incident

Defence or reply Payment in Court Counterclaim Third Party Claim Defendant does not agree with the claim Must file with court within 10 to 30 days of receive Payment in Court Defendant can pay part of the amount to the court (what he/she feels is fair), defendant can decide if they want the money or to pursue for full amount Counterclaim Defendant sues the Plaintiff, saying it was his/her fault Third Party Claim Defendant can involve a third party, stating they are responsible for some of the blame for the incident

Out-of-Court Settlement Default Judgment Defendant doesn't not reply to the claim with in the required time period, a default judgment is made against him/her; the Plaintiff is automatically awarded his/her claim Out-of-Court Settlement Formal or informal settlement to end dispute Keeps case out of the court system Pre-Trial Conference (settlement conference) Last chance before trial to resolve dispute If the dispute is not resolved, the trial date will be set

Examination for discovery – question and answer for the litigants and lawyers Both parties MUST disclose all relevant documents Can conduct interviews under oath

Remedies General damages Special Damages Goal is to return the plaintiff(s) to the same position prior to incident General damages Damages for loss of income, future earnings, cost of special care Damages for pain and suffering and for loss of enjoyment of life Various factors including age and profession play a large role in determining damages, but it is a very difficult decision Special Damages Compensate for out-of-pocket expenses already spent before the trial because of injuries Examples include: Lost wages between accident and trial Expenses for medical costs, etc.

Punitive Damages Aggravated Damages Additional damages to punish the defendant for bad, insensitive, or uncaring behavior; intention is to deter the defendant and public from committing similar offences Aggravated Damages Behavior so outrageous, it harms the defendant Punitive damages are intended to punish and deter defendants, while aggravated damages compensate the plaintiff for the defendant’s outrageous conduct.

Nominal Damages Injunctions Costs Judge wants to indicate support for the plaintiff and awards a small sum such as $1. Plaintiff has suffered little to no loss or harm Injunctions An order for someone to do or not do something Plaintiff is not interested in cash compensation Costs Judge determines whether court costs (some or all) will be covered by losing party

Enforcing a Judgement Garnishment Seizing Assets 3rd party owing the defendant money will pay to the court until debt is payed Examples include bank account, money owing on contracts, and a portion of defendants wages Seizing Assets Take possession of debtors property and sell it to settle the judgement Examination of the Debtor Examination of debtor’s income, assets, and any money owing from others (while under oath).

Alternative Dispute Resolution Negotiation Informal and voluntary dispute resolution process between 2 parties The parties make the decisions If an agreement is reached, it is written into a contract Mediation Involves a 3rd party attempting to bring both sides closer to an agreement; emphasizing cooperation instead of confrontation Arbitration Formal process involving a 3rd party, where the arbitrator makes the final decision; Most of the time it is binding