Civil Courts: Judgment and Civil Remedies Lesson 25 CLU 3MR

Civil Courts: Judgment and Civil Remedies Learning Goal: Recognize how civil cases are judged and remedied Civil Courts Civil Remedies Enforcing a Judgment Looking Back: page 373

Civil Courts: Small Claims Court Purpose: Simple and inexpensive way to settle disputes $25 000 maximum Informal, with judge only Both parties tell their story Minor car accidents, unpaid bills, landlord/tenant disputes

Superior Court of Justice Purpose: Hears appeals and cases over $25 000 By judge, or judge and jury Usually argued with lawyers because they are more complex Serious car accidents, medical malpractice, breach of contract

Court of Appeal of Ontario Purpose: hears appeals from small claims or superior court (lower courts) Heard by 3 or more judges (majority rules) Dissenting judges will explain why Federal Court of Canada (Trial and Appeals Divisions) Purpose: deals with cases involving the federal government and its employees Income tax, patents, maritime disputes (oceans), etc Appeals division hears appeals

Supreme Court of Canada Purpose: Hears cases which it feels are of national importance This is an appeals court only May issue unanimous or split decisions

Civil Remedies General Damages Those that cannot be easily calculated Pecuniary damages: for loss of income and future earnings, and cost of specialized care Non-pecuniary damages: for pain and suffering, and loss of enjoyment of life Pecuniary=> related to money

2. Special Damages Compensation for out-of-pocket expenses Things that can be calculated Hospital costs, therapy, etc. 3. Punitive Damages As punishment for bad behaviour Usually not used if criminal convictions have been made

4. Aggravated Damages Awarded for humiliation and mental distress 5. Nominal Damages To recognize a moral victory when actual harm has not occurred Just a small sum ($1-$100)

Injunctions Court orders that direct the defendant not to do something Keep noise levels down Refrain from dumping pollutants into a lake, etc.

Contingency Fees When lawyers agree not to take payment until the end of the case Canadian provinces regulate the percentage that lawyers can take

Enforcing a Judgment How damages are paid out Defendant must have money, assets, and/or wages that can be seized Examination of the Debtor When the defendant refuses to pay, the plaintiff makes this happen D is examined under oath to find out about ability to pay

2. Seizing Assets Take legal possession of D’s property Court sells items and gives proceeds to P 3. Garnishment Court order that takes money from D’s account or wages

Costs Losing party often has to pay court costs for the entire case However, could come out of the damages awarded to the P

Task: Looking Back, page 373 Complete and hand in questions 1, 2, & 4.