Civil Tort Law Trial Procedure Civil Remedies (Tort Action) Enforcing Judgment Alternative Dispute Resolution

1. Trial Procedure Defence or Reply Filling and Serving a Claim Document outline reason for disagreeing with the plaintiff 10 to 30 days Filling and Serving a Claim Do you have cause for action? Valid claim File the claim – summary of the case, $ Defendant served – 10 to 30 day to pay Payment into Court Defendant feels plaintiff is entitled to a portion of the claim Plaintiff can accept or reject Counter Claim Defendants claim that the Plaintiff is actually at fault Defendant makes own claim Default Judgment Defendant fails to respond within the limitation period – Judge rules in favour of the plaintiff Third Party Claim 3rd party believed partially at fault Same trial, all 3 parties Pre-trial Conference Meeting with both litigants and judge/referee Judge may suggest which side is favoured Last chance to settle out of court Out-of-court Settlement Court is the last option Litigants must weigh the proposed offer with the chance of winning

2. Civil Remedies / Tort Action General damages: Pecuniary damages “money” Loss of actual income and future earnings Non-pecuniary Assigning dollar value to pain and suffering Judge / jury discretion (difficult to determine) Special damages: Compensation for out-of-pocket expenses spent before the trial due to the tort Hospitalization / car rental / loss of income…

2. Civil Remedies / Tort Action continued Punitive damages: Additional damages awarded to punish the defendant for bad or insensitive behaviour Intended as a deterrent Aggravated damages: Awarded when defendants behaviour is outrageous and harms the plaintiff Intended compensate the plaintiff Nominal damages: Small sum to demonstrate the Judges support for the plaintiff

3. Enforcing Judgment At the initiation of the Plaintiff Examination of the Judgment Debtor Debtor examined under oath, all assets assessed Agreement reached on how much the Debtor can pay Installments arranged Garnishment 3rd party remedy Court order has 3 party pay the plaintiff what that 3rd party otherwise owed the Debtor Execution or seizure of Assets Courts take legal possession of Debtors property and sell it to at public auction to settle the judgment

Enforcing Judgment Alternative Sources of Compensation Motor vehicle liability insurance No-fault motor vehicle insurance Workers compensation Criminal injuries compensation

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 1 Party 2 Mediator Party 1 Party 2 Arbitrator Party 1 Party 2