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

2. 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

3. 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…

4. 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

5. 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

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

7. 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