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

2. Learning Goals
By the end of today’s lesson, students should be able to…
explain the different remedies available to litigants
describe how ADR differs from litigation

3. Strange Civil Law Suits
First, lets consider these strange but true law suits..
25 Bizarre Lawsuits That You Won't Believe Are Real
John Stossel - Lawsuit Abuse (Full Episode) 6/14/12
Tattoo Suit Won't Stall 'Hangover 2' Opening, Says Judge

4. Interesting Civil Law Suits
Woman who drove drunk gets $300,000".  An Ontario woman who got drunk at an office party and crashed her car has successfully sued her employer for allowing her to drive -- even though her company offered a cab ride or accommodation if she gave up her keys. Linda Hunt, 52, won more than $300,000 in damages and interest from Sutton Group Realty Ltd., of Barrie, Ont., after arguing her boss should have stopped her from driving home in a snowstorm following a 1994 Christmas party." The judge assessed Hunt's damages from the resulting accident at C$1.2 million, but reduced that by three quarters to reflect her own fault in the matter. He "went on to declare it the duty of employers to monitor the alcohol consumption of employees at company functions. The decision is expected to send a chill through offices across the country". (Charlie Gillis, National Post (Canada), Feb. 6).
Source - Overlawyered.com

5. A woman in Israel is suing a TV station and its weatherman for $1,000 after he predicted a sunny day and it rained. The woman claims the forecast caused her to leave home lightly dressed. As a result, she caught the flu, missed 4 days of work, spent $38 on medication and suffered stress.

6. A college student in Idaho decided to "moon" someone from his 4th story dorm room window. He lost his balance, fell out of his window, and injured himself in the fall. Now the student expects the University to take the fall --- he is suing them for "not warning him of the dangers of living on the 4th floor".

7. A convicted bank robber on parole entered a bank, went up to the teller, and said, "Give me the money. I've got a bomb." The bank teller did as instructed, except that hidden in the rolls of money turned over to the robber was an anti-robbery device that released tear gas. The device functioned as intended and the robber sued the bank.

8. Civil Remedies – what can you sue for?
General Damages:
1. Pecuniary damages – (loss of money)
somewhat difficult to determine because…
loss of actual income and future earnings, (earning capacity? life expectancy?) future care costs, accused’s ability to pay (prison, insurance?)
Example: car accident victim that confines the victim to a wheelchair for life. You can sue for damages to replace the car and also loss of future earnings.
Q: How would age play a factor in complicating this matter?
2. Non-pecuniary – non-financial maters
assigning dollar value to pain and suffering v. difficult! CAN WE PUT A PRICE ON THIS?
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…

9. 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
Example: someone was using your land and you wanted them to stay off, you may be awarded $1 for you suffered no loss but merely wanted to assert your rights
Specific Performance:
Court order requiring someone to fulfill the terms of a contract
Example: buy a puppy from a breeder but the breeder changes her mind and gives you your deposit back. You don’t want the deposit, you want the puppy!
Injunction:
Court order requiring someone to do or not do something (ex. using dangerous chemicals)

10. Enforcing the Judgment
You are on your own. The court doesn’t cut a cheque.
But….if the defendant doesn’t pay you can take the following steps:

11. Execution or Seizure – sheriff seizes assets of debtor and sells them
ENFORCING A JUDGEMENT
Examination of a Judgment Debtor – being questioned under oath to find out about the debtor’s assets
Garnishment – courts can order a % of wages, bank accounts be deducted to pay to plaintiff
Execution or Seizure – sheriff seizes assets of debtor and sells them

12. Alternative Sources of Compensation
Motor Vehicle Liability Insurance – money from the insurer of the defendant’s vehicle (only in motor vehicle accidents)
Problem: not everyone has liability insurance
II No Fault Insurance – provides immediate funds without evidence of fault
III Worker’s Compensation – provincial Workers Compensation Fund
IV Criminal Injuries Compensation – criminal injuries compensation boards have been created to compensate innocent victims when the assailant doesn’t have any assets or insurance.

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

14. NHL Violence Moore/Bertuzzi Mar. 8, 2004 Brashear/McSorley
Feb. 21, 2000

15. 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

16. Group Work
Look at the case your group has been given and come up with an appropriate remedy.
Be prepared to Share!!

17. Homework
Complete the ADR Worksheet!