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

2. Learning Goals identify the stages involved in a civil action
By the end of today’s lesson, students should be able to…
identify the stages involved in a civil action
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..
lawsuits-nike

4. Civil Remedies – what can you sue for?
A. General Damages:
1. Pecuniary damages – (loss of money)
somewhat difficult to determine because…
loss of actual income and future earnings, (earning capacity? life expectancy? age?) future care costs, accused’s ability to pay (prison, insurance?)
2. Non-pecuniary – non-financial maters
assigning dollar value to pain and suffering v. difficult!
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…

5. 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
Specific Performance:
Court order requiring someone to fulfill terms of a previous contract
Injunction:
Court order requiring someone to do or not do something (ex. using dangerous chemicals)

6. Enforcing the Judgment
Collection must come at the initiation of the Plaintiff…but what if the defendant can’t/doesn’t want to pay???
Examination of the Judgment Debtor
Debtor may be examined under oath, all assets assessed
Agreement reached on how much the Debtor can pay
Installments arranged
Garnishment
If there are problems collecting the award, courts may order a percentage of wages be deducted to pay it back
Bank accounts, money due on contracts may be ‘garnished’
Execution or Seizure of Assets
Courts take legal possession of Debtors property and sell it to at public auction to settle the judgment

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

8. Canadian Civil Procedures
Using the handout and your textbook, make notes for all highlighted sections shown.
Where an arrow exists…add the information requested with a brief description from your text.
Then, complete the case study package provided.
Add:
Pre-Trial Conference

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

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