1. Chapter 11

2. Tort Law Tort = intentional or unintentional wrong
See figure 11-2 on pg. 311 in Text

3. Civil Courts Small Claims Court Provincial Supreme Court
A judge and no jury
Usually no lawyers
$10,000 maximum
Provincial Supreme Court
Usually have lawyers
Can have a jury (6 members) and they only need to reach a majority
Complex and serious cases
Court of Appeal
3 or more judges hear appeal, majority wins
May issue appeal if spilt decision

4. Supreme Court of Canada
Federal Court Judge
Deals with federal government and employees, income tax, copyright, patents
Supreme Court of Canada
Only deals with cases of “national importance”
May issue appeal on spilt decision

5. Trial Procedures Plaintiff – who is suing
Defendant – who is being sued
Litigation – process of suing
Litigants – parties in the litigation
Litigation guardian – anyone under the age of 18/19 suing for more than $500
Balance of Probabilities
The plaintiff/defendant must prove the events took place the way they happened; judge will rule with more credible or believable person

6. Filing and Serving a Claim
Cause of Action = valid reason for suing
Claim must include:
Plaintiff Full name and address
Defendant Full name and address
The amount of money the Plaintiff is claiming
A brief, clear summary of the reasons for the claim
After being filed, Claim may be personally delivered or served by a process serving agency
Litigation Period – must be served with in a certain period of time of incident

7. Defence or reply Payment in Court Counterclaim Third Party Claim
Defendant does not agree with the claim
Must file with court within 10 to 30 days of receive
Payment in Court
Defendant can pay part of the amount to the court (what he/she feels is fair), defendant can decide if they want the money or to pursue for full amount
Counterclaim
Defendant sues the Plaintiff, saying it was his/her fault
Third Party Claim
Defendant can involve a third party, stating they are responsible for some of the blame for the incident

8. Out-of-Court Settlement
Default Judgment
Defendant doesn't not reply to the claim with in the required time period, a default judgment is made against him/her; the Plaintiff is automatically awarded his/her claim
Out-of-Court Settlement
Formal or informal settlement to end dispute
Keeps case out of the court system
Pre-Trial Conference (settlement conference)
Last chance before trial to resolve dispute
If the dispute is not resolved, the trial date will be set

9. Examination for discovery – question and answer for the litigants and lawyers
Both parties MUST disclose all relevant documents
Can conduct interviews under oath

10. Remedies General damages Special Damages
Goal is to return the plaintiff(s) to the same position prior to incident
General damages
Damages for loss of income, future earnings, cost of special care
Damages for pain and suffering and for loss of enjoyment of life
Various factors including age and profession play a large role in determining damages, but it is a very difficult decision
Special Damages
Compensate for out-of-pocket expenses already spent before the trial because of injuries
Examples include:
Lost wages between accident and trial
Expenses for medical costs, etc.

11. Punitive Damages Aggravated Damages
Additional damages to punish the defendant for bad, insensitive, or uncaring behavior; intention is to deter the defendant and public from committing similar offences
Aggravated Damages
Behavior so outrageous, it harms the defendant
Punitive damages are intended to punish and deter defendants, while aggravated damages compensate the plaintiff for the defendant’s outrageous conduct.

12. Nominal Damages Injunctions Costs
Judge wants to indicate support for the plaintiff and awards a small sum such as $1. Plaintiff has suffered little to no loss or harm
Injunctions
An order for someone to do or not do something
Plaintiff is not interested in cash compensation
Costs
Judge determines whether court costs (some or all) will be covered by losing party

13. Enforcing a Judgement Garnishment Seizing Assets
3rd party owing the defendant money will pay to the court until debt is payed
Examples include bank account, money owing on contracts, and a portion of defendants wages
Seizing Assets
Take possession of debtors property and sell it to settle the judgement
Examination of the Debtor
Examination of debtor’s income, assets, and any money owing from others (while under oath).

14. Alternative Dispute Resolution
Negotiation
Informal and voluntary dispute resolution process between 2 parties
The parties make the decisions
If an agreement is reached, it is written into a contract
Mediation
Involves a 3rd party attempting to bring both sides closer to an agreement; emphasizing cooperation instead of confrontation
Arbitration
Formal process involving a 3rd party, where the arbitrator makes the final decision; Most of the time it is binding