1. Introduction to Civil Law
CLU 3MR
Lesson 24

2. Civil Law Learning Goal: Explain how civil law is used in Canada.
Note and discussion
Worksheet to complete

3. New Vocabulary
Arbitration injunction Balance of probabilities litigation Class action general damages Default judgment punitive damages Garnishment special damages tort

4. Questions on page 361 Give 3 examples of ‘tort’.
5 main branches of civil law; two examples for each
How can an offence be both a crime and a tort?
Main purpose of tort law
How a judgment in a tort action might also be a deterrent.

5. Ferguson v Birchmount Boarding Kennels (page 363)
Why was this case brought to the court?
Plaintiff’s arguments
Defendant’s arguments
Do you agree with the appeal court’s decision?

6. Unit 3: Civil Law Resolving Civil Disputes
Civil Law = Private Law
Regulates disputes (arguments) between individuals or individuals and organizations
Doesn’t necessarily impact society
Sub-categories: Tort Law, Contract Law, Family Law, Labour Law, & Property Law
Decisions based on “balance of probabilities”: what is most likely to have happened

7. Tort means “a wrong” (from Latin)
An action in which one person causes loss or injury to another person
Has become very important today, due to negligence cases
Historically, only dealt with intentional wrongs such as trespass

8. Tort Law
includes real property, possessions, animals, sports, reputation, etc.
product of case law decisions made over hundreds of years
it changes as society changes
study of tort law lets one see how society has adjusted to new ideas
some situations can result in a criminal charge and civil action
If a person breaks into someone’s property, it may be a crime of break and enter and the tort of trespass to land.

9. criminal action punishes the wrongdoer while civil action compensates the victim
civil action is also a secondary source of punishment as it usually brings attention to the wrongdoer (publicity)
large monetary judgments may act as a deterrent

10. Small Claims Court
has a low limit ($ in Ontario) and is informal, in the presence of a judge only
Both parties tell their stories
Landlord/tenant conflicts, consumer complaints, unpaid wages, minor car accidents, unpaid bills

11. Process of suing is called litigation
The two parties are the litigants (plaintiff and defendant)
Minors may sue with the help of a parent or litigation guardian

12. Trial Procedures