Civil Law/Private Law

Ms. Ripley

Law 12

CIVIL LAW – law that governs the relationship between individuals

Civil law deals largely with private rights and obligations. These include:

Contractual rights Property rights Torts (civil wrongs)

Parties are called litigants (Litigation is the action) Plaintiff- party that initiated the legal actionDefendant-litigant against whom the action is takenie: McFadden v. Harris Onus is on the plaintiff to prove the case on a “balance of probabilities”-the weighing of evidence to decide whether it is the plaintiff’s or the defendant’s version of the events that is more convincing.

Did you know that…

Persons under the age of majority (19 in NS) cannot sue or be sued in their own name. A minor who wishes to sue must be represented by an adult, known as a next friend. If an infant or a person “under a disability” is sued, the court will appoint a guardian or adult to act as the minor’s representative. This person is also known as a “guardian ad litem”.

The proper court:

Remember: $15000 or less – Small Claims

Court More than $15 000- Superior

Court/Provincial Court

Class action suit – a lawsuit initiated by a group of people over a complaint common to all.

Examples?

KINDS OF CLAIMS

GENERAL DAMAGES SPECIAL DAMAGES PUNITIVE DAMAGES NOMINAL SPECIFIC PERFORMANCE INJUNCTIONS

GENERAL DAMAGES

I Pecuniary – monetary compensation for losses that can be calculated based on how much money the plaintiff lost.

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?

GENERAL DAMAGES II Non-pecuniary – terrible personal loss

which does not involve an actual loss of money and is difficult to quantify.

Example: pain and suffering, loss of a loved one, mental anguish, aggravated damages (humiliation or distress) CAN A PRICE BE PUT ON THESE?

Judges will usually make the monetary compensation based on rule of precedent.

However, there is a maximum of $280 000 (recently increased from $100 000 due to

inflation) WHAT DO YOU THINK?

SPECIAL DAMAGES

-compensation for out of pocket expenses

Example: medication, therapy, ambulance services, medical expenses, lost income (fixed period of time), car repairs

PUNITIVE DAMAGES

– punish the defendant for reprehensible /malicious conduct

Example: false imprisonment or arrest, assault, battery, libel and slander

NOMINAL

-minimal compensation to acknowledge a moral victory

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 compelling 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!

INJUNCTIONS

a court order requiring someone to do or not do something

Mandatory injunction – to do Prohibitory injunction – forbid to do*These may be permanent or temporary

Example: apply dangerous chemicals, copyright trademarks, force striking workers to return to work

ENFORCING A JUDGEMENT

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:

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

Alternative Sources of Compensation I 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.