Civil LawPrivate Law Ms Ripley Law 12 CIVIL

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: n Contractual rights n Property rights n Torts (civil wrongs)

Parties are called litigants (Litigation is the action) Plaintiff- party that initiated the legal action Defendant-litigant against whom the action is taken ie: Mc. Fadden 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… n 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: n $15000 or less – Small Claims Court n More than $15 000 - Superior Court/Provincial Court

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

KINDS OF CLAIMS n GENERAL DAMAGES n SPECIAL DAMAGES n PUNITIVE DAMAGES n NOMINAL n SPECIFIC PERFORMANCE n INJUNCTIONS

GENERAL DAMAGES n 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. n Q: How would age play a factor in complicating this matter? n

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

PUNITIVE DAMAGES n – punish the defendant for reprehensible /malicious conduct n Example: false imprisonment or arrest, assault, battery, libel and slander

NOMINAL n -minimal compensation to acknowledge a moral victory n Example: someone was using your land 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 n -court order compelling someone to fulfill the terms of a contract n Example: buy a puppy from a breeder but the breeder changes her mind and gives your deposit back. You don’t want the deposit, you want the puppy!

INJUNCTIONS n a court order requiring someone to do or not do something n Mandatory injunction – to do n 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 n You are on your own. The court doesn’t cut a cheque. n 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 n II No Fault Insurance – provides immediate funds without evidence of fault n III Worker’s Compensation – provincial Workers Compensation Fund n 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. n