Damages!
CIVIL LAW
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
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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.
How does the Trial Work?
 In a trial by jury the judge instructs the jury on
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the law applicable to the facts of the case.
The jury must consider this as well as other
considerations:
Who was at fault?
Is that person totally at fault? (%)
How should damages be determined?
How much should they be?
 Class action suit – a lawsuit initiated by a
group of people over a complaint common
to all.
 Examples?
 Page 369-370
 Google Class Action
Benefits
 Avoid the necessity for many similar lawsuits
 Similar claims are treated similarly
 Eliminated barriers like economic barriers
that prevent people from pursuing legal
action