Public Law: Deals with the relationship
between state (government) and
individuals or organizations.
Private law: deals with the disputes
between persons and between
individuals and companies. Although an
individual can sue the government for
breach of employment, suffers an injury
because of the government or contract
disputes with government.
Next Friend: An adult who
represents a child or person
under a disability who
initiates a civil lawsuit.
Guardian ad Litem
(litigation guardian) The
person appointed to act on
the behalf of a minor or
person under a disability who
is being sued.
Complex civil actions or those
involving a significant amount
of money are brought before
a Superior Court. For less
serious matters, all provinces
has a small claims court.
Cause of the action
Complaint or reason for suing
Writ of Summons
In some provinces only/ issued by the court
Statement of claim
The facts according to the plantiff
Statement of Defence
The defendants response or counterclaim
Reply
Examination for discovery
Evidence of both sides
Pre- trial conference
Judge meets with both sides
Settlement out of court
Trial court- ruling
Appeal- challenge
decision
Pleadings: documents stating
formal allegations by the parties
regarding their claims and
defences
Writ of summons: a legal
document that commences civil
actions in some provinces.
Statement of claim: a document
outlining the facts supporting a
civil action and the remedy
desired.
Remedy: the relief sought by the
plaintiff.
Particulars: specific details of a
claim in a civil action.
Default judgment: a judgment
against a party who has failed to
defend a claim.
Statement of defence: The
response to the plaintiff’s
complaint, denying the allegations
in part or in whole.
counterclaim: an action brought
in response to the plaintiff’s claim
aimed at diminishing or removing
the defendant’s liability.
Third party claim: a complaint filed by the
defendant claiming that another party is at
fault.
Liable: legally responsible for a wrongful
action.
Examination for discovery: examination of
evidence by both sides before a civil trial.
Privileged documents: records and
information that can be excluded for
examination by the other side in a civil action.
Settle out of court: all parties agree to resolve
the dispute instead of going to court.
Class action lawsuits: a lawsuit initiated by a
group of people over a complaint common to
all.
Small claims Courts:
• Represented by lawyer, law student or
agent
• generally law suits up to $10,000
• Least expensive, faster and informal.
• Judge alone based on balance of
probabilities.
Superior courts of the province and
territories
• Represented by a lawyer
• More complex cases
• Larger financial compensations
• Judge and sometimes jury.
Courts of Appeal:
• Highest courts in in the province (criminal
and civil)
• Empowered to order a new trial, not
overturn the decisions of a jury.
• Decisions a binding ( final and enforceable)
in province.
• Panel of 3 judges
• Incase of a split decision, a “dissenting
option” (a minority opinion that disagrees
with the majority point of law.) is released to
the public.
Supreme Court of Canada
• Highest court of Appeal in Canada (criminal
and civil cases)
• Decisions are binding throughout the
country.
• Nine justices hear the cases.
Federal Court of Canada
• Generally for disputes with the government.
Civil cases generally handles
compensating one party with
financial gain because of the
damages that have occurred
through situations, breach of
contracts or other circumstances.
Although most of these cases are
easy to determine, personal injury
can have a much more complicated
outcome. In these cases the courts
may award special damages and
general damages.
General damages:
Pecuniary damages are monetary
compensation for losses that can be
calculated.
Non- pecuniary damages are
compensations for losses that do not
involve an actual loss of money and are
difficulty to quantify.
Aggravated damages: Compensation for
intangible losses such as humiliation and
distress.
Special damages: compensation for out
of pocket expenses. (Medication,
ambulance, repairs and therapy)
Punitive damages: damages imposed to
punish the defendant for reprehensible or
malicious conduct.
Nominal damages: minimal
compensation to acknowledge a moral
victory.
Specific performance: a Court order
requiring someone to fulfill the terms of a
contract.
Injunctions: a court order requiring or
prohibiting and action
What kinds of compensation could be
awarded for the following cases:
Case 1: Civil suit against contractor who
installed cheaper roof shingles.
Case 2: Car Accident where the plaintiff
suffered a broken leg and cannot work at
his job for 6 weeks. He works as a mechanic.
Case 3: The plaintiff was shopping at a store.
On the way out she was attacked by a
security guard who had though that she had
stolen items and was running away from the
store. She fell and broke her collarbone. She
was kept until police arrived two hours later.
During which she missed an important job
interview.
The bad news is that after the trial the court
does not simply pass over a check. The
check must come from the defendant, who is
called the judgment debtor.
Examination of the judgment debtor: if
he/she cannot pay, his assets will be
examined in order to make the payments.
Garnishment: a court order requiring a
third party to pay the plaintiff money owed
to the defendant.
Execution or seizure: The debtor’s assets
can be seized by the sheriff, then sold to pay
the defendant.
Motor vehicle insurance: it is possible to
collect compensation fro the defendant’s
insurer.
No-Fault insurance: a no fault insurance
system is available to Canadians in order
to provide funds without evidence of fault.
Worker’s compensation: Workers who
are injured on the job have another source
of compensation through their Worker’s
Compensation Fund.
Criminal Injuries Compensation: these
funds have been set up to aid in damages
in the cases where the defendant has no
assets. There is a limited amount of many
that can be awarded.
There are many different ways to
resolve disputes that should be
considered before going to court.
Negotiation: a process whereby both
parties communicate to reach a mutually
acceptable agreement.
Mediation: a process in which a neutral
third party intervenes to bring opposing
parties to an agreement.
Arbitration: a process in which a neutral
third party hears both sides of the dispute
and makes a binding decision.